Back in 2022 and following the traumatic arrest of Andrew Agius and his employees, ReLeaf Malta opened a parliamentary petition urging legislators to discuss the status of cannabidiol [CBD].
This was just a few weeks after the legal amendments decriminalising personal possession and change in the definition of the word ‘cannabis’ (previously listed as Indian Hemp). Agius had his assets frozen, and his life and that of this family put on hold for the sole crime of importing CBD flowers with a THC percentage of less than 0.2%.
It remains baffling to observe how a reputable doctor with a specialisation in chronic pain and cannabis was quickly paraded to court whereas shady business owners importing large amounts of semi-synthetic and synthetic products such as HHC continued to proliferate and flourish.
The increased availability and health problems related to New Psychoactive Substances such as these synthetic cannabinoids [HHC, TCH-P, TCH-H among numerous others] have been frequently flagged across the EU.
In June this year, at the Mary Jane Fair, in Berlin more than 20 people required medical treatment due to the ingestion of synthetic cannabinoids. Furthermore, the European Drugs Agency [former European Monitoring Centre for Drugs and Drug Addiction] has written extensive overviews on the risks posed by these products. Risks are heightened for minors since these products have attractive packaging and come in various forms such as sweets and disposable vapes.
Furthermore, there are no restrictions or oversight of who is accessing these products and how they are being consumed. ReLeaf Malta remains shocked that products with clear misleading labels and others which pose as ‘cannabis’ but, in reality, are providing a synthetic cannabinoid have not yet been recalled from the market or stopped upon importation.
ReLeaf Malta had welcomed the initiative by Leonid Mckay to launch a multidisciplinary committee to discuss how to address this emerging phenomenon.
But we are now in mid-2024 and no concrete information about the discussions have been made public. In the meantime, these products continue to be found in various forms across the island.
Who is benefitting from this conundrum?
To shed light on this, it is important to look back to 2021 and therefore when the government’s legal team was putting together our own national amendments to the Dangerous Drugs Ordinance Act. Discussions held with us and other experts in the field always revolved around the importance of separating THC from cannabidiol (CBD), the latter a naturally occurring cannabinoid in the cannabis plant. CBD has no psychoactive effects and was recognised by the World Health Organisation as distinct from THC.
CBD should no longer be treated as a narcotic and a prohibited substance.
However instead of listing CBD with less than 0.2% THC to be permissible, the word ‘cannabidiol’ was changed with the word ‘cannabinoid products’.
This opened a Pandora’s box and invited shady businesses and importers to freely, and with no monitoring or controls, start importing, distributing and heavily advertising these risky and dangerous synthetic products.
Business owners importing large amounts of semi-synthetic and synthetic products continued to proliferate- Andrew Bonello
Many of these products have stronger and much longer-lasting effects than regular THC and are being advertised to young people and tourists alike.
ReLeaf Malta has on numerous occasions posed these questions: Why were the words ‘cannabidiol with less than 0.2% THC’ replaced with the words ‘cannabinoid products with less than 0.2% THC’?
Who are these seemingly very powerful and well-connected ‘businessmen’ benefitting from a ‘play on words’, to make a profit?
What is the validity of restricting visibility and marketing for CHRA’s licensed by the ARUC when the dodgy synthetic market is allowed to freely advertise, brand their so-called products with the Maltese cross and deliver to your door?
Why is the attorney general still pursuing its cases against persons who tried to acquire or distribute CBD with less than 0.2% THC? Why has the attorney general targeted only a reputable doctor and not other places providing also flower-based products?
What is holding back the superintendent for public health from ordering an urgent recall and removal of these synthetic products from grocery store shelves, vending machines and fake cannabis stores?
ReLeaf Malta has written to the superintendent and the police force but, unfortunately, after repeated reminders, we are still waiting for a reply. Disappointingly, this unsustainable situation is making a mockery of the public consultations held in 2021 and its protagonists, that is, people who use cannabis.
Without a clear revision of the CBD-cannabinoid conundrum and an immediate drop in charges levied against people importing natural cannabis with less than 0.2% THC, Maltese legislation is creating unnecessary harm, advancing a culture of non-accountability, non-responsibility with double and skewed standards.
Andrew Bonello is president of ReLeaf Malta.