A man charged with trying to sell cannabis in an area frequented by youths has been granted bail at the second time of asking.

Anees Badroush, 33, was provisionally allowed out of custody by a court on Tuesday while he undergoes criminal proceedings for drug trafficking.

He secured bail during a hearing in which his defence lawyer highlighted the anomalous situation in which legislators had left cannabis users.

Cannabis was decriminalised for personal use in late 2021, with a promise to establish regulated cannabis associations where users could legally purchase the drug. But almost two years on, not a single such association has been granted a licence. That means that users must either grow the cannabis plant themselves, or else obtain the drug on the black market.

Defence lawyer Franco Debono argued that the situation meant cannabis users had no legitimate means of acquiring the drug.

The state, he said, had put the cart before the horse. It should have first licenced legitimate outlets that could sell the drug, and then legalised personal possession, or at the very least ensured both things happened at the same time.

The anomaly led to criminal cases like that of his client, he argued.

Badroush, a Libyan national who lives in Zabbar, was hauled to court after police caught him with 8.89 grams of cannabis close to the Triton fountain at the entrance to Valletta.

Police said they caught him in circumstances denoting the drug was not for his personal use, and pressed trafficking charges against him. They also accused him of breaching the conditions imposed on him by a different court for an unrelated case dating back to January 2020.

On Tuesday, a court heard that two police officers had spotted Badroush at the Valletta bus terminus. He was being stopped by various people, seen making suspicious movements and receiving money.

When a police officer passed by, he stopped making those movements, only to resume after officers left the scene.

Police officers then stopped and searched him, and caught him with cannabis and money in his wallet.

Badroush had initially requested bail during his arraignment last week, but that request was derailed when it turned out that his girlfriend, who was willing to host him, was seated in court throughout the hearing.

According to the law, witnesses in a case are not permitted in the courtroom save for the moment when they are testifying.

That slip-up cost her a dressing down by magistrate Yana Micallef Stafrace and a €700 fine for contempt of court.

On Tuesday, the girlfriend confirmed under oath that Badroush would be living with her, and the court granted the accused bail, on the condition that he does not go to Valletta.

Badroush must also pay a deposit of €2,500 and a personal guarantee of €6,000. 

Franco Debono and Francesca Zarb assisted the defendant.

The case continues.