WATCH | Cannabis odour law practically unenforceable, police commissioner suggests

A new law that imposes a €235 fine on people causing a nuisance with cannabis odour is unenforceable, Police Commissioner Angelo Gafa has suggested.

Police officers will have difficulty to identify different smells, he said when interviewed on TVM’s Xtra on Monday, shifting the onus onto the Authority for Responsible Use of Cannabis (ARUC).

“I saw comments made by the CEO of ARUC and I understand they will be taking the lead on this,” he said, adding that he looked forward to holding discussions with the authority to better understand what the police’s role will be in enforcing this law.

“It’s a very difficult role because the police are not experts in odour… I, for one, am not capable to determine if a particular smell is cannabis, a cigar, or a vape,” Gafa said.

The police commissioner said his message to legislators has always been to enact laws that “can be enforced in the most effective way possible”.

The fine for nuisance caused by cannabis odour was not part of the original amendments put forward in parliament to give ARUC greater power to regulate the sector. But in a surprise move that caught everyone off-guard, the odour amendment was introduced at committee stage and approved unanimously last week.

The use of cannabis for recreational purposes has been legal since 2021. Nonetheless, it remained illegal to use cannabis in public places. People could only use cannabis in the privacy of their home.

What the new amendment does is go after individuals who smoke a joint at home and who happen to have neighbours who are bothered by the smell.

On Xtra, Gafa said the police force has presented the home affairs minister with draft legislation for the introduction of roadside drug testing on the same lines as breathalyser tests for alcohol testing.

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