People caught growing small amounts of cannabis for exclusive personal use should not be prosecuted as traffickers, says criminal lawyer Franco Debono.

The MP, who is calling for an overhaul of the court’s approach to drugs, supports the Nationalist Party’s stand against decriminalisation and legalisation.

But Dr Debono, a long-time campaigner for justice reform, thinks some aspects, mostly procedural, need to change.

As the law stands, people caught cultivating cannabis, even in small amounts, are automatically charged with trafficking, which means a mandatory minimum jail term of at least six months.

This sparked controversy last month when Daniel Holmes was sentenced to almost 11 years after being caught with two plants.

A demonstration today for the decriminalisation and legalisation of cannabis is spearheaded by David Caruana, also facing trafficking charges after he was caught cultivating the plant for personal consumption.

While keeping clear from the debate on decriminalisation, Dr Debono says the laws on drugs need rethinking.

Drugs are regulated through two separate laws. One is the Medical and Kindred Professions Ordinance, which deals with drugs like ecstasy and LSD. The other is the Dangerous Drugs Ordinance that covers cocaine, heroin and cannabis.

“We need to harmonise, consolidate and rationalise these two separate laws into one streamlined law,” Dr Debono says. “A board should be set up to review the international and EU market every six months to ensure new designer drugs are legislated against in a proactive rather than reactive manner.”

Constantly reviewing the law would ensure that the system is strengthened and gaps are filled, while keeping the system up-to-date, he argues. The laws, he adds, are somewhat out of date and some parts have not been reviewed since 1931.

Dr Debono also believes there should be a Drugs Court, equipped with social workers and probation officers, to ensure that cases are dealt with sensitively, allowing for formal warnings in some cases, rather than prison sentences.

He believes the biggest problem is the unfettered discretion with which the Attorney General decides whether cases are heard by a magistrate or a jury.

In the Magistrates’ Court, trafficking and possession with intent to traffic results in six months to 10 years jail.

In a trial by jury, the offender faces four years to life imprisonment.

According to a Bill recently proposed by Justice Minister Carm Mifsud Bonnici, the Attorney General will also have the discretion to decide whether offenders are arraigned or given a formal warning, Dr Debono notes.

While he agrees with some latitude of discretion, Dr Debono says the Attorney General should always explain the reasons for his “quasi-judiciary” decisions. It would also enable people to challenge the Attorney General’s decisions in court, ensuring there is no discrimination.

Dr Debono says the proposed changes might look good at face value but would leave “much to be desired in a modern legal system”.

He has filed a motion for justice reform, which still has to be debated in Parliament.