Cannabis law and regulations

Cannabis Legislation in Malta

Cannabis in Malta has seen significant legal developments in recent years, with evolving legislation surrounding its cultivation, use, and possession.

Decriminalisation & Legalisation

In 2018, the Maltese Parliament legalised medical cannabis. Then, on 14 December 2021, Malta became the first EU country to decriminalise recreational cannabis for personal use and possession for individuals aged 18 and over. This legislation marked a pivotal shift in cannabis policy, allowing adults to legally cultivate, possess, and consume cannabis under regulated conditions.

Guerrilla Gardening

In 2014, cannabis saplings were unexpectedly found growing in public spaces such as roundabouts and central strips in Gozo and Zebbug, drawing attention to cannabis cultivation in urban areas.

2015 Policy Changes

In April 2015, Malta introduced policy reforms aimed at decriminalising cannabis use. While simple possession remained an arrestable offence, possession of small amounts for personal consumption (up to 3.5g) was effectively decriminalised. First-time offenders faced fines between €50 and €100, while repeat offenders were required to attend a Drug Offenders Rehabilitation Board. For non-violent cases, Magistrates' Courts could refer offenders to treatment programs.

Medical Cannabis

In 2015, Malta approved Sativex for prescription use, though no patients had been treated with it by July 2017. However, in March 2018, legislation was passed to allow medical cannabis prescriptions, although specific conditions for its use were not outlined.

Recreational Cannabis - Regulated by ARUC (Authority for Responsible Use of Cannabis)

On 18 February 2021, Prime Minister Robert Abela announced the government's intention to legalise small amounts of cannabis for personal use. This was formalised on 14 December 2021, when Malta legalised recreational cannabis for adults aged 18 and above.

Key provisions of the law include:

• Adults can possess up to 7g of cannabis and cultivate up to four plants at home.
• Cannabis Social Clubs can be formed, allowing the cultivation and distribution of cannabis to members (up to 7g per day and 50g per month).
• Only residents of Malta, including both Maltese citizens and foreigners with a valid residence card, can join these clubs.
• Public smoking of cannabis remains prohibited.
• Possession of up to 28g can result in a fine (between €50 and €100), but will not result in a criminal record.
• Clubs can serve up to 500 members, and cultivation is regulated under specific licensing conditions.
• The clubs must also operate at a safe distance from schools and youth clubs.

The law was officially enacted with the signature of President George Vella on 18 December 2021, marking the beginning of a new era for cannabis use in Malta. A new regulatory body, the Authority for the Responsible Use of Cannabis (ARUC), was established to enforce the legal framework and ensure the safe and responsible use of cannabis.