Comparing and analysing various legalisation relating to medical cannabis

Abstract

This dissertation is about the legislation relating to medical cannabis, which passed through Parliament in November 2018. This dissertation analyses for the first time the Production of Cannabis for Medicinal and Research Purposes Act promulgated in Malta. The author will delve into the parliamentary debates held on the subject and will analyse the train of thought and reasoning throughout the debates, while pointing out aspects that may, in the opinion of the author, have been delved into deeper in order to protect the Maltese citizens. An analysis on the Medicines Act and the Drug Ordinance Act is also carried out, given the fact that prior to the Production of Cannabis for Medicinal and Research Purposes Act, cannabis in any form was a criminal act and sanctioned accordingly. This is no longer the case, however the analysis of these acts is important in order to understand the train of thought of the legislator when drafting the said acts. The author will delve into the social impact of medical cannabis and the frame of mind the Maltese community has on the subject. An argument which has been very prominent throughout the parliamentary debates, is that the Production of Cannabis for Medicinal and Research Purposes Act is paving the way in order to legalise recreational cannabis. This dissertation will delve into what the Parliamentary Secretariat for Equality and Reforms has recently publicly commented on through the publication of a video whereby she states that recreational cannabis is not yet legalised. This may, in the opinion of the author, create more harm than good and confirm the rumours that medical cannabis has in fact been legalised to pave the way for recreational cannabis. The Maltese legislation on medical cannabis will be compared with foreign legislations, specifically a comparison will take place between the legislations of both Florida and California. Through this comparison the author will conclude the dissertation with proposing amendments for the current Maltese act and provide a possible way forward accordingly.