Malta: Cannabis legalization will only allow self-cultivation and Cannabis Clubs

Malta is preparing to legalize cannabis, but without offering a distribution channel. The Maltese government is proposing total decriminalization for adults in possession of 7g or less for personal use, and a procedure before the Justice Commissioner, rather than the criminal court, for those in possession of more than 7g but less than 28g.

The bill also proposes to authorize the cultivation of a maximum of 4 cannabis plants per household and the abolition of cannabis-related criminal records. Non-profit associations will also be able to grow cannabis for distribution to their members.

Minister for Equality, Research and Innovation Owen Bonnici made the announcement at a press conference on Wednesday morning. He insisted that the reforms were not intended to «encourage cannabis cultivation or cannabis consumption», but to reduce the harms of drug networks.

«We want to reduce the suffering, humiliation and deprivation of other rights that many cannabis users have experienced when arrested and prosecuted for possession of small quantities,» said Bonnici.

Regulation of cannabis clubs a gap in the initial proposal presented by the government earlier this year.

The bill was presented for first reading on Monday.

Today I have presented the 1st reading of a bill that will establish a new legal framework governing responsible use of cannabis.

This important reform will keep showing @MaltaGov's unwavering and determined commitment to continue to be at the forefront of progressive change.

-Owen Bonnici (@OwenBonnici) October 4, 2021

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In detail

Malta's cannabis legalization project was unveiled earlier this year and opened for comment. The cannabis reform project attracted over 350 contributions from organizations and individuals when the public consultation closed last May.

1. Possession

• A person over the age of 18 can be in possession of up to 7 grams. Under the new legal framework, this will not be considered an offence; furthermore, a person in possession of cannabis within this limit will not be arrested or have it confiscated, except in cases of reasonable suspicion of trafficking.
• If a person under 18 is found in possession of more than 7 grams of cannabis, he or she will be summoned to court so that a recommended care plan can be put in place.
• According to the legal framework, a maximum of four cannabis plants is allowed per residence, regardless of the number of people living on the property. They must not be visible from other residences.
• Consumption of cannabis in public, unless authorized for medical purposes, is illegal and liable to a fine of 235€.
• Similarly, unauthorized consumption of cannabis in front of minors, whether in public or in private, is illegal and punishable by a fine of €300 to €500.
• Fines for unauthorized use up to 28 grams can be paid online

2. Culture

During cultivation, up to 50 grams of dried cannabis may be kept in a residence. If dried cannabis exceeds 50 grams, the police will seize it and the necessary legal measures will be taken. Uncut cannabis will not be seized if it is within the limit of four plants.

3. Associations

• Associations will be allowed to form for the purpose of growing cannabis for distribution to their members. These associations must be non-profit, and no one under the age of 18 may be a member or be present. No one may be a member of more than one organization.
• A maximum of 7 grams per day can be distributed to each member, with a maximum of 50 grams per month. The organization may also distribute up to 20 cannabis seeds to each member each month. At no time may the organization have more than 500 grams of dried cannabis on its premises.
• The premises managed by these organizations may not be located within 250 meters of a school, club or youth center, and must not bear any signs, words or drawings indicating that cannabis-related activities are taking place there.
• The organization must also ensure that the premises do not harm the locality, and must be registered and licensed by the Authority for the Responsible Use of Cannabis, which must be established within the legal framework.
• They must follow the authority's orders on how much cannabis to shoot, where to dry it and how to transport it. The authority will carry out checks.
• Every three months, organizations must report to the authorities on their activities and the number of their members, without disclosing their names.
• Owners, management and members of organizations must be natural persons only, to the exclusion of legal persons or other legal entities.
• The project proposes to create the Authority for the Responsible Use of Cannabis, which will regulate the sector in such a way that it will also carry out actions to educate, raise awareness and mobilize stakeholders in the sector.