Distinguishing between the cultivation of cannabis for trafficking purposes and personal use

Abstract

The scope of this research project is to examine cannabis cultivation, with specific focus on the differences between the cultivation of cannabis for trafficking purposes and personal use. Attention will be given to Maltese jurisprudence to observe the manner in which the courts interpret the respective drug laws, specifically Article 22, (1B) of the Dangerous Drugs Ordinance. Reference will also be made to recent amendments brought by Act I of 2015 the Drug Dependence (Treatment not Imprisonment) Act in order to assess the impact it had on cannabis cultivation; medical use will be discussed as cultivation for medical purposes is contemplated as a possible method of acquiring medical cannabis. The Maltese drug laws incorporate a wide range of offences without acknowledging the dissimilitude that exists between similar yet distinct activities; a case in point being cultivation for one’s exclusive use, which should be different from trafficking offences; especially in relation to punishment. A comparative analysis of select signatory countries of the 1988 UN Drugs Convention will be undertaken in order to examine their approach towards cannabis cultivation from various aspects, including; cultivation for personal use, trafficking and medical use. This comparative exercise will be done to select legal concepts which might be used as a model in the development of Maltese Drug Laws. A possible solution will be suggested in order to rectify the negative implications arising from the wide definitions currently incorporated within Maltese drug laws and the absence of guidelines to the Judiciary in dealing with cannabis cultivation. This will be done through the proposal of amendments in relation to cannabis cultivation for personal use, medical use and the adoption of sentencing guidelines to help the Judiciary in making a distinction between different activities when considering punishment.