The drug reform, which became law on Wednesday, has left many confused about what happens to drug users found in simple possession. Ivan Martin explains what happens if you get caught smoking a joint.

Steve* is at a bar with some friends and steps outside to a quiet corner to smoke a joint. Moments later, two plainclothes police officers walk up to him after they got a whiff of what was clearly an illegal substance.

The new legislation still allows the police to search Steve, who is carrying another gram of cannabis in his jacket pocket, an amount now classified as well within the limits of simple possession – up to 3.5 grams.

The officers confiscate the joint and the rest of the cannabis Steve is carrying and place him under arrest. This is because it is still illegal to smoke cannabis under the new law and it is the penalties for the offence which have been eased and not the plant’s legal status.

Once under arrest, the police do not escort Steve to the nearest police station but to a centralised unit now set up at the police headquarters, in Floriana. Here, the officers weigh Steve’s packet of cannabis, bag and all, on the same weighing scales used for all drug offences.

The police are allowed to keep Steve in custody for a maximum of 48 hours, the same as in all other arrests.

They will likely ask if he has more cannabis elsewhere, where and from whom he bought it and whether he purchased or used any other substances in recent weeks.

Justice Minister Owen Bonnici told Times of Malta the police had retained these powers because questioning users was the force’s main source of information in the fight against traffickers.

We want people to feel they have found a sympathetic ear

Still, Steve is not obliged to answer the questions put by the police and failure to do so will not have any bearing on how his case is ultimately decided. Once processed by the police, Steve is free to go.

Next, the new drugs tribunal will be informed of Steve’s case and will summon him to its premises in Qormi.

The sitting will be held on either a Monday or a Friday and a specific time will be given for the hearing no later than 11am.

The sitting will be held within three months of the arrest and the summons will include information on the tribunal’s workings and telephone hotlines for those seeking help.

The tribunal may resemble a court in the way the room is set up but Drugs Commissioner Victoria Scicluna, who heads the tribunal, insists it is anything but a courthouse.

A former rehabilitation officer, Ms Scicluna said Steve would still have to dress smartly but the sitting would be “more of a chat” rather than a hearing.

“We want people to feel they have found a sympathetic ear,” she said.

Police officers will be present but they will not be in uniform and will only be there to verify details of the incident.

Steve will then have to explain why he smokes cannabis, whether he feels he needs help or if he was just enjoying the drug recreationally.

Luckily, Steve is just an occasional user and smokes cannabis a couple of times a year, mostly with friends. He is let off with a warning, as opposed to the conditional discharge most drug users used to be handed before the reform.

The situation will change if Steve is caught by the police a second time. This time, he will go through the same process but face a fine of about €200, the same given for smoking a cigarette in a bar.

His case could also eventually be referred to a special board made up of different experts in the field and headed by former European Court of Human Rights judge Giovanni Bonello.

The board will set conditions he will have to follow, such as attending a routine rehabilitation course. Failing to follow such instructions will be considered a different form of offence, in which case Steve will face criminal charges in court, which could result in a suspended sentence.

Those already facing court proceedings on simple possession need not despair as the new law will also apply to them. This means that, although their case is being heard in the Court of Magistrates, they will be treated as though they were being processed by Ms Scicluna’s tribunal.

* This is a fictitious name.