Cannabis in Malta

Last updated October 19, 2023

Cannabis in Malta is legal, within limits, to grow, use, and possess for adults. In 2018, the Parliament of Malta legalised medical cannabis. On 14 December 2021, the Parliament of Malta legalised recreational cannabis for personal possession and use for those aged 18-years-old and over, becoming the first EU country to do so.^[1]^[2]^[3]^[4]

Guerrilla gardening

In 2014 news media reported that cannabis saplings were appearing in roundabouts and centre strips in Gozo and Zebbug.^[5]

2015

In April 2015, new policies to decriminalise cannabis in Malta came into force. Simple possession still remained an "arrestable offense", so that the police remained able to fight drug trafficking. The possession of a minimal amount of drugs (3.5g; ⅛ oz) for personal consumption was effectively decriminalised. First-time offenders will be handed fines of between €50 and €100 in the case of cannabis possession. Repeat offenders will appear before a Drug Offenders Rehabilitation Board, headed by retired Chief of Justice, which will set conditions for rehabilitation. Breaching the conditions would be tantamount to a criminal offense. The Magistrates Court - in cases not involving the use of weapons or violence - would be able to act as a Drugs Court and refer the accused for treatment to the rehabilitation board.^[6]^[7]

Medical cannabis

Sativex was approved for prescription use in 2015. As of July 2017, however, no patients have been treated with it.^[8]

In March 2018, the Maltese president signed into law legislation approving medical cannabis with a prescription, though the legislation did not detail which specific conditions would merit the use of cannabis.^[9]^[10]

Recreational cannabis

On 18 February 2021, Prime Minister Robert Abela announced plans to introduce a law that would legalise possession of a small amount of cannabis and plants for personal use.^[11]

On 14 December 2021, recreational cannabis cultivation and use was legalised for those aged 18-years-old and above.^[3]^[4] In Malta, it is now legal to carry up to 7g (¼ oz) cannabis, each household may grow up to 4 plants and up to 50g (1¾ oz) of dried and stored cannabis.^[4] It is also legal to establish cannabis associations, known as Cannabis Social Clubs, which can cultivate cannabis to distribute among members, up to a maximum of 7g (¼ oz) per day and 50g (1¾ oz) per month. Non-profit organisations are also allowed to grow cannabis in Malta to sell to up to 500 members in the country but are not allowed near schools or youth clubs.^[3] Smoking in public remains banned.^[12] Possessing up to 28 grams (1 oz) can result in a fine of between €50 and a maximum of €100 but will not result in a criminal record.^[4]

The law came into force with the signature of President George Vella on 18 December 2021.^[13]The Authority on the Responsible Use of Cannabis, a new public body in Malta, oversees the new law regarding legal cannabis.^[3]

Related Research Articles

<span class="mw-page-title-main">Legality of cannabis</span> Where cannabis is and is not legal

The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Since its descheduling in 2020, cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse.

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

The use of cannabis in New Zealand is regulated by the Misuse of Drugs Act 1975, which makes unauthorised possession of any amount of cannabis a crime. Cannabis is the fourth-most widely used recreational drug in New Zealand, after caffeine, alcohol and tobacco, and the most widely used illicit drug. In 2001 a household survey revealed that 13.4% of New Zealanders aged 15–64 used cannabis. This ranked as the ninth-highest cannabis consumption level in the world.

Cannabis in Switzerland is illegal, though minor possession was decriminalised to a fine in 2012. Several cantons began to allow adults to cultivate and use cannabis in 2012, but this was struck down by federal courts. In 2016, four cities stated they were looking into establishing pilot cannabis clubs. The number of cannabis users in Switzerland is estimated to be around 500,000 among a population of 8 million.

In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.

In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.

Cannabis in Jamaica is illegal, but possession of small amounts was reduced to a petty offence in 2015. Cannabis is locally known as ganja, and internationally cannabis consumption plays a prominent role in the nation's public image, being tied to cultural touchstones such as Rastafari and reggae music. Ganja tourists have been welcomed in the 21st century.

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

Cannabis in South Africa has been decriminalized for personal adult consumption in private by the Constitutional Court of South Africa. However, laws still prohibit its use outside of one's private dwelling as well as the buying and selling of cannabis. Regulations prohibiting the purchase of cannabis-containing products remain in effect, raising questions about the enforceability of the ruling.

Cannabis in Germany is legal for certain limited medical contexts, but illegal for recreational usage, though possession of minor amounts is not always prosecuted. As of 2022, approximately 4 million adults in Germany use cannabis.

Cannabis in Ireland is illegal for recreational purposes. Use for medical purposes requires case-by-case approval by the Minister for Health. A bill to legalise medical uses of cannabis passed second reading in Dáil Éireann in December 2016, but was rejected by the Oireachtas Health Committee in 2017.

Cannabis is one of the most popular controlled substances for cultivation and consumption within the country of Belgium. Following global trends, cannabis consumption rates in Belgium have been steadily increasing across the country since the 20th century, and cannabis cultivation continues to expand rapidly on a national scale. Despite significant legal rework of cannabis-related laws since 2010, certain elements of the consumption and cultivation of cannabis are considered to exist within a “legal grey area” of Belgian law. Cannabis is technically illegal in Belgium, but personal possession has been decriminalised since 2003; adults over the age of 18 are allowed to possess up to 3 grams. The legal effort to restrict cultivation and growth has gradually subsided, resulting in an increase of the growth and consumption of cannabis and cannabis-related products.

Cannabis in Cyprus is illegal for recreational use but legal for medical use.

Cannabis in Greece is illegal for recreational purposes. In 2017, the Greek government legalized the use of cannabis for medical purposes, and a year later, they lifted the ban on growing or producing it. This enables pharmaceutical companies to grow cannabis legally, and industrial hemp suppliers too.

Cannabis in Luxembourg is legal for recreational and medical use for adults under specific circumstances. A bill was passed in the country's parliament June 2023 to legalise the following for adults in Luxembourg: recreational possession, home-use of cannabis, and growing up to four cannabis plants per household. The law took effect on 21 July 2023.

Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.

<span class="mw-page-title-main">Cannabis in the Netherlands</span> Use of cannabis in the Netherlands

Cannabis in the Netherlands is illegal, but is decriminalised for personal use. Recreational consumption of the drug is tolerated, and it is available in coffeeshops.

In Thailand, cannabis, known by the name Ganja was decriminalised on 9 June 2022. Medical use, with patients requiring a prescription, has been made legal since 2018. Since 2022, the Thai Food and Drug Administration officially removed cannabis plant from the Category 5 narcotics list. Possession, cultivation, distribution, consumption, and sales of all cannabis plant parts are legal. Cannabis extracts and cannabis products containing THC more than 0.2% by weight are still categorised as narcotics. Import and export of cannabis are still highly regulated. Recreational use of cannabis products is discouraged but legal. Sales of cannabis plant parts, products, and edibles are prohibited to minors, pregnant women, and breastfeeding women. Cannabis smoke is considered a public nuisance and thus prohibited in public areas.

The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.

References

↑ Bubola, Emma (December 15, 2021). "Malta Becomes First E.U. Country to Legalize Marijuana". The New York Times.
↑ "Cannabis bill approved in parliament, in first for Europe". Times of Malta. 2021-12-14. Retrieved 2021-12-14.
1 2 3 4 "Malta becomes first EU country to legalise cannabis for personal use". Euronews. 14 December 2021. Retrieved 3 February 2023.
1 2 3 4 Boffey, Daniel (13 December 2021). "Malta to legalise cannabis for personal use in European first". The Guardian. Brussels. Retrieved 3 February 2023.
↑ Allied Newspapers Ltd (2014-05-19). "Cannabis saplings in Zebbug roundabout removed". Timesofmalta.com. Retrieved 2017-01-13.
↑ "Simple possession to remain an 'arrestable offence' - but only to fight drug trade – Bonnici". malta independent. 2015-03-17.
↑ "New drugs reform law into force today– what has changed?". MaltaToday.com.mt. 2015-04-15. Retrieved 2022-05-24.
↑ Diacono, Tim (2017-07-19). "Thousands in Malta suffering over extreme restrictions on medical cannabis, says family doctor". Malta Today. Retrieved 2017-12-01.
↑ "Malta legalizes marijuana prescriptions; production law nears approval". MJ Biz Daily. 5 April 2018.
↑ "Malta has officially legalised medical cannabis". Malta Today. 2018-03-27.
↑ "PM plans law banning arrests for cannabis for personal use". Times of Malta. 2021-02-18. Retrieved 2022-05-24.
↑ "Through the smoke: What you need to know about new cannabis rules". Times of Malta. 2021-12-14. Retrieved 2022-05-24.
↑ Jaeger, Kyle (2021-12-18). "Malta Officially Legalizes Marijuana With President's Signature, Becoming First In Europe To End Cannabis Prohibition". Marijuana Moment. Retrieved 2022-05-24.