Court finds man guilty of aggravated cannabis possession, issues two-year probation order

A court has found 25-year-old Joseph Galea guilty of possessing cannabis in circumstances indicating that the drug was not intended solely for his personal use, while taking into account his successful rehabilitation from drug dependency.

In a judgment delivered on 4 June 2026, Magistrate Giannella Camilleri Busuttil ruled the prosecution had proven beyond reasonable doubt the cannabis found in Galea’s possession was not exclusively for personal consumption.

The case dates back to the night of 22 August 2019, when police officers from the Rapid Intervention Unit stopped a BMW vehicle in Triq Kordin, Paola, after noticing heavily tinted windows.

Galea, who was travelling as a passenger, was searched and found in possession of a small packet containing cannabis.

Following his arrest, Galea later handed over a second package concealed in his underwear while being escorted to the police lock-up at Police Headquarters in Floriana. Subsequent forensic analysis established that the seized cannabis weighed a total of 51g and had an estimated street value of €767.

During the investigation, police examined messages found on Galea’s mobile phone. According to evidence presented in court, WhatsApp conversations showed discussions involving quantities of cannabis, prices and arrangements to meet individuals in locations including St Julian’s and Buġibba. The court noted the drug was divided into several separate packets of varying weights, some bearing numerical markings, factors which it considered indicative of supply rather than personal consumption.

The court also considered testimony from expert witnesses, including psychologist Roberta Holland, who concluded Galea had been suffering from severe cannabis dependency at the time of the offence.

Her report stated he had begun using cannabis at around the age of 16 and had developed a serious addiction.

In 2023, the court assumed the functions of a Drug Court and referred Galea to the Drug Offenders Rehabilitation Board. Records presented during the proceedings showed that he successfully completed the rehabilitation programme, with the Board formally closing his case in May 2025 after expressing satisfaction with his progress.

When determining punishment, the court took into account Galea’s age at the time of the offence, his limited criminal record, the absence of further drug-related offences since 2019, and the positive rehabilitation outcomes achieved during the proceedings.

Rather than imposing a custodial sentence, the court exercised its powers under Malta’s Drug Dependence (Treatment not Imprisonment) Act and placed Galea under a probation order for a period of two years.

The court also ordered him to pay €2,028.76 in expert-related costs within six months and directed that the cannabis and related drug paraphernalia be destroyed once the judgment becomes final, unless required in separate criminal proceedings.

Lawyers Michela Giglio and Joseph Giglio represented the accused.