Cannabis law shake-up could see associations face magistrates, not tribunals

Offences committed by cannabis associations will be heard in front of a magistrate rather than a tribunal, according to proposed amendments to the cannabis law.

On Monday, junior minister Rebecca Buttigieg outlined several legislative changes during the second reading of an amendment bill that aims to strengthen enforcement and address legal ambiguities.

“We are tackling abuses and, from day one, we have always had the same goal: To reduce harm,” said Buttigieg.

One of the key proposed changes would mean that, if a cannabis association broke the law, it would be brought before a magistrate, as opposed to a Commissioner of Justice tribunal, as is currently the case. This measure would not apply to individual users.

Buttigieg also stressed the need for clearer legal definitions.

“We aim to eliminate the ambiguity in the current law,” she said, proposing that Malta’s legal definition of cannabis should include THC and CBD.

She added that the new definition would seek to block synthetic or semi-synthetic cannabinoids from entering the market, citing previous issues with HHC.

To allow flexibility in reacting to new substances, the bill would give the minister responsible the power to update the legal definition if the Authority for the Responsible Use of Cannabis (ARUC) flags a new synthetic or semi-synthetic compound.

“ARUC would be a one-stop shop for the enforcement of cannabis,” said Buttigieg. She explained that, while the authority currently only oversaw associations, the amendment would expand its role to general cannabis oversight, excluding medical use.

This would include enforcement against commercial shops advertising cannabis without being licensed associations.

“These commercial shops go against the spirit of the law,” she said.

Further proposals include placing restrictions on where associations can operate. They would not be allowed to operate within 250 metres of schools, sports facilities, or youth centres. Additionally, if a person under the age of 18 is found inside an association, the organisation could be fined up to €10,000.

Nationalist Party MP Graziella Attard Previ also spoke in parliament on Tuesday, voicing support for the proposed improvements to enforcement. However, she criticised the way the original law was introduced.

“The first law was passed too fast with very little knowledge by the people involved in drafting the law,” she said. “Now the government is trying to address abuses and difficulties created by the law itself.”

She reaffirmed that the Nationalist Party remained consistent in its stance against drug use and abuse and was committed to harm reduction and supporting victims.

Attard Previ also pointed out that two years ago, the opposition had already raised the issue that offences committed by the associations should be heard in court, not in tribunals. She was also critical of the government's lack of enforcement, noting, 'Harm reduction, as the government sees it, is failing.'

Malta became the first EU country to legalise recreational cannabis use in 2021.

Under current legislation, adults are allowed to possess up to seven grams of cannabis and grow up to four plants at home. Consumption remains limited to private spaces and is prohibited in public or near minors.

Licensed non-profit associations are permitted to cultivate and distribute cannabis to registered members within legal limits.

In October, the Cannabis Authority’s CEO announced plans to explore designated public consumption zones and broaden product availability through associations, in an effort to counteract the black market.