The effects of the recent legislation on the legalisation of cannabis : any room for further reform?

Abstract

This dissertation aims to examine the effects of the recent cannabis legislation to answer the research question ‘Any Room for Further Reform?’ In doing so, this dissertation examines the wording of Act LXVI of 2021, its juridical basis and the salient judgements arising therefrom, to understand the relationship between the wording of the law and its interpretation by the Courts. This dissertation finds uniqueness in its socio-legal method, as it examines interviews, conducted on cannabis users, lawyers and mental health professionals, to understand the implications of the law on society, while considering the spirit of the law, through interviews with proposers of the reform. Through such comparison, this dissertation recognises congruence between the four stages, however three main limitations arose. Firstly, regarding article 4A of the Drug Dependence (Treatment not Imprisonment) Act which does not define what constitutes ‘reasonable suspicion’ of distribution, where an individual is in possession of the legal limit of cannabis. Due to the subjective nature of this test certain imbalances in society may arise, contrary to the legislator’s intention. Secondly, with respect to article 8A of the Conduct Certificates Ordinance which amends one’s conduct certificate where an offence has been decriminalised or depenalised, but does not amend the criminal record, which leads to issues with employment, which undermines the spirit within which the law was drafted. 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. Such exclusion is not recognised by the Courts, breaking the correlation between the spirit of the law, the wording of the law, and the law’s interpretation by the Courts.