By Désirée Attard, published on May 15, 2023

With the publication of the Responsible Use of Cannabis (Licensing of Organisations) Regulations, together with its Directives, the Authority on the Responsible Use of Cannabis is now accepting applications for the registration of Cannabis Harm Reduction Associations, also known as cannabis organisations, or cannabis social clubs.

In this article, we’ll be taking a brief look at the different categories of associations and the requirements for their registration and operation in Malta. For an in-depth look at the law on cannabis associations, head over to our previous article.

Cannabis Associations: 5 different categories

The Authority is accepting applications for five different categories of associations, based on size:

• CATEGORY 1 – up to 50 members
• CATEGORY 2 – 51 to 100 members
• CATEGORY 3 – 101 to 250 members
• CATEGORY 4 – 251 to 350 members
• CATEGORY 5 – 351 to 500 members

The Application

Applications may be submitted online. Before submitting your application, make sure you are familiar and in compliance with the Authority’s Directives and the applicable law. Here, asssistance from a lawyer, architect, and accountant may be required. In brief, the following documents must be submitted:

• a draft statute of the association: This is the most important document, as it is the document with which the association is formed. In the statute, important information such as the name of the association, the founding members, and the functions and responsibilities are listed
• the association’s logo
• the membership policy: This document lists the rights and responsibilities of members in the association, as well as how to apply for membership
• the code of conduct of the association: listing how both the association and its members will conduct themselves, in line with harm reduction principles
• the association’s organisational structure: This must be in line with the statute, and include the roles needed, together with any employee policies and standard operating procedures
• for all founders and administrators, the Personal Declaration; Source of Wealth; and the Fit and Proper Enquiry forms, which must be completed, together with any requested documents, such as verified copies of identity documents, and bank statements.
• any agreements with key function holders an architect’s report on the association’s premises
• a security risk assessment for the association’s premises
• founder declaration on the necessary licences, rights, and permits relating to the association’s premises
• detailed information on the process of cultivation, processing, storage, and distribution, including declarations on organic methods of cultivation, hygiene, sanitation, and pest control, among others
• information on procedures relating to stock-taking, among others
• information on security proceedings and an operations recovery plan
• information on certified transportation methods, together with policies and procedures
• information on the packaging to be used and product display
• information on harm reduction initiatives
• information on record keeping of the Members Register
• detailed financial forecasts and plans, including projected workings, and key assumptions

Our team are available to assist you in the constitution of your cannabis harm reduction association, and can guide you through the application process. Contact us today.

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.