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Malta has legalized cannabis: what the 2021 law allows

Located in the center of the Mediterranean, between Sicily and the African coast, Malta legalized cannabis for personal use in December 2021, becoming the first country in the European Union to do so. Until then, the production, sale or mere possession of cannabis-based products was illegal: the archipelago has radically changed its policy. However, not everything is allowed, and it is important to distinguish what is legal from what is not.

The archipelago authorizes cannabis

It was in March 2021 that the Maltese Prime Minister Robert Abela announced that a bill to decriminalize cannabis was under consideration. After several months of work, Owen Bonnici, the Maltese Minister for Equality, Research and Innovation, declared on Wednesday, October 6, 2021, that he wanted to act for the Maltese people by fighting the harm done by criminal drug networks.

Malta

The law adopted by the Maltese Parliament on December 14, 2021 (Act No. LXVI of 2021, promulgated on December 18, 2021) provides that:

  • Possession of 7 grams of cannabis or less for personal use is permitted.
  • Possession of a larger quantity, up to 28 grams, is punishable by a fine before a Commissioner for Justice rather than before a criminal court.
  • It is permitted to grow up to 4 cannabis plants for strictly personal use, provided the plants are not visible from outside.
  • It is legal to keep up to 50 grams of cannabis at home.
  • Consumption of cannabis remains prohibited in public places and in the presence of minors: offenders face a fine.
  • Non-profit associations may grow cannabis for their members, under the supervision of the Authority for the Responsible Use of Cannabis (ARUC).

Malta is therefore making a major policy change aimed at reducing the grip of drug cartels on the archipelago. This transformation is all the more surprising as Malta was known for its great severity toward cannabis users: in 2011, Daniel Holmes was sentenced to 10 years in prison for growing 5 cannabis plants. Minister Bonnici points out, however, that this legalization is not intended to encourage cannabis consumption, but rather to set out an innovative legal framework.

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