A woman caught smoking a joint in a hotel bathroom was charged with simple possession of cannabis just six days before its decriminalisation.
Her lawyer insisted she should benefit from the new provisions, which are expected to come into force next week. The woman, who is Macedonian, pleaded guilty and was given a conditional discharge.
At the beginning of the sitting, she said she did not have money to engage her own lawyer and the new provisions would have seen her fined between €50 and €100.
Legal aid lawyer Joseph Ellis vociferously objected to the arraignment just six days before simple possession of cannabis was decriminalised.
The police inspector said that until the law was changed, possession of cannabis was an offence that merited immediate arrest
Elena Zdravskovska, 28, was caught smoking with a friend in a toilet at the Meridien Hotel in St Julian’s on Wednesday evening. She told Magistrate Giovanni Grixti she did not know that personal use of cannabis was illegal in Malta.
Dr Ellis insisted that the prosecution should justify the woman’s arrest. “It is very unfair on the accused to be arraigned six days before the law comes into effect,” he complained.
Police Inspector Caroline Fabri said that when the accused was searched, foil and other drug paraphernalia were found on her person. The inspector said that until the law was changed possession of cannabis was an offence that merited immediate arrest.
She had obtained an order for the arraignment from the Attorney General’s office.
The prosecuting officer argued that nobody knew what would happen in six days’ time, insisting that cannabis possession was illegal.
Dr Ellis interjected: “It is an abuse of judicial proceedings.” Magistrate Grixti noted that, as the law stood today, possession of cannabis was illegal. He said the accused had the option of pleading not guilty and wait until she could benefit from some transitory provision of the new law.
However, Ms Zdravskovska decided to plead guilty and she was discharged conditionally for six months.
Through the Drug Dependence (Treatment not Imprisonment) Bill, users found in simple possession of drugs for the first time will appear before Justice Commissioner Victoria Scicluna, who will issue a warning and impose administrative fines ranging from €75 to €125.
In the case of cannabis, the fine will range from €50 to €100.
Simple possession will be capped at 3.5 grams for cannabis and two grams for all other substances.