Cannabis legislation and the police and its effects on policing strategies

Abstract

The 2017 electoral manifest opened Pandora’s box on the debate of Cannabis in Malta, a social promise which placed a heavy political burden on the delivery of such a sensitive and complicated matter. A technical group was set up under the Office of the Prime Minister which eventually paved the way for a threefold strategy, first to address the immediate recognition that patients should not in any way be deprived of medicinal cannabis hence legalizing the importation and prescription, the second was to compliment the pharmaceutical industry by including the manufacturing of medicinal cannabis within this industry and third to address the responsible use of cannabis. Obviously, these three strategies have brought about new challenges in traditional law enforcement as they presented the need to align with this obvious ongoing change. This dissertation is aimed at exploring information that will assist the readers in arriving at an informed decision and perhaps enhance their understanding of the subject matter. A brief historical perspective depicts its use and application over time while an emphasis is made on the main differences between medical cannabis, manufacturing the medicine under the pharmaceutical regime, and the responsible use of cannabis. The latter presenting the most challenging change for the Police and the Court, particularly with the publication of the White Paper, which instigated a wider discussion on the aspects of depanelizing, decriminalizing, and legalizing the use, cultivation of or possession of cannabis. Throughout this dissertation reference is made to the “Drug Dependance (Treatment not Imprisonment) Act, an alternative sanction for first-time users that was enacted in 2015 and the subsequent legislation enacted in 2018; “Cannabis for Medical and Research Purposes”. Cannabis has become a national debate with contributions emanating from policymakers, NGO’s and politicians who publicly are voicing their opinions or positions on the way forward. Unfortunately, the White Paper titled “Towards the strengthening of the legal framework on the responsible use of Cannabis” was published just before the completion of this dissertation. Despite this, a chapter has been dedicated to this White Paper, which gives a brief overview of its content and its main objectives. Consequently, the police force will need to address and re-align its new strategies with these new challenges to ascertain that policing meets this new socio-political dimension.