Eau de cannabis: Odour from smoking a joint could lead to €235 fine

Legal amendments to the cannabis law which cleared third reading stage on Monday will see the introduction of fines for people who cause an odour nuisance when smoking.

The amendments were aimed at clarifying cannabis laws, tightening regulation of associations, and aligning national policy with European legal precedent.

The proposed changes will also give the Authority for the Responsible Use of Cannabis (ARUC) greater regulatory powers, including the ability to recommend new legal notices for emerging psychoactive cannabis substances.

One of the key amendments updates the legal definition of cannabis in the Dangerous Drugs Ordinance to reflect distinctions between psychoactive cannabinoids and non-psychoactive substances like cannabidiol (CBD). This is intended to end confusion around CBD flowers, which are currently treated as narcotics by police despite being non-psychoactive and containing less than 0.2% THC.

Authorities argued the change is necessary to align Maltese law with EU jurisprudence, including the 2020 Kanavape ruling from the Court of Justice of the European Union and a 2022 French Council of State decision that recognised low-THC cannabis flowers as legal.

Associations that cultivate and distribute cannabis to members will also be subject to tougher rules. These include stricter financial regulations, mandatory 250-metre distances from both schools and sports facilities, and revised limits on cannabis storage based on membership size and demand.

Fines will be significantly increased. Allowing minors into cannabis association premises will carry a €10,000 penalty, while the maximum fine for serious breaches of the law will rise from €10,000 to €50,000—or double the illicit proceeds, whichever is higher.

According to the amendments, a person who consumes cannabis in any place where the odour emission resulting from the consumption of cannabis causes a nuisance to third parties, shall be liable to a penalty of €235.

Criminal cases involving associations or their administrators will now be handled by the Court of Magistrates instead of the Commissioner for Justice, reflecting the gravity of the offences.

However, individuals charged with cannabis-related offences will have the option to settle through a compromise fine, avoiding prosecution and easing the burden on the courts.

The amendments also strengthen ARUC’s role as the primary enforcement authority for recreational cannabis, excluding medical use, which remains under the Medicines Authority.

Government officials say the changes clarify the law, improve enforcement tools, and better reflect the spirit of Malta’s 2021 reform, while prioritising public health and legal consistency.