A new approach to drug abuse introduced on the Maltese Islands. This approach moves to help treat drug abusers rather than to just simply punish them. This is by virtue of the amendments to Chapter 581 of the laws of Malta, namely the Drug Dependence (Treatment not Imprisonment).
It is clear that the salient aim of this legislation is that of treating drug abusers. By beginning a rehabilitation process for persons who suffer from drug dependence. However, treatment and rehabilitation orders do not apply to everyone. Such order only applies to those persons who are in possession of small quantities of prohibited drugs and who make use of these illegal substances for their own personal use only.
For the Maltese Court to initiate the treatment and rehabilitation order the following requirements must be taken into consideration:
1. the amounts of drugs in possession of, as the law provides a limit of:
- Heroin and cocaine: less than 100 grams
- Cannabis: less than 300 grams
- Ecstasy: less than 300 tablets
- LSD: less than 300 squares
- Amphetamine: less than 300 grams
- Ketamine: less than 150 grams
2. the drug related crime committed cannot be punishable by a term of more than 7 years.
3. the drug related crime cannot be a wilful offence against the person or o of arms proper or with the use of fire or explosives;
4. the drug abuser is dependent on the drugs; and
5. objective reasons which show the accused’s willingness to free himself of drug dependence.
