Drug addicts who successfully complete rehabilitation will have all pending court cases decided together, allowing them to move on with their lives, according to a draft law presented in Parliament yesterday.
The court would in these cases have the discretion not to hand down a jail term, in a measure that seeks to put an end to reformed drug addicts being jailed for a crime they may have committed years earlier.
Specialist physicians will be able to prescribe medical preparations of the cannabis plant
The person must have passed through the process within 18 months and a special board would inform a magistrate that the rehabilitation has been successful.
The Magistrates’ Court would then be able to hear all pending court cases falling within its remit; that is, those punishable by up to 10 years in prison.
This is one of the changes proposed in the Drug Dependence (Treatment Not Imprisonment) Bill, which was in Parliament for its first reading, after being launched for consultation in July.
The Bill constitutes a major reform to Malta’s drug laws, including the decriminalisation of first-time drug possession.
Justice Minister Owen Bonnici yesterday highlighted some of its major elements during a press conference.
Drug users found in simple possession for the first time will appear before a Justice Commissioner, who will give warnings and administrative fines ranging from €75 to €125.
In the case of cannabis, the fines will be between €50 and €100. Dr Bonnici said that the Justice Commissioner will not be a lawyer but someone with experience in the rehabilitation field.
Repeat offenders will go before a Drug Offenders Rehabilitation Board, which will set conditions for rehabilitation.
Breaking the conditions would be a criminal offence dealt with by the Magistrates’ Courts, which would act as a Drugs Court.
This court will have the power to refer the accused back to the rehabilitation board for treatment. During this phase the court will continue hearing evidence and the final outcome will depend on whether the person has collaborated with treatment.
Those caught smoking cannabis, irrespective of how many times, will only go before the board if the Justice Commissioner finds they are likely to abuse other drugs or if they fail to appear before the commissioner.
Cultivation of one cannabis plant will no longer be subject to mandatory jail and specialist physicians will be able to prescribe medical preparations of the plant if there is no alternative.
Specialists will also be able to prescribe the use of cannabis with the approval of the Superintendent of Public Health, who may impose conditions.
A Sentencing Policy Advisory Board will be set up to ensure consistency in punishments.
Dr Bonnici said the law sought to strengthen the fight against trafficking while offering support to addicts.
As part of this fight, an Asset Recovery Bureau will also be established – through Criminal Code amendments – to ensure that drug money was confiscated and used for the benefit of society, he said.