All complaints about cannabis odours in private spaces will be handled directly by enforcement inspectors from the Authority for the Responsible Use of Cannabis (ARUC), according to recently introduced legal amendments.
Complaints in public spaces will remain within the realm of the police.
ARUC Head Joey Reno Vella and Parliamentary Secretary for Reforms and Equality Rebecca Buttigieg explained the legislative amendments in greater detail.
A freephone line (80002088) for such complaints was also launched a week and a half ago, and ARUC has already received 10 complaints, whereby the authority took action by inviting those involved to come forward and address the inconvenience caused to neighbours and third parties, with several individuals already responding and cooperating.
In a press briefing on Monday, Buttigieg and Vella explained in further detail the amendments which were unanimously passed in Parliament last month, which granted the authority powers to carry out enforcement, beyond what it already does within its own Cannabis Harm-Reduction Associations.
"We are not here to criminalise, but to educate and encourage responsibility towards neighbours and the community. The right for responsible use will remain, but no one has the right to cause inconvenience to others," Vella said.
Vella and Buttigieg said that the legislative changes aim to strengthen the 2021 law that introduced the controlled, regulated, non-criminalised use of cannabis for adults within defined legal parameters. That reform created ARUC as the regulator and allowed the formation of cannabis associations to provide a safe and legal means for members to obtain cannabis for personal use, capped at 50 grams per person.
"The reform was never about legalising or promoting the use of cannabis. Cannabis remains illegal except within the framework of this law. It is about harm reduction. The law is dynamic and alive, and these amendments are intended to strengthen it where necessary," Buttigieg said.
One key amendment significantly increases penalties for associations that breach the law, for example, by allowing minors onto their premises, with fines rising tenfold from €1,000 to €10,000. No tourist can join an association, and the law continues to prohibit public consumption of cannabis.
Buttigieg and Vella said that while the right to cultivate cannabis at home remains, users must ensure that odours do not disturb neighbours.
"We're obliging those who grow plants at home to take measures, such as installing carbon filters or ventilation systems, to contain smells within their property," Vella said.
Similarly, he said that associations operating from Class 5 or 7 premises are required to install air filtering systems to avoid causing a nuisance.
ARUC inspectors will visit the site and enter the complainant's residence to conduct an investigation and confirm whether there are indeed cannabis odours.
If complaints of odours causing a nuisance to neighbours persist despite initial amicable communications from ARUC to remedy the situation, Vella said that the authority may, after an investigation, file administrative procedures on the individual - not criminal - in front of the Commissioner for Justice, and the person may be subject to a €235 administrative fine if found guilty.
Vella noted that while there are no scientific instruments to measure cannabis odour levels, inspectors will rely on sworn testimony and their expertise. He said that these would be the same inspectors who would be around cannabis odours frequently when inspecting the associations.
For ARUC to take action on complaints, the precise address information must be provided, and this information cannot be given anonymously. ARUC will then contact the individual allegedly breaking the law to seek remedies.
The freephone also provides educational information and offers solutions that provide friendly and practical remedies to eliminate the nuisance.
"We are committed to addressing these complaints seriously, and we expect cooperation from the public," he added.
The amendments also clarify the definition of cannabis in law, clearly distinguishing between non-psychoactive substances like CBD, which is not classified as narcotics, and psychoactive cannabinoids, both semi-synthetic and synthetic, which have become prohibited for sale. The minister responsible will have the power to schedule new substances as needed, Vella said.
The changes extend ARUC's enforcement remit beyond associations, including action against unlicensed sales of synthetic substances from commercial shops around the island. Meetings have already been held with organisations such as Caritas and OASI to explain the new provisions.
Vella and Buttigieg said that the amendments are not meant to criminalise responsible users but to ensure that cannabis consumption does not inconvenience third parties.
"We will not shy away from addressing challenges head-on to strike the right balance between people's rights and community well-being," Buttigieg said.
So far, 19 cannabis associations have an operational license, of which 13 have begun distribution. Buttigieg said that over the past two years, there are now 3,000 registered members of an association, which showed the need for this law to begin with.
Vella said that the average age of members in the associations is around 30. He said that ARUC's enforcement role does not include promoting cannabis use, and THC content in products must not exceed 18% for members of 18 to 21 years of age.
The amendments also reaffirmed in law that associations licensed by ARUC cannot be located within 250 metres of sports facilities, in addition to schools and youth centres.
Vella also confirmed that the list of registered members of an association will not be shared with anyone - not even ARUC - unless there is a serious criminal investigation, to protect individual's data.
Illicit activity within an association - which Vella confirmed there was no serious breaches, only correctional measures - such as granting an amount of a generated surplus to one individual for their work, is prohibited and the fine has risen from €10,000 to €50,000, or double the value of the proceeds resulting from the offence, and will be brought before the Courts. They may have the chance to pay a compromise fine to avoid court proceedings.
Buttigieg said that the government is not looking at establishing commercial social club models, "nonetheless the ARUC is exploring the idea of introducing onsite consumption within such licensed associations that would offer a safe space for registered members electing to consume cannabis within the same associations."