In Malta, confusion over cannabis law after a doctor was arrested for drug trafficking
Malta has been hampered by the arrest of a local doctor, Andrew Agius, for distributing cannabis just a few months after the island became the first in Europe to legalize drugs.
Agius, 43, was arrested on March 10 and charged with drug trafficking for importing cannabis and selling it to his patients to relieve back pain.
His lawyers argued that the product contains a small amount of THC, the active content of cannabis, and is not a banned drug.
The arrest has confused Malta’s much-hyped legalization of cannabis, with NGOs and police unsure of what is illegal and what is not.
On 14 December 2021, the Maltese parliament passed the controversial “Authority on the Responsible Use of Cannabis” Bill, with 36 votes in favor and 27 against.
The bill was signed into law by the President of Malta George Vella four days later, Vella after rejecting calls from his opponents to refuse to do so.
Under the new legislation, possession of up to seven grams of cannabis is completely decriminalized for adults aged 18 and over. It also allows them to grow up to four plants at home for personal use.
But there is an actual supply problem. The so-called “cannabis clubs,” which the new law allows to grow and distribute limited amounts of cannabis among their members, have not been set up, almost four months after the law came into force. force.
This means that unless users are willing and able to grow their own cannabis from seeds using expensive home setups, they will still have to resort to the black market for their cannabis.
This has led to an increase in the drug trade, police say.
A senior police official, speaking on condition of anonymity, noted that police had seen an increase in demand for drugs since the introduction of the new law, even though there are currently no authorized dealers.
ReLeaf Malta, a pro-legalization NGO, said Agius’ arrest was a “scary and disturbing” development.
“This clearly reflects an unconnected approach between what the law aims to achieve and the realities on the ground,” said Andrew Bonello, head of ReLeaf Malta.
“This is especially important given that the law has, for the first time, established that it is the THC cannabinoid that is under restriction, while other cannabinoids, such as CBD, are outside the scope of the law, and therefore outside from the jurisdiction of the police. “
The NGO added that in 2020, the European Court of Justice had ruled that cannabis products in the form of flowers, oil or hash, with a THC content of less than 0.2% were out of order. the scope of control conventions.
“We remain confused, distressed, but not broken by these outrageous and draconian tactics,” Bonello said.
Earlier this week, ReLeaf Malta, together with a local NGO, presented a research policy paper to the chair of the authority, discussing the importance of including strong considerations for social equity and environmental practices. sustainable development of the legal framework on cannabis use.
But meetings are being held between the chairperson of the Responsible Cannabis Use Authority and various stakeholders, including foreign experts on drug policy and cannabis regulation, which Bonello described as “very encouraging. ”
“It is hoped that these discussions will translate into a fair and inclusive regulatory framework,” he said.