Malta - Europe's first country to legalise recreational cannabis

This week, the Republic of Malta has officially become the first country in Europe to legalise cannabis for recreational use, in a move that has caught the international community somewhat by surprise and at the same time taken the wind out of the sails of Luxembourg, the country that was initially set to take this "first in Europe" title but whose parliament has yet to formally approve any new legislation.

In a historic session that took place on Tuesday, December 14th, the Maltese parliament voted to approve the new legislation, with 36 votes in favour of the initiative and 27 votes against it. These legal changes mean that residents of the Maltese archipelago will now be able to legally grow their own cannabis at home and possess small amounts of cannabis without fear of arrest or prosecution. The measure also provides for the establishment of cannabis social clubs to supply users, similar to the Spanish model of associations.

History of cannabis reform in Malta

These new changes may seem to have come out of nowhere but, in fact, attitudes towards cannabis in this Mediterranean island state have been improving since the current Labour government came to power in 2013. In 2015, possession of up to 3.5g was decriminalised and a bill permitting legal medicinal use with a prescription was passed in 2018, which even led to the establishment of medical cannabis cultivation facilities on the islands. Prior to these changes, and under the previous Nationalist Party government, official and judicial attitudes in Malta had been very conservative, verging on draconian. Cannabis users and growers were treated particularly harshly by the Maltese justice system, where a simple possession charge could potentially be castigated with a prison sentence of up to 10 years!

Notable among these tough sentences, and a case that found plenty of international exposure and has been credited with kick-starting the movement towards legalisation in Malta is that of Daniel Holmes, a British resident of Gozo who in 2011 was given a sentence of over 10 years in a maximum-security prison after being found with just 5 mature cannabis plants, 26 unrooted clones and a small quantity of dried flowers and leaves.

The huge disproportionality of this punishment led to enormous public outrage and provoked a flood of support for changes to the outdated law, fuelling the activist movement and the formation of pro-legalisation collective ReLeaf, whose subsequent years of dedication in protesting, campaigning and engaging in dialogue with both the public and politicians has finally borne fruit in the shape of the groundbreaking legislation approved this week.

The new cannabis law in more detail

Under the new regulations, which were first revealed in October after a public consultation, adult residents of Malta will be able to grow up to four plants at home and be in possession of up to 7g of cannabis without risking arrest or confiscation, although consuming cannabis in public or in the presence of minors will remain illegal. Those found in possession of quantities over 7g but less than 28g could still be subject to a fine of €100, anyone caught smoking in public will face a €235 fine while smoking in front of under-18s will be punishable by a fine of up to €500. The law also provides for growers to legally store up to 50g of dried cannabis at home.

The new legislation also promotes a safe and regularised method for consumers to obtain cannabis, with the formation of non-profit clubs that will be permitted to supply cannabis products and to sell cannabis seeds to their members, with a limit of 500 members for each club, and stipulating that the clubs must be situated more than 250m from schools and youth centres.

A new era for Maltese cannabis users

The opposition Nationalist Party, with the support of religious organisations, have consistently objected to these legal advances, claiming that they go too far in their attempt to normalise cannabis and will encourage drug use. In contrast, the current Labour government of Prime Minister Robert Abela argues that these new laws have been specifically drafted to avoid the unnecessary criminalisation of cannabis users who, for the most part, lead exemplary lives in every other aspect and contribute greatly to society.

This justification is in addition to the government's stated desire for harm-reduction by ensuring that consumers are no longer forced to rely on the illicit black market. To this end, legislators have resisted the temptation to place a limit on THC levels allowed in the cannabis, alleging that imposing a measure of this kind would only be counter-productive to their goals, and would create a new black market for high-THC varieties, a brave decision that we applaud wholeheartedly!

We'd like to offer our warmest congratulations to all our Maltese friends at this historic time. We hope that you enjoy your newfound freedoms to the fullest and that the visionary stance taken by your government will serve as an example for the rest of Europe and the world.

Happy (and legal) growing!