Is Malta killing its legalization of cannabis?

In December 2021, Malta became the first country in the European Union to legalize the personal use, cultivation and non-commercial distribution of cannabis. Less than three years later, this progressive framework is facing what many see as a slow but sure dismantling.

On May 16, the Maltese Parliament unanimously adopted the bill 128. Despite limited public debate, this bill introduces drastic restrictions on cannabis consumers and «cannabis harm reduction associations», or CHRAs, which were at the heart of the original reform, raising a crucial question: is Malta going back on cannabis legalization under the guise of regulation?

Crackdown on cannabis clubs and consumers

Bill 128 changes go far beyond minor adjustments. Among the most controversial measures is the abolition of the’anonymity of cannabis club members.

CHRAs are now required to keep detailed records of all their members, including their personal details. While the government claims that this data cannot be accessed by outside entities or used as evidence in court, except in criminal investigations, activists see this as a betrayal of promises made in 2021.

These concerns reflect a deeper worry: that the’Authority for the responsible use of cannabis (CURA), founded to promote the principles of harm reduction, is now taking a repressive turn. Equipped with new, expanded powers, the CURA can now initiate legal proceedings, carry out inspections and impose fines - all tools that reinforce its posture of control rather than prevention.

Odour offences and public consumption: a legal minefield

Another central point of contention is the introduction of’fines for cannabis odors. Citizens who emit a «strong odor» of cannabis in the public space can now face administrative penalties ranging from €50 to €100. Even private consumers can be fined up to 235€ if the smell escapes from their home and causes a nuisance.

Joey Reno Vella, Vella, executive president of the CURA, defended the rule, citing «multiple complaints» from neighbors about people «smoking on their balconies» or growing cannabis plants in their homes. «The right to consume cannabis in your private residence will remain unchanged,» Mr. Vella told the Times of Malta, But you can't exercise this right by causing a nuisance to others.

Critics believe that this measure is both difficult to apply and discriminatory. As pointed out in an opinion piece published in Lovin Malta, However, this regulation disproportionately affects people living in apartment blocks or small shared spaces. People with more spacious single-family homes are much less likely to be affected by this type of complaint, installing a social inequality in the application of the law.

Legal uncertainty and a return to the courts

The most revealing sign of this regression is perhaps the return of all cannabis-related offences to the court of first instance, which removes the possibility of dealing with minor offences by means of administrative fines.

This change marks a recriminalization of behavior that had been decriminalized, thus nullifying one of the main advances of the reform: freeing up law enforcement so that it can concentrate on the task at hand. organized crime rather than personal consumption.

This measure is in direct contradiction with the principles set out by the CURA, which include the following «legal and social risk reduction» for consumers and «We're committed to »fighting stigma and discrimination".

The cumulative effect of these changes is more than just a tightening of regulations; it suggests a philosophical shift a departure from the harm reduction approach that had once positioned Malta as a pioneer in the field. european cannabis policy.

As the advocates of reform have warned, the country now finds itself at a crossroads. Either it reaffirms its commitment to a people-centered approach to cannabis regulation, Either he continues down a path that could reduce the legalization of cannabis to a mere symbol.