ARUC to plug cannabis club loophole allowing illegal multiple memberships

Members of Malta’s fledgling cannabis ‘harm reduction’ associations could be exploiting a legislative loophole, which permits them to be members of more than one association, despite this being illegal.

The absence of a centralised register of cannabis club members, overseeing the individual member databases of Malta’s harm reduction associations, has led to a lack of visibility on multiple memberships.

When Malta introduced its partial decriminalisation of cannabis consumption and growing, its 2021 Bill came with a number of conditions for those seeking to grow and distribute cannabis as an association, and those who would become members of the associations. One of the conditions written into law states that an association, “shall not accept as members or in the continuation in its membership persons who are members of another organisation of the same type.”

However, government and the Authority for the Responsible Use of Cannabis (ARUC) had assured cannabis users that their name won’t end up in a centralised database in light of privacy concerns.

This was confirmed by a spokesperson for the parliamentary secretary for equality and reforms, who noted that “the legislation stipulates that the associations are not to provide the members’ personal details to the Authority for the Responsible Use of Cannabis.”

Upon learning of cases where association members were applying and being accepted as members of other associations, this newspaper asked how ARUC assures that individuals are not members of more than one association.

The spokesperson replied, “prospective members are required to declare that they are not a member of another association.”

The spokesperson made no reference to a system in place which prohibits members from joining multiple associations, noting that “individuals who attempt to join more than one association will be knowingly submitting a false declaration, which may lead to legal consequences. Nevertheless, one must not presume that members are actively seeking to infringe regulations.”

Despite this, the spokesperson said ARUC is currently trying to procure software to aid in ensuring that all parties comply with the legislation. “The Authority’s initial attempts to procure a system available off the shelf were unsuccessful; due to the unique requirements stipulated, a tailor-made software shall now be procured.”

The spokesperson appealed to cannabis associations and their members to respect the boundaries laid out in the legislation. “It is in the best interest of all involved to ensure that the spirit of the law is being respected so as to continue safeguarding the newfound dignity of cannabis users, who until the introduction of this bold reform, have suffered from unjust discrimination and prosecution for many years.”

In July, as ARUC announced the opening of the eighth cannabis association in Malta, the authority also announced significant updates to its regulatory framework through amendments on technical standards and operating practices for harm reduction, approved premises, key positions, and governance and administration.

“ARUC remains committed to continue improving its regulatory framework, ensuring the smooth and effective implementation of the responsible use of cannabis reform in accordance with legislative parameters. The Authority emphasises its dedication to fostering a community-based approach, where associations operate strictly on a not-for-profit basis,” the spokesperson said.