The legal use of otherwise illegal substances : focusing solely on medicinal and medical cannabis

Abstract

This Research Project aims to unravel whether the recently enacted laws legalizing the medicinal use of the cannabis plant, conforms with the substance’s potential as a treatment for patients suffering from certain illnesses. The purpose is that of identifying whether the sole Article implemented in the Drug Dependence (Treatment not Imprisonment) Act is sufficient in order to regulate this highly controversial topic. Lies, propaganda, and misinformation regarding the cannabis plant has proliferated throughout history and it is only through proper education and the sharing of accurate information one may comprehend whether laws regulating medical cannabis are warranted. This paper, thus utilizes clinical reports and other scientific evidence in order to reach its objective, whereby reference to factual cases involving individuals subject to illnesses meriting the use of such plant is also made. Furthermore, an analysis is made on the effectiveness of the measures taken by the Maltese legislator to address these medical and legal issues. The material presented in this project demonstrates that the attempts taken by the legislator have not yet satisfied the medical use of the cannabis plant and its medicinal form in practice. Furthermore, a human rights perspective arguably sheds light on how detrimental these limited medical laws may be on individuals who desire to exercise their fundamental right to health. The research presented further refers to both the medicinal cannabis (chemically-synthesized products) and the cannabis plant used for medical purposes, as well as, the pharmaceutical drugs prescribed for the same illnesses. The results indicate that while medicinal cannabis may be a healthier alternative form of treatment when compared to the medical plant, prescribed pharmaceuticals have revealed to be generally more damaging. Further investigation on the lack of legal acknowledgement towards the medical properties of the cannabis plant is conducted and the reasons as to why the Maltese legislator has fought shy of its legislative recognition and incorporation. This is particularly so in the light of the recent rejection of the proposed Bill of 20142 catering for both medical and medicinal cannabis. The findings display that although awareness of the medical properties of the plant is lacking nationally, the research concludes that a global demand is present amongst suffering patients. However, the groundswell of previous classification and beliefs on the cannabis plant may pose as a hindrance in confiding in the medical properties of the long condemned plant. Nonetheless, the efficacy of substance and its rewarding results have been acknowledged by many foreign jurisdictions, however, it remains yet to be recognized amongst the Maltese legislator and population.