Drugs commissioner heard 344 cases since passing of reform law

344 people were referred to justice commissioner Vicky Scicluna since reforms to Malta’s drug laws came into force last year.

The justice ministry said that the vast majority of these people were recreational or experimental drug users. Indeed, Scicluna only referred 25 of them for further help.

Since the law passed last year, police are no longer able to prosecute people caught with small quantities of drugs (3.5g of cannabis, 2g of other drugs, two ecstacy pills) in court.

Instead, these drug users now have to appear before Scicluna, a Sedqa social worker, who has the power to subject drug users to fines between €65 and €125, or between €50 and €100 in the case of cannabis.

However, the police are still able to detain people caught with small quantities of drugs for up to 48 hours, so as to uncover details on the people who sold them the drug.

People caught with small quantities of drugs, except cannabis, for the second time in two years are now referred to a Drug Offenders Rehabilitation Board – chaired by retired judge Giovanni Bonello – that prescribes conditions for rehabilitation.

Repeat cannabis offenders are exempt from appearing in front of the board, irrespective of how many times they are caught in possession of the drug. However, they too will face the board if they refuse to appear in front of the justice commissioner or if the commissioner believes that they might abuse of harder drugs in the future.

Scicluna has only referred one person to the board so far.

14 cases referred from court to drugs board 

The reform also loosened the law for people caught with large quantities of drugs (over 3.5g of cannabis, over 2g of other drugs, over two pills of ecstasy).

Such drug uses will still be charged with drug trafficking at the Magistrates’ Court. However, magistrates will be able to refer them to the rehabilitation board if they have reason to believe that the user is a drug addict who truly wants to kick the habit.

If the board informs the court that the rehabilitation was sucessful, the court will be entitled to drop all pending cases against the ex-addict and transform itself into a Drugs Court. Unlike the Magistrates’ Court, the Drugs Court will not be legally obliged to punish the accused with a prison term, but can dish out a probation order or suspended sentence instead.

Since the reform law passed, the Magistrates’ Court received 79 requests from lawyers to refer their clients to the rehabilitation board. Out of these, it referred 14 people to the board – five cases of which are at an advanced stage.