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Malta: Cannabis Odor Complaints In Private Spaces To Be Handled By ARUC

The cannabis plant and certain consumption methods can put off a considerable amount of odor, with some members of society finding those odors to be undesirable. In Malta, where lawmakers adopted recreational cannabis legalization in 2021, how cannabis odor complaints in private spaces are handled has changed.

“All complaints about cannabis odours in private spaces will be handled directly by enforcement inspectors from the Authority for the Responsible Use of Cannabis (ARUC), according to recently introduced legal amendments.” reported Malta Independent in its local coverage.

“We are not here to criminalise, but to educate and encourage responsibility towards neighbours and the community. The right for responsible use will remain, but no one has the right to cause inconvenience to others,” ARUC Head Joey Reno Vella said, according to the media outlet.

The change in how cannabis odor complaints in private spaces are handled is part of amendments that were unanimously approved in Malta’s Parliament last month. Cannabis odor complaints involving public spaces will continue to be handled by law enforcement in Malta.

ARUC has set up a private phone hotline for people to submit their complaints. As of earlier this week, only ten complaints had been received by the hotline.

“If ARUC officers deem the complaint to be justified, the first step is to contact the people creating smells, informing them in a friendly and practical manner of ways to mitigate odours,” Vella said, according to local reporting by Times of Malta.

“Should attempts to resolve a complaint amicably fail, Vella said, ARUC would be bound to file proceedings against persistent offenders in front of the Commissioner for Justice, with offenders facing a fine of €235 – described as a measure of last resort.” Times of Malta also reported.

Adults in Malta can legally cultivate up to four plants in their private residences and possess up to 50 grams of cannabis in their homes. Additionally, adults can join a growing list of approved noncommercial cultivation associations.

Malta’s Parliament Approves Changes To Adult-Use Cannabis Laws

Malta became the first country in Europe to adopt a national adult-use cannabis legalization measure back in 2021. The only countries to approve national recreational cannabis legalization before Malta were Uruguay in 2013 and Canada in 2018.

Roughly four years after Malta implemented its legalization model, the nation’s lawmakers unanimously approved changes to the country’s cannabis laws. Part of the changes clarified the definition of cannabis and put stricter regulations on cannabis associations.

“The bill includes new rules which would require a minimum distance of 250 metres from schools, sports facilities, and youth centres. Any association found allowing minors on site could face a fine of up to €10,000.” reported Malta Independent in its local coverage.

“It also clarifies the definition of what counts as cannabis under Maltese law, with the clearer legal definition including both THC and CBD, and non-psychoactive cannabinoids with less than 0.2% THC will be excluded.” the outlet also stated.

The Malta Authority for the Responsible Use of Cannabis (ARUC) recently introduced an amendment to its regulatory framework to allow Cannabis Harm Reduction Associations, sometimes referred to as cultivation associations, to produce and distribute cannabis concentrates. Concentrates are restricted to solventless extraction methods only.

“This measure addresses a critical gap in the current framework. Until now, individuals who preferred resin had no legal avenue to access it, often turning to unsafe, unregulated sources. By extending legal access to resin, ARUC is supporting informed, responsible use while strengthening the harm reduction aspect of the reform.” ARUC stated on its website in a news release.

“To prevent unintended increases in consumption, ARUC has established clear equivalency rules. One gram of resin will be considered the equivalent of three grams of dried flowers, due to its typically higher potency.” ARUC also stated. “The existing personal possession and distribution limits -7 grams per day and 50 grams per month – will remain in force and will now apply to the combined total of dried flower and resin equivalents.”

Currently, 19 Cannabis Harm Reduction Associations have obtained an operating permit. Although it is worth noting that not all of those are dispensing cannabis to members right now, with some still being in the early stages of operation.

Malta Cannabis Associations Permitted To Sell Concentrates Later This Year

Malta will forever hold the distinction of being the first European nation to adopt a national recreational cannabis legalization measure. Lawmakers in Malta approved adult-use legalization in 2021, permitting adults to cultivate, possess, and consume cannabis.

Before Malta approved legalization, the only other nations to do so previously were Uruguay in 2013 and Canada in 2018. A major component of Malta’s legalization model is permitting cultivation associations, sometimes referred to as clubs. Members can source cannabis legally through the associations.

So far, cultivation associations in Malta have only sold cannabis flower. However, starting later this year cannabis cultivation associations in Malta will also be able to sell certain concentrated cannabis products to their members.

“Malta’s cannabis associations will be allowed to sell cannabis resin and rosin, the Authority for the Responsible Use of Cannabis (ARUC) Executive Chairperson Joey Reno Vella confirmed to MaltaToday.” reported MaltaToday in its local coverage.

“ARUC is in the process of updating its Directives to permit the distribution of cannabis resin (hash) and similar processed products, such as rosin, through licensed CHRAs. However, it is imperative to highlight that only solvent-free, non-chemical extraction processes will be authorised. The use of solvents and/or chemical agents for the production of cannabis derivatives remains strictly prohibited. Additionally, the conversion of cannabis into oils and tinctures will not be permitted under these amendments,” Joey Reno Vella said according to the media outlet.

Cannabis concentrates, sometimes referred to as cannabis extracts, are very popular among adult cannabis consumers and medical cannabis patients. According to Coherent Market Insights, the global cannabis extract market “is expected to reach USD 38.13 Bn by 2031, exhibiting a compound annual growth rate (CAGR) of 17.4% from 2024 to 2031.”

In other recent cannabis news out of Malta, the Authority for the Responsible Use of Cannabis signed an agreement with the University of Malta to conduct cannabis-based research.

“The authority and the university’s chemistry department plan to study pesticides and “substances” found in legal and illegal cannabis by next October, with legal samples from cannabis associations and illegal samples held by the courts due to be tested.” reported Times of Malta.

“The tests aim to scientifically demonstrate how the dangers of controlled – legally grown – cannabis and illegal offerings vary, Reforms Junior Minister Rebecca Buttigieg said.” the local media outlet also reported.

Malta Cannabis Legalization Has Not Led To Increased Consumption Rates

Malta became the first European country to adopt a national adult-use cannabis legalization measure back in 2021. According to the results of a recent survey, the policy change has not led to an increased rate of cannabis consumption.

“People who admitted smoking cannabis in the past year account for 4% of the population, a decline from 7% in 2021, a Eurobarometer survey shows.” stated Malta Today in its local reporting.

“The survey shows that 53% of respondents across all EU member states are in favour of regulating cannabis for recreational use.” the outlet also reported.

In addition to Malta, cannabis is legal at a national level in Luxembourg and Germany, as well as in Uruguay, Canada, and South Africa. Each legalized nation has a different model with different provisions and limits. In Malta, cannabis cultivation is permitted by adults (up to 4 plants), as is personal possession of 7 grams when away from home and up to 50 grams at home.

Cultivation associations, often referred to as cannabis clubs, are also permitted in Malta. Adults can become members of a club and legally source their cannabis from them. As of August 2024, roughly 2,000 had joined a registered cannabis club in Malta. According to the nation’s top regulatory chief, legalization in Malta is working.

“The country’s harm reduction approach is working,” ARUC Chairperson Joey Reno Vella stated in a recent interview according to separate reporting by Malta Today.

“Before 2021, before the reform was enacted, you had a reality where studies showed a large section of the population used cannabis, but they had no regulated market from where they could buy it. The cannabis they bought was not cultivated in a safe manner, and so posed more risks. They had to turn to the black market where they did not know what they were buying,” Vella also stated.

Since recreational cannabis legalization took effect in Malta in 2021, a total of 39 people have faced prosecution for consuming cannabis in public spaces according to Home Affairs Minister Byron Camilleri’s recent testimony to parliament.

Malta Regulatory Chief: Cannabis Reform Is Working

In 2021 Malta became the first European nation to adopt a national adult-use cannabis legalization measure. The only countries to adopt a national recreational cannabis legalization measure before Malta was Uruguay in 2013 and Canada in 2018.

However, unlike Uruguay and Canada where adult-use cannabis is dispensed through a variety of outlets nationwide, Malta is bound by European Union agreements that limit recreational cannabis commerce to noncommercial cultivation associations and regional pilot research programs.

Malta has adopted a cannabis legalization model that is built on home cultivation and cultivation associations from which consumers can source their cannabis legally. According to the nation’s top regulatory chief, legalization in Malta is working.

“The country’s harm reduction approach is working,” ARUC Chairperson Joey Reno Vella stated in a recent interview according to local reporting by Malta Today.

“Before 2021, before the reform was enacted, you had a reality where studies showed a large section of the population used cannabis, but they had no regulated market from where they could buy it. The cannabis they bought was not cultivated in a safe manner, and so posed more risks. They had to turn to the black market where they did not know what they were buying,” Vella also stated.

“They now know from where the product came from, what it contains and know that it does not contain harmful substances like bacteria, heavy metals and mold. The product will cause less harm and expose people to less risks.” Vella concluded.

Malta issued its first noncommercial cultivation association license in October 2023. The European nation’s emerging adult-use cannabis industry now boasts roughly 2,000 cultivation association members at 8 licensed locations. Six more associations have in-principal licenses and will become operational soon.

Per our prior reporting, regulations for noncommercial clubs in Malta include (but are not limited to):

  • A maximum of 500 club members
  • Cannot be located within 250 meters of a school or ‘youth center’
  • No advertising
  • Cannot use the word ‘cannabis’ in the club’s name, or anything that would ‘incite use’
  • At least two club founders with no prior convictions of money laundering
  • Clubs must have a legal representative
  • Club administrators have to be residents for at least 5 years
  • All cannabis has to be cultivated by the club itself (out of public view)
  • Registration fee of €1,000
  • License fee starting at €8,750
  • Initial licenses valid for 1 year, with 3 year renewals
  • Labeling requirements
  • Ongoing government auditing
  • Product testing
  • THC percentage caps for consumers 18-20 years old
  • Consumers can only have a membership at 1 club at a time
  • Revenue dispersal requirements

An Estimated 750 People Have Joined Malta’s Legal Cannabis Clubs

In late 2021, Malta became the first European nation to pass a national adult-use cannabis legalization measure. Before Malta’s legalization measure was approved, only Uruguay and Canada had passed a national adult-use measure. Since that time, Luxembourg and Germany have also passed national legalization measures.

Malta’s legalization model relies upon home cultivation and noncommercial cannabis clubs for consumers to legally source their cannabis. Malta issued its first noncommercial cannabis club license in October 2023 and issued multiple other club licenses by the end of the calendar year.

The world recently received an update from Malta regarding how many consumers have signed up for club memberships so far. Per Times of Malta:

A total of 750 people have joined cannabis associations in their first month of operation, the Reforms Parliamentary Secretary said on Monday.

Three legal cannabis clubs have each started distributing the drug to 250 members since the end of January, and so far the data shows all members had previously used cannabis, Rebecca Buttigieg said during a press briefing.

According to survey data from the European Monitoring Centre for Drugs and Drug Addiction, 22% of Malta’s citizens have consumed cannabis at least once in their lifetime, and roughly 7% of Maltese citizens report having consumed cannabis at least once in the last year.

Malta has a population of roughly 518,000 people, so seven percent of that figure would equate to over 36,000 people.

Obviously, not all of the reported once-a-year consumers use cannabis frequently enough to necessitate joining a cannabis club. Furthermore, many consumers presumably cultivate their own cannabis now that it is legal to do so in Malta. These factors are significant to keep in mind for contextual purposes when considering Malta’s current cannabis club membership levels.

Malta Approves More Noncommercial Cannabis Clubs

Malta became the first European nation to pass an adult-use cannabis legalization measure back in 2021. The passage of a national legalization measure in Malta made the country the third nation on earth to do so, following Uruguay and Canada.

Unlike Uruguay and Canada, adult-use sales in Malta are limited to noncommercial cannabis clubs. Dispensaries and adult-use sales at pharmacies are still prohibited in Malta, in addition to other forms of commerce.

Back in October Malta approved its first round of licenses for noncommercial cannabis clubs, and earlier this month it approved another round, with three more entities receiving approval. Per Cannabis Health News:

Malta’s Responsible Cannabis Use Authority (CURA) has issued three new licences to Cannabis Harm Reduction Associations (CHRAs).

This brings the total to five clubs which have now received approval, with Sprawt, Northern Lights and NEGE joining KDD Society and Ta’ Zelli which were licensed in early November.

Regulations state that only associations listed on the CURA website can cultivate and distribute cannabis to their members. Membership is limited to residents of Malta over the age of 18 and a copy of their identity card must be provided to the association as proof of age and address.

Unfortunately, the European Union does not permit its members to legalize national adult-use sales. Rather, all policy modernization has to be medical and/or research in nature, which is why Malta was permitted to proceed with licensing noncommercial cannabis clubs.

Such clubs are geared towards reducing the public health impact related to humans consuming unregulated products.

Another public policy experiment that is found in Europe involves the permitting of adult-use cannabis commerce pilot programs. As of right now, Malta does not have plans to launch such programs. Limited local pilot programs are one form of commerce that the European Union permits since they are geared toward research.

Malta Issues First Noncommercial Cannabis Club Licenses

Malta became the third nation on earth, and the first in Europe, to pass a national adult-use legalization measure back in late 2021. Since that time, Luxembourg has also passed a national measure. However, unlike Luxembourg, Malta’s legalization model includes the permitting of noncommercial cannabis clubs. The EU nation recently issued its first licenses for such clubs.

According to domestic reporting, Executive Chairperson Authority for The Responsible Use of Cannabis (ARUC) Leonid McKay announced during a recent press conference that “operational licenses” were issued to two different entities.

The recipients of the noncommercial cannabis licenses are KDD Society and Ta’ Zelli. The entities cannot start distributing cannabis until they receive tested products. All testing will reportedly be handled by Malta’s Authority for The Responsible Use of Cannabis.

It’s not entirely clear when products will officially go on sale, however, it’s speculated that the first legal sales via noncommercial clubs will begin early next spring. Four more entities have received “in-principle licenses” and are continuing to work through the licensing process.

Per our prior reporting, regulations for noncommercial clubs in Malta include (but are not limited to):

  • A maximum of 500 club members
  • Cannot be located within 250 meters of a school or ‘youth center’
  • No advertising
  • Cannot use the word ‘cannabis’ in the club’s name, or anything that would ‘incite use’
  • At least two club founders with no prior convictions of money laundering
  • Clubs must have a legal representative
  • Club administrators have to be residents for at least 5 years
  • All cannabis has to be cultivated by the club itself (out of public view)
  • Registration fee of €1,000
  • License fee starting at €8,750
  • Initial licenses valid for 1 year, with 3 year renewals
  • Labeling requirements
  • Ongoing government auditing
  • Product testing
  • THC percentage caps for consumers 18-20 years old
  • Consumers can only have a membership at 1 club at a time
  • Revenue dispersal requirements

March 2023 Is Set To Be A Historic Month For European Cannabis

The next 32 days on the European continent could prove to be one of the most historic stretches of time for cannabis public policy and the continent’s emerging legal cannabis industry. Starting tomorrow, Malta’s government will begin accepting applications for non-profit cannabis clubs.

It’s a major milestone not just for Malta, which is the only country in Europe to pass a national adult-use legalization measure, but it’s also a major milestone for the greater European industry being that Malta is the first nation in Europe to set up this kind of national adult-use licensing system. It will be very interesting to see how many applications Malta receives next month.

Malta is not the only nation set to experience a historic March 2023. As every global cannabis observer already knows, lawmakers in Germany have worked very hard to make good on their coalition agreement component relating to legalizing cannabis for adult use and implementing a regulated adult-use industry.

Germany’s Health Minister Karl Lauterbach made a formal presentation of a legalization plan back in October 2022 and has since lobbied the European Union for its permission to proceed with an official introduction of a legalization measure.

What some observers seem to have overlooked, or perhaps forgotten about, is that roughly a month ago Minister Lauterbach reportedly confirmed a timetable for a formal introduction of a legalization measure and indicated at the time that he had ‘no reason to doubt’ that a legalization measure would be introduced ‘in the first quarter of this year.’

With February drawing to a close that puts the German adult-use legalization bullseye squarely on the month of March. Whether or not Minister Lauterbach’s reported timeline proves to be accurate or not is something that time will have to determine, although, there have been no meaningful setbacks reported from what I can tell as of the posting of this article.

Additionally, cannabis enthusiasts, entrepreneurs, investors, policymakers, and industry service providers are set to flock to Barcelona, Spain in March as part of the world’s largest super-event collaboration. The International Cannabis Business Conference has once again partnered with Spannabis, Europe’s top cannabis expo, to form another super-event that is a must-attend for anyone that is serious about succeeding in the emerging cannabis industry.

The International Cannabis Business Conference will host Spain’s largest cannabis B2B event on March 9th at the L’Auditori de Cornellà, with the after-party being held at the Hotel Arts (Ritz-Carleton) Barcelona. Spannabis will follow on March 10-12th at Fira de Cornellà. The super-event is the first large cannabis conference collaboration of the year. Whenever thousands of cannabis supporters get together and network good things happen, and that will surely be the case in Barcelona next month.

Cannabis policy and industry in Europe are both at pivotal points, and being that a legal industry cannot come into existence without reform occurring first, the two are directly tied to each other. If Germany does witness the formal introduction of an adult-use legalization measure next month, it will likely set off a wave of similar political activity in other parts of Europe and that will be good news for the continent’s emerging industry.

The same goes for Malta’s cannabis club application rollout. If Malta can successfully gather, review, and approve non-profit cannabis club applications, it will have set up a bureaucratic blueprint for other nations to copy. It’s nuanced but very significant.

We will all have to wait and see what happens for cannabis in Europe in March while doing our best to temper our excitement and expectations.