The law is there to be respected, ignorantia legis neminem excusat etc etc. I just thought I’d get the boring legal stuff out of the way just to shut up those of you who will try to throw the Criminal Code in my direction after reading this post.
With that clarification, I can now say it: what the hell is wrong with this country when the priority of prosecution and courts seems to be putting the fear of god into some hapless teenager for having ‘traces’ of cannabis on him?
Last Friday, a Sicilian 19-year-old, in Malta for a two day job dismantling a showroom kitchen, was arrested after customs found “a crusher containing traces of cannabis” in his possession. That’s right, traces. So, of course, the entire forces of law and order just had to be brought crashing on his head, dangerous criminal that he is.
READ: What will happen if I get caught smoking a joint?
The case ended up in front of the magistrates’ court and a €450 fine was meted. Which might not sound particularly harsh to the layman - until you consider the implications of being subjected to criminal proceedings, coupled with the financial burden that typically accompanies such proceedings. And let’s not forget the pain caused to the teenager’s family, which flew down to Malta post-haste to support their son.
Then, of course, there is the taxpayer’s point of view. Our law courts are already stretched to the limits. We have numerous (more serious) cases that have been pending for years. And what do we prioritise? Bringing down the full force of the law on a 19-year-old with 0.7grams of cannabis.
And the government has the cheek to claim that cannabis possession has been decriminalised and that we’re at the forefront of progressive drug laws. Yeah, right. The fact this case saw the light of day in an actual criminal court is one of the biggest fails of our legal system. Fine, the kid broke the law at the end of the day. By all means, dish out an administrative fine. But issuing a warrant of arrest smacks not merely of overkill, but of gross ignorance.
The arrest was legal for the simple reason the teen is not a Maltese resident
The arrest was legal for the simple reason the teen is not a Maltese resident. This distinction between foreigners and Maltese residents in cases of minimal drug possession needs to go. And needs to go fast, not as part of some longterm legal reform that will only see the light of day heavens know when. I can understand having a different legal framework for foreigners in the case of other, more serious crimes, when the risk of flight is very real. But in the case of a 19-year-old with 0.7grams of cannabis? Not so much.
The prosecution itself seemed to be a tad nonplussed about the situation, with the police stating that they were “getting involved at the request of customs”, which sounds a bit like a defensive “oh, I’m sorry we’re only just doing our jobs here”.
When I consider the amount of other, infinitely more dangerous stuff, that gets through customs on a daily basis, I despair.
We have people bringing in a whole lot of actual illegal drugs that make 0.7 grams of cannabis look like a piece of bubblegum. Somehow, illegally imported animals (both dead and alive) also make it through, regularly. Yet, what ends up getting customs super-excited? Traces of cannabis and a handful of laxatives. Go figure.
The same argument applies to the law courts. We have criminal proceedings involving murder, grievous bodily harm, trafficking of people and such ‘frivolities’ that have been dragging on for years. And we have the European Commission rapping us repeatedly for excessive court delays. Yet, the case that inspires overnight efficiency in our law courts involves traces of cannabis and a handful of laxatives. Again, go figure.
A legal system that allows a 19-year-old to face arrest for something that is not even an offence in most European countries is obviously in need of a dire overhaul.
Both prosecution and magistrate’s court were perfectly within their rights to take the steps they did. But their being within their rights does not necessarily make it right. A legal system that allows a 19-year-old to face arrest for something that is not even an offence in most European countries is obviously in need of a dire overhaul.
Until this happens, we will continue reading about teenagers getting hauled in front of a magistrate for 0.7 grams of cannabis, while murder suspects still walk free.