Cannabis Laws in Malta

What changed in 2021

On 18 December 2021, Malta's parliament passed Act No. LXVI of 2021, amending the Drug Dependence (Treatment not Imprisonment) Act and related laws ^[1][2]. It took effect days later, making Malta the first EU member state to legalize personal cannabis use and home cultivation for adults Strong evidence^[3].

The headline rules for adults aged 18 and over:

• Possession of up to 7 grams of cannabis in public is legal.
• Possession of 7g to 28g is a civil (not criminal) offense punishable by a fine of €50–€100, decided by a Commissioner for Justice ^[1].
• Households may grow up to 4 plants, not visible from public spaces, and may store up to 50 grams of dried cannabis at home ^[1][2].
• Public consumption remains prohibited and carries a €235 fine; consuming in front of a minor carries a €300–€500 fine ^[1][3].

Past convictions for simple possession can be expunged on request under the same law ^[2].

Cannabis Harm Reduction Associations (clubs)

The law also created Cannabis Harm Reduction Associations (CHRAs) — non-profit clubs that can cultivate and distribute cannabis to their members. Key limits set by the Authority on the Responsible Use of Cannabis (ARUC):

• Maximum 500 members per association.
• Members can receive up to 7g per day and 50g per month.
• Members must be Maltese residents aged 18+; tourists are excluded.
• No advertising, no on-site consumption, no branded packaging, and locations must be at least 250 metres from schools and youth centres ^[4][5].

ARUC was established as the regulator in 2022, and the first licensed associations began distributing cannabis to members in early 2024 — later than activists hoped, after a slow licensing rollout ^[5][6]. As of mid-2024 only a handful of CHRAs were operational.

This model is similar in spirit to Spanish cannabis social clubs but, unlike Spain, it is explicitly grounded in national legislation rather than legal grey zones.

What is still illegal

Several things people often assume are legal in Malta are not:

• Buying or selling cannabis commercially. There are no licensed retail shops, no coffeeshops, and no legal sales to tourists ^[1][4].
• Public consumption, including smoking in streets, parks, beaches, or vehicles. Fines apply ^[1].
• Importing or exporting cannabis, including from other EU countries where it may be legal in some form.
• Driving under the influence, which remains a separate criminal offense.
• Possession above 28g, which remains a criminal offense and can trigger trafficking presumptions ^[1].
• Cultivation visible from public space, even within the 4-plant limit ^[1].

Workplace rules, tenancy agreements, and condominium regulations may impose stricter limits than the law itself.

Medical cannabis

Medical cannabis has been legal in Malta since the Production of Cannabis for Medicinal and Research Purposes Act, 2018, which also positioned Malta as a production hub for the EU medical market ^[7]. Patients access cannabis through a prescription from a registered medical practitioner, dispensed by licensed pharmacies. The medical framework is separate from the 2021 recreational reform and is regulated by the Malta Medicines Authority ^[7].

Malta has attracted several licensed producers exporting medical cannabis products to other EU markets under EU-GMP standards Strong evidence^[7].

How Malta compares in Europe

Malta beat both Luxembourg and Germany to legalizing personal use, though all three now allow some form of adult-use possession and home grow ^[3][8]. Compared to its neighbours:

• Germany (2024): legalized up to 25g possession, 3 plants, and non-profit clubs with broader membership rules ^[8].
• Luxembourg (2023): legalized home cultivation of up to 4 plants but did not legalize public possession to the same extent ^[3].
• Netherlands: cannabis remains technically illegal but is tolerated in coffeeshops — a very different model from Malta's Strong evidence.
• Spain: cannabis social clubs operate in a legal grey area without explicit national legislation, unlike Malta's statutory CHRAs.

Malta's model is notably conservative on commerce — there is no for-profit market and no path to one in the current framework.

Practical notes for residents and visitors

• Tourists cannot legally obtain cannabis in Malta. Clubs are restricted to residents, and there are no shops. Carrying cannabis through Malta International Airport, even from a legal jurisdiction, is a customs offense.
• Possession of 7g or less in public by an adult is legal, but consuming it in that public place is not.
• Edibles and concentrates are not separately regulated under the recreational framework; the 7g/50g weight limits apply to cannabis generally, and enforcement of concentrate equivalents has not been fully tested in case law Weak / limited.
• CBD products below 0.2% THC are generally treated as legal under EU norms but are not explicitly covered by the 2021 Act.

This article is informational and is not legal advice. Laws and regulator guidance change; check ARUC publications and consult a Maltese lawyer for specific situations.

Last verified: June 2024.

Sources

How this page was made