Malta publishes new «refined» rules for Cannabis Clubs

The Maltese Authority for the Responsible Use of Cannabis (CURA) has updated its regulatory framework for cannabis for adult use in response to the many criticisms voiced by various stakeholders.

At a press conference in mid-May, Rebecca Buttigieg, Malta's Parliamentary Secretary for Reform, and Leonid McKay, Director of the CURA, presented the new «refined» set of rules, designed to answer a number of questions as part of an ongoing «stakeholder consultation process».

The two also revealed that 7 cannabis association applications had been filed and 11 association names had been reserved, suggesting that more applications are on the way.

While stakeholders have praised the CURA for remaining flexible and taking on board comments on certain issues, they say that many «grassroots community members and traditional farmers feel it is virtually impossible» to create associations.

Refined« regulations»

Following the press conference on Thursday May 18, the CURA published its updated regulatory framework on May 23.

In April, we reported that many local players complained that the CURA had «shot itself in the foot» and that «barriers to entry were too high».

One of the main concerns of future owners of the Cannabis Harm Reduction Association (CHRA) was the format of the application procedure, which stipulated that all documents had to be submitted at the same time as the application. This meant that applicants had to secure a right of access to the chosen property for the duration of the application procedure, in order to be able to provide the necessary documents.

The CURA has now modified this requirement «to allow potential associations to adopt a modular approach throughout the application process».

The cannabis transport between the place of cultivation and the place of sale was previously only allowed to people with ADR certification, the same license required for transporting toxic, radioactive and explosive substances. This led Andrew Bonello, President of ReLeaf Malta, to declare that the CURA treated cannabis «like plutonium».

The newly amended rules will enable the CURA to issue its own certifications, «which meet all the criteria required to ensure that cannabis is transported safely».

This includes ensuring that transport takes place only at night, that cannabis is moved only in sealed containers inside a safe, and that the vehicle is temperature-controlled, locked and tracked.

Next comes waste management. Initially, the CURA stipulated that waste had to be incinerated in a licensed landfill, which aroused strong opposition from stakeholders due not only to the excessive financial burden, but also to environmental considerations.

Associations will now be able to simply compost their waste, but this will have to be done in a closed container; the compost will have to be used as a nutrient for the associations« own growing operations; and a detailed written record of »all stages of the waste composting procedure" will have to be kept.

Finally, the tests, which require associations to «test [their] cannabis at ten times the level of medical cannabis», are expected to cost «thousands and thousands» each month just to determine product quality. In addition, there would be only two testing machines on the island, with the obligation to record levels of at least nine cannabinoids.

Although the CURA stated that the «testing regime is maintained in its entirety», it specified that «the frequency and modalities of testing have been refined to address the risk of each specific element of the testing criteria».

Profile testing phytocannabinoids will finally be carried out «periodically», rather than with each batch, but tests for bacteria, yeast, mold and humidity will still have to be carried out by the association «before the release of each batch».

«We expected more applications by now».»

While some welcomed the CURA's willingness to respond to comments and modify regulations to address stakeholder concerns, Mr. Bonello suggested that there was still a long way to go.

While it's positive to see that totally unnecessary costs have been reviewed, the overall effectiveness of the «refined» regulations remains to be seen.

«A large number of communities and former growers are still unable to set up an association. One wonders how the objectives of combating the illicit market and achieving social justice can be achieved when the needs of those who fought for this reform are ignored».

Mr. McKay and Ms. Buttigieg, for their part, said they felt the «process was going very well» and that the feedback they had received from the founders had been positive so far.

In addition, the Parliamentary Secretary for Reform suggested that Malta would soon be meeting other countries interested in replicating its model.

The duo also stated that, of the seven associations that applied, a mix of growing practices coexist between indoor and outdoor growing methods, while the majority had between 100 and 150 members.

However, given that the CURA was created over six months ago, Mr. Bonello said that «we would expect not only that there would be many more applicants, but also that many of them would already be operational».

«However, we hope that the fundamental principles of reform will be respected, acting in the best interests of the community and genuinely focusing efforts on social justice and human rights.» he added.