Strengthening Malta’s cannabis reform: an electoral promise

By ReLeaf Malta

Election fever is on! Everyone is dishing out promises to all and sundry, except us, cannabis consumers.

Back in 2021 Owen Bonnici had personally promised me that personal thresholds for cannabis possession would be increased to better reflect cultivation levels. Back in 2023, Leonid Mckay had also hinted at increased rights for our community, with very promising international stakeholders such as Steve Rolls, Martin Jelsma, Oscar Pares and Anna Obradors travelling to Malta to deliver talks and training. In 2026 we are left with a chairperson who is licensing his own brother, and has been busy disrupting the overarching spirit of the law by chipping away at personal rights and freedoms for home cultivation and consumption. Hailing from the legal field, it was easy for him to remodel the law to appease a small group of investors rushing to contend for the green chalice.

Anyone interested in good governance, transparency and the rule of law? You need to look elsewhere and definitely beyond the fern (pun intended). Despite failure to submit its annual report for three consecutive years, Parliamentary questions show that in just less than two years the Authority for the Responsible Use of Cannabis (ARUC) amassed over €620,000 in profit! Imagine, an authority supposedly advocating for a reduction of cannabis use, having such a lucrative cash cow at its disposal.

Will ARUC ever be in a position to agree to increased home cultivation rights? Of course not, as doing so would kill its own golden goose, and reduce its profit margin.

Of course, the Sopranos would be proud. What happened to the bottom up approach and the grass roots? What happened to social and restorative justice? These were all discussed ad nauseum with Mariella, Leonid, Joey and others hopping from one role to the next.

Structural inconsistencies, lingering and new found stigma (criminalising the smell of a plant, for real?!), and disproportionate enforcement mechanisms, such as the blanket ban on public consumption continue to jeopardise the spirit of the law and undermine a harm reduction approach.

The recent introduction of random roadside cannabis saliva testing further exacerbates these inconsistencies. By removing the requirement for reasonable suspicion, this policy risks criminalising people unnecessarily. Crucially, it rests on a flawed premise: that the mere presence of THC equates to impairment. Scientific evidence demonstrates that this is not the case. THC can remain detectable in saliva for up to 13–24 hours in occasional users and 30–80 hours in regular users, long after psychoactive effects have subsided. In blood, detection windows extend from 24–72 hours for occasional users to several days or even weeks for chronic users due to accumulation in fatty tissues. These biological realities underscore a critical point : detection is not synonymous with intoxication. Without incorporating impairment-based assessments, such measures risk penalising responsible users who pose no risk to road safety. A recalibration toward evidence-based and proportionate testing is therefore urgently required.

How do we move beyond these shortcomings?

Introducing full decriminalisation rights for personal cultivation and possession; irrespective of the amount of plants or grams found on the person or at home this should be considered personal use. This is not applicable for persons forming part of a criminal organisation, or involved in other foul play, such as unexplained wealth or violence.

Allowing the full and automatic expungement of criminal records for possession, and cultivation charges. This process must be proactive, not application-based, ensuring that no individual is left behind due to bureaucratic or financial barriers.

Ending disproportionate enforcement and intrusive practices, such as home inspections for smells. This is not only fomenting stigma, but is also raising questions how on earth could it be possible that the two inspectors currently engaged with the ARUC are managing to concurrently oversee high risk operations by 23 cannabis associations (cultivation and distribution sites), and at the same time investigate cannabis odours in private residencies. Are they trying to divert our attention from more pressing matters?

Ending the blanket ban on public consumption of cannabis and granting cannabis consumers the same rights afforded to people who consume nicotine. Why not adjust the law to reduce unnecessary risks and address stigma in real terms?

Allowing increased daily purchases of up to 20grams per day from Cannabis Harm Reduction Associations, yet keeping within the 50gram monthly limit.

Introducing a closed flower to consumer delivery system, further increasing efficiency and inclusivity for members with limited mobility or a busy schedule.

A regulated “green card” system would allow tourists to apply with the ARUC to access a limited amount of cannabis through licensed associations. Such a system would not only reduce profit for the illegal and synthetic cannabinoid markets, but would also reinforce Malta’s reputation as a forward-thinking jurisdiction.

Better working conditions and wages for staff engaged by cannabis associations, including the possibility to join a union and continuous professional development training opportunities across various fields.

Embedding environmentally sustainable practices, ensuring a transition towards reusable and environmentally sustainable manufacturing practices, especially packaging of cannabis flowers. This would significantly reduce waste while aligning the sector with broader climate and sustainability goals. No more baggies please!

An applied harm reduction approach. The distribution of herb vaporisers and establishment of consumption lounges allowing only consumption of cannabis via a herb vaporiser are easy and doable steps. One hopes the ARUC will not allow the combustion of nicotine inside these prospective 'consumption spaces'.

Ensuring transparency and good governance by the ARUC, including proper oversight by civil society organisations such as ReLeaf Malta. The pivotal role of civil society has been frequently recognised by UN and EU experts on cannabis policy. What is holding the ARUC from giving us a seat at the table? After all, we are the ONLY registered NGO addressing cannabis rights and justice.

In conclusion, as we continue our celebrations of the first five years of cannabis decriminalisation in Malta, we look forward to the next five years of cannabis advocacy and positive changes. In the meantime, we nudge, smile and eagerly wave at Owen Bonnici to help us push for the Malta Cannabis Arts and Culture fair, including the first National Cannabis Cup organised yearly on 20th April.