Malta’s New Cannabis Law Sparks Backlash from Supporters
Malta has passed controversial regulations that impose stricter controls on marijuana users and associations, sparking outrage among supporters and cannabis advocacy groups.
Bill 128: A Sudden Shift in Cannabis Policy
On May 16, Bill 128 passed its third and final reading and was unanimously approved. This legislation introduces several significant changes:
- Cannabis users can now be fined for emitting a strong smell in public.
- All marijuana-related infractions must go through the court system.
- Members of cannabis associations can no longer remain anonymous.
This marks a sharp departure from Malta’s reputation as one of Europe’s most progressive countries on drug reform. The backlash has been swift. Pro-cannabis organizations and media outlets have criticized the move, calling it an unexpected and unjustified crackdown.
Activists Speak Out
ReLeaf Malta, in coordination with Moviment Graffitti, issued a statement condemning the reforms:
“In cases of cannabis use, there is a violation of the right to equal treatment. The reforms are working against those they were meant to protect — namely us, consumers and growers of personal cannabis.”
Background: Malta’s Legalization Journey
In December 2021, Malta became one of the EU’s first countries to decriminalize cannabis for adult use. The law permitted adults to cultivate up to four plants and purchase cannabis through Cannabis Harm Reduction Associations (CHRAs).
What Has Changed Under Bill 128?
The new law appears to reverse many of these freedoms. Critics say the reforms endanger the original goals of the Authority on the Responsible Use of Cannabis (ARUC), especially the principles of harm reduction and user rights.
Key Amendments in Bill 128
1. Smells and Public Use
- Emitting a strong smell of cannabis in public can lead to a fine between €50 and €100.
- Allowing cannabis odours to disturb neighbors from private property may result in fines of up to €235.
2. CHRAs (Cannabis Associations)
- Must now be located at least 250 meters away from schools, youth centers, and sports facilities.
- Permitting minors (under 18) into an association — even unintentionally — can lead to fines from €3,000 to €10,000.
- The Minister may limit how much cannabis these associations can possess or cultivate, though specifics remain vague.
3. Privacy and Membership Rules
- Associations must keep a detailed list of their members, including personal information.
- This register is confidential but may be used in court if related to criminal investigations.
- Previously, individuals could join without disclosing personal data — this is no longer permitted.
4. Penalties and Enforcement
- All cannabis-related offenses must now be handled by the Court of Magistrates.
- Administrative fines through the Justice Commissioner are no longer applicable.
- ARUC has been given expanded enforcement powers, including the right to inspect, issue fines, and initiate legal proceedings.
5. Direct Contradictions to Harm Reduction Principles
ARUC’s own principles — such as reducing stigma, easing legal burdens for users, and reallocating police resources to focus on organized crime — seem to be undermined by this bill. The emphasis on fines and court procedures over education and support contradicts its founding mission.
One of the most contentious issues is the criminalization of “nuisance cannabis odour.” ARUC’s executive chairperson, Joey Reno Vella, stated that the law responds to residents’ complaints about neighbors “smoking on balconies” or cultivating plants at home.
“The right to use cannabis at home will continue, but it is not possible to exercise this right in a way which causes annoyance to others,” Vella said.
But critics have raised questions: How will authorities prove the odour? If cannabis use is not allowed at home or in public, where can it be used?
Social Justice Concerns
The law’s effects appear to disproportionately impact those living in apartments, as opposed to individuals with large properties. This imbalance runs counter to ARUC’s stated mission to “recognise and address the unintended consequences of punitive drug policies.”
European Cannabis Industry Moves Forward
While Malta rolls back progressive policies, the European cannabis industry continues to evolve. Berlin and London will host European Cannabis Week from June 19 to 25. Four major events will bring together global experts to discuss regulations, market trends, and innovations.
You can order the upcoming digital report from Prohibition Partners for real-time updates on market dynamics, legislation, and consumer behavior.