Malta Has A Serious Problem With Its CBD Laws And People Are Suffering
When Malta passed a cannabis reform law in 2021, the market was supposed to completely open up to CBD.
However, people who purchase CBD in its flower form are still getting arrested and prosecuted over drug trafficking, a crime that risks them landing several years in prison.
The issue revolves around contrasting interpretations of the law.
When launching the law in 2021, then-Reforms Minister Owen Bonnici had announced that CBD products will be legalised by updating the legal definition of ‘Indian hemp’ (qanneb Indjan) from the Dangerous Drugs Ordinance.
It was replaced with a new definition for cannabis as products from the plant which include no more than 0.2% tetrahydrocannabinoil (THC), that is the psychoactive substance present in cannabis.
Since then, CBD products such as oils, creams, teas, gummies and muffins have been allowed to circulate freely in the Maltese market.
However, there is still a huge grey area when it comes to CBD sold and purchased in its flower form. Although it contains less than 0.2% THC, the police and the Attorney General are insisting that it doesn’t qualify as a “cannabis product” per se, but as actual cannabis.
Although people are allowed to grow up to four cannabis four plants at home, purchase the plant from a registered cannabis association, store up to 50g of cannabis at home, and carry up to 7g of cannabis on your person, the plant itself is still considered to be an illegal drug.
And the authorities are coming down hard.
Some cases have gained national attention, such as when doctor Andrew Agius from Paola’s Pain Clinic was arrested and charged with drug trafficking in 2022, a case that is still ongoing.
However, this is just the tip of the iceberg. Lovin Malta is informed that several people have been arrested and charged with drug trafficking in recent months for purchasing CBD flower online from European websites.
They are being treated like proper suspected criminals during the process, which means their assets are frozen, they require special permission to travel, and they must regularly sign a bail book at a police station.
And of course, they must wait in legal limbo for years, with the possibility of a lengthy prison sentence hanging over their heads. Although several cases have been brought to court since the new cannabis reform was passed, none have been decided yet, which means case law hasn’t been established.
To make the situation even more confusing, several Maltese shops are openly selling joints and other items containing the exact same CBD flower behind the counter, and some are even available to purchase from food delivery apps.
The likes of cannabis lobby group Releaf have long been urging the government to bring in some legal clarity, but nothing has been implemented so far.
Meanwhile, people who were unlucky enough to get caught by police remain with the sword of Damocles hanging over their heads, all over a product that isn’t even psychoactive and that even the European Court of Justice has acknowledged isn’t a narcotic.
Should Malta update its CBD laws?
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