The General
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Malta - The cultivation of drugs for personal use should no longer be considered as drug trafficking, lawyers Franco Debono and Gavin Gulia told MaltaToday. The lawyers have presented two separate Constitutional cases after two men were each charged with drug trafficking after being found in possession of small amounts of cannabis. However under Maltese laws on trafficking, both men face a minimum six-month sentence.
Pointing out that the Charter of Fundamental Rights of the EU makes it clear that 'the severity of penalties must not be disproportionate to the criminal offence,' Gulia said: "The penalty of mandatory imprisonment for cultivation of a very small amount of cannabis is, in my words, obscenely disproportionate to the offence, to put it mildly." Gulia's client, Eugenio Camenzuli, was jailed for six months and fined almost €500 for being in possession of four cannabis saplings, which weighed 0.020 grams.
Although Camenzuli had always had a full-time job, was respected and trusted at his work place and had successfully completed a drug rehabilitation programme, the magistrate had no other option to impose the mandatory six-month sentence. Criminal lawyer Franco Debono explained to MaltaToday that currently, the law makes no distinction between cultivation for personal use and drug trafficking.
"My client is facing a minimum six-month sentence after admitting to cultivating three small plants of cannabis which were clearly intended for personal use," Debono said. Debono's client, Adrian Marmara, who he described as a respected family man, is also facing a six-month term for growing three cannabis plants.
News Moderator - The General @ 420 MAGAZINE ®
Source: Maltatoday.com.mt
Author: Jurgen Balzan
Contact: MaltaToday.com.mt Malta news portal
Website: Lawyers demand changes to obscene drug laws - maltatoday.com.mt
Pointing out that the Charter of Fundamental Rights of the EU makes it clear that 'the severity of penalties must not be disproportionate to the criminal offence,' Gulia said: "The penalty of mandatory imprisonment for cultivation of a very small amount of cannabis is, in my words, obscenely disproportionate to the offence, to put it mildly." Gulia's client, Eugenio Camenzuli, was jailed for six months and fined almost €500 for being in possession of four cannabis saplings, which weighed 0.020 grams.
Although Camenzuli had always had a full-time job, was respected and trusted at his work place and had successfully completed a drug rehabilitation programme, the magistrate had no other option to impose the mandatory six-month sentence. Criminal lawyer Franco Debono explained to MaltaToday that currently, the law makes no distinction between cultivation for personal use and drug trafficking.
"My client is facing a minimum six-month sentence after admitting to cultivating three small plants of cannabis which were clearly intended for personal use," Debono said. Debono's client, Adrian Marmara, who he described as a respected family man, is also facing a six-month term for growing three cannabis plants.
News Moderator - The General @ 420 MAGAZINE ®
Source: Maltatoday.com.mt
Author: Jurgen Balzan
Contact: MaltaToday.com.mt Malta news portal
Website: Lawyers demand changes to obscene drug laws - maltatoday.com.mt
