Pubdate: Thu, 31 Jan 2013
Source: Independent (Malta)
Copyright: 2013, Standard Publications Ltd


David Caruana, 30 of Mellie a, started constitutional proceedings
arguing that although he was cultivating two cannabis plants for his
personal use, he may be handed a sentence equivalent to what an
accused would get if he grew the plant for trafficking.

Caruana has been arraigned in the magistrates' court and charged with
growing cannabis. He is asking the constitutional court to declare
that Maltese legislation is in breach of the European convention on
human rights, and to ensure that his rights are protected.

Dr Jose Herrera, for Caruana, argued that although he had two plants
for his personal use, he is facing the possibility of being found
guilty of trafficking, which "does not make sense".

Caruana said that the evidence in his case is clear that the amount of
cannabis he cultivated was too small and meant for his personal use.
But the sentencing for trafficking is such that he may be condemned to
10 years in jail, which would be a serious injustice.
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