The Malta Independent 12 July 2025, Saturday
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Balancing freedom and responsibility: Evolving Malta’s cannabis laws

Sunday, 22 June 2025, 08:49 Last update: about 23 days ago

Joey Reno Vella

Malta's 2021 cannabis reform marked a progressive shift in national drug policy. For the first time, the law recognised that responsible adult cannabis use should not be criminalised, while introducing a regulated model based on harm reduction. But reform is not a one-time act. It is a process. It must adapt, mature, and respond to how the framework operates in real life. That is exactly what the latest round of legislative amendments seeks to do: to refine and reinforce the reform, ensuring that it remains effective, fair, and grounded in reality.

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The government has remained committed to observing and listening. Through public feedback, inter-agency consultation, and monitoring of enforcement challenges, it became clear that certain clarifications were needed. One such clarification concerns cannabis consumption in private spaces. Malta is a small, densely populated country. Even legal activities must respect the basic principle that one's enjoyment of their home should not unreasonably disturb others.

In this context, we introduced a straightforward concept: emissions from cannabis consumption or cultivation must not cause a nuisance to neighbours. This principle, far from being radical, is consistent with longstanding legal norms that qualify the right to use private property. Requiring home growers to take reasonable measures, such as installing carbon filters, is a practical solution that strikes a fair balance between personal freedom and the rights of others to enjoy their homes in peace.

This approach also responds to repeated complaints received by the Authority for the Responsible Use of Cannabis (ARUC), which has now launched a dedicated freephone (80002088) to facilitate education, dialogue, and - when needed - a graduated enforcement process. The aim is not to punish, but to promote responsible behaviour and resolve issues amicably. Only in cases of persistent breach will formal procedures follow.

Another core area of reform is the regulation of synthetic and semi-synthetic cannabinoids. While the 2021 framework allowed non-psychoactive CBD products to be placed on the market, ambiguity in the law was exploited by operators who introduced chemically altered products that pose serious health risks. The revised law closes this gap. It explicitly prohibits synthetic cannabinoids, some of which - such as CC9 - have already led to hospital admissions. This reform puts public health first and ensures that our laws are better aligned with both scientific evidence and European legal standards.

The new amendments also strengthen the governance of Cannabis Harm Reduction Associations (CHRAs), which remain essential partners in the implementation of the reform. These associations provide adults with access to cannabis within a regulated, not-for-profit model. The revised law introduces clearer rules on oversight, accountability, and penalties for serious breaches. Importantly, it shifts certain offences to be heard before the Court of Magistrates - a proactive step to ensure that enforcement is effective, fair, and constitutionally sound. This is not a matter of mistrust in CHRAs, but of building a legal framework that is both supportive and robust.

To complement the strengthened legal framework, ARUC is also taking administrative steps to enhance its enforcement capacity, including the recruitment of additional inspectors within its Compliance and Enforcement Unit. This operational investment reflects a clear commitment to ensuring that the reform is not only principled on paper but also effective in practice. Laws alone are not enough - they must be supported by the necessary structures, resources, and institutional will. Responsible governance requires anticipating difficulties and addressing them constructively.

None of this would have been possible without the determined leadership and support of parliamentary secretary Rebecca Buttigieg, whose unwavering commitment to seeing this reform succeed continues to be felt at every stage of its evolution.

The cannabis reform is not static. It is a living project - grounded in responsibility, dignity, and the belief that public health and civil liberties can coexist. These latest amendments represent the next step in ensuring that Malta's cannabis model remains just, realistic, and rooted in the values that shaped the reform from the start.

 

Dr. Joey Reno Vella is executive chairperson of the Authority for the Responsible Use of Cannabis


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