By Désirée Attard, published on January 8, 2022

In December of 2021, Malta made considerable changes to its cannabis legislation, decriminalising personal use and possession even further, and, for the first time, introduced the concept of cannabis organisations.

Here’s a quick guide to what the law says on these associations, as well as what has been issued so far on their operation.

What are these organisations exactly?

Loosely based on Spain’s cannabis social clubs, Maltese law allows the establishment of an organisation of individuals, with the purpose of cultivating cannabis exclusively for its members, and then distributing it to said members.

What are the conditions regulating cannabis organisations?

The law states that organisations must:

• operate on a non-profit basis;
• ensure that all staff are of good conduct;
• ensure that all owners, management, and members are personal individuals, not legal entities;
• not advertise in any way its activities;
• not have its premises within 250 metres from any school, club, or youth center;
• ensure that its premises do not disturb the neighbourhood in any way;
• not sell any alcohol from its premises;
• not have more than 500g of cannabis within the premises at any one point in time;
• not have more than 500 members, which are recorded in a register;
• ensure that all members are adults, that is, 18 years old or above;
• distribute cannabis only to its members; and
• distribute cannabis only in sealed and distinctly branded containers.

How much cannabis can be distributed among members of organisations?

Organisations may distribute up to 7g every day, to a maximum of 50g per month per member. 20 cannabis seeds per month per member may also be distributed.

How does one set up a cannabis organisation?

Every organisation must be registered with the newly established Authority on the Responsible Use of Cannabis, which issues the permit necessary for organisations to operate.

What is the Authority’s role?

Among other functions, the Authority on the Responsible Use of Cannabis is the main regulator for cannabis organisations in Malta. Its role includes:

• receiving applications for organisations to operate;
• vetting said applications and ensuring they are in line with the law and any regulation which may be issued;
• keeping an updated record of all organisations in operation, as well as the persons who manage those organisations;
• approve the methods of distribution by organisations to their members; and
• receive regular accounts and audits from organisations.

As of January 2022, the Authority is in the process of being established. It is expected that further detail will emerge on the procedures to establish and register cannabis organisations in Malta.

This article does not constitute legal advice. While all efforts are made to ensure that the information provided on this website is up to date, some information, material, or content may not be the most recent. For personal legal advice, we kindly ask that you contact us for an appointment.

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