Paper – University of Malta: The effects of recent legislation on legalisation of marijuana: room for further reforms? Cannabis Law Report | How to buy Skittles Moonrock online
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| Attard, Eliza (2024) | |
| Keywords: | Cannabis — Laws and legislation — Malta Marijuana — Laws and legislation — Malta Drug legalization — Malta |
| Date of Issue: | 2024 |
| Citation: | Attard, E. (2024). The effects of recent legislation on cannabis legalisation: room for further reforms? (Bachelor’s dissertation). |
| Abstract: | This dissertation examines the effects of recent cannabis legislation in order to answer the research questions ‘Any Room for Further Reform’. It examines the wording and juridical basis of Act LXVI 2021 and the important judgements that have arisen from it, to understand the relation between the wording and interpretation of the law by the Courts. This dissertation is unique in its socio-legal approach, which examines interviews conducted with cannabis users, mental health professionals and lawyers to understand the effects of the law on the society. It also considers the spirit of law through interviews with those who proposed the reform. This dissertation, through such comparisons, recognises the congruence between all four stages. However, three main limitations were identified. First, the article 4A of Drug Dependence (Treatment not Imprisonment Act) does not define’reasonable suspicion of distribution’ when an individual is in possession the legal limit of marijuana. This subjective test may lead to social imbalances, which is contrary to the legislators’ intention. Second, article 8A of Conduct Certificates Ordinance amends a conduct certificate when an offence is decriminalised or depenalised but does not change the criminal record. This can lead to employment issues and undermines the spirit in which the law was written. Thirdly, article 2 of the Dangerous Drugs Ordinance defines ‘cannabis’, following a ruling by the Court of Justice of the European Union, which excludes cannabinoid products containing less than 0.2% of tetrahydrocannabinol. The Courts do not recognize such an exclusion, which breaks the correlation between the spirit and wording of the laws, as well as the interpretation of the laws by the Courts. |
| Description: | LL.B.(Hons)(Melit.) |
| URI: | https://www.um.edu.mt/library/oar/handle/123456789/126142 |
| Appearances in Collections | Dissertations, FacLaw, 2024 |
The full paper is available as a PDF at (but you will need to ask permission to download).
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