The new Drug Dependence Act came into effect yesterday after unanimous approval by Parliament, heralding a major change in Malta’s drug policy.

Under the new law, simple possession of small quantities of drugs (up to two grams, or two pills of ecstasy or similar substances) will be subject only to fines ranging from €75 to €125. Possession of less than 3.5g of cannabis will carry lower penalties, between €50 and €100.

“Genuine victims of drugs deserve only help to beat a cruel vice,” said Justice Minister Owen Bonnici in a statement. “This reform puts decisions in the hands of those who understand the social realities.”

Social worker Vicky Scicluna, described by the minister as “an authority on drug care and rehabilitation”, will be appointed Justice Commissioner with responsibility for hearing cases.

Repeat offenders will be referred to a Drug Offenders Rehabilitation Board, headed by former European Court of Human Rights judge Giovanni Bonello. The board will have the authority to impose mandatory rehabilitation orders.

Moreover, the Magistrates’ Court will be able to convert itself into a Drugs Court in certain cases and refer the accused for treatment to the rehabilitation board. If, after 18 months, the board reports that the rehabilitation was successful, the court is entitled to recall all pending criminal cases against the offender and apply lighter penalties than those established by law.

The new law also does away with mandatory prison terms for cultivation of a single cannabis plant and allows for medical preparations of cannabis to be prescribed by specialists if there is no alternative, or with the approval of the Superintendent of Public Health.

Dr Bonnici said the next step would be to strengthen the effort against drug trafficking with the setting-up of an effective Asset Recovery Bureau to ensure that money made by traffickers could be seized and used for the benefit of society.

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