Malta’s and Germany’s shared experience in cannabis legalisation

Germany became the biggest EU country to legalise recreational cannabis this week with legislation based by and large on the Maltese model adopted in 2022.

The German law makes provisions for over-18s to be able to grow up to three plants at home (in Malta this is four plants), carry up to 25g (in Malta the limit is of 7g) and more significantly allows for the creation of not-for-profit cannabis associations with up to 500 members each that can grow and distribute up to 50g per month per member. Consumption of the drug inside the club is prohibited.

The German proposal on cannabis associations was modelled almost lock stock and barrel on the Maltese system and will allow users to buy a safe product from regulated organisations. The German proposal also makes it clear that club members must be resident in Germany to avoid cannabis tourism – this is also taken from the Maltese law that limits membership to residents.

One aspect where the German law differs significantly though is that cannabis users can smoke joints in public, albeit with some restrictions – people won’t be allowed to smoke joints near schools, sports centres or in pedestrian zones between 7am and 8pm.

In Malta, it remains illegal to consume cannabis in public although this is flaunted regularly, especially in entertainment areas or in places where people go to relax.

It is of significance that Malta has been a leader in the EU on the legalisation of cannabis for recreational use. Being a leader comes with its own difficulties because policymakers will be navigating uncharted territory on such a sensitive subject that creates conflicting emotions.

However, now that Germany has also adopted Malta’s model, the two countries can learn from each other’s’ experience to tweak legislation and improve on it in the future.

The authority that regulates the cannabis sector in Malta, ARUC, should carry out ongoing assessments to understand the prevailing market conditions and the impact the legislation is having on users and non-users.

The gathering of evidence will help ARUC propose changes to the law, especially if this fails to curb the black market for cannabis. The whole idea behind legalisation was to pull cannabis users out of the shadows and enable them to use a safe and traceable product without having to come in contact with criminals.

Any legal restrictions that still make it ideal for a person to opt for the black market rather than enrol in an association should be ironed out.

The authority should also consider whether it makes sense treating joints in the same way as cigarettes are when it comes to smoking in public areas. The same restrictions that apply on cigarettes should also apply to joints but otherwise there is no reason to keep a complete public ban on the latter.

At the same time, the authority must organise informative campaigns to raise awareness on what is permissible at law so that young people who use cannabis are not lulled into a false sense of security that shatters when they are stopped by the police.

But the authority must also organise awareness campaigns to highlight the negative impact cannabis consumption can have on the body and mind so that adult users are able to make informed choices.