39 fined for smoking cannabis in public

Three years since Malta partially legalised cannabis use and distribution, 39 people were fined for smoking the drug in public, figures tabled in parliament show.

In one of the cases, the person was smoking cannabis in the presence of children, something that incurs a steeper fine.

The information was tabled in parliament by Home Affairs Minister Byron Camilleri in response to questions by Nationalist MP Ivan Bartolo.

Under the current regime, carrying up to 7g of cannabis in public is allowed but smoking in public is prohibited and can carry a fine of up to €235. Smoking in front of a minor, irrespective of the location, is prohibited and can incur a fine of up to €500.

The figures also show that 30 persons were arrested because they had more than four cannabis plants at home for personal use. In three of these cases, the plants were grown in the presence of children.

The law allows individuals to grow up to four cannabis plants at home but these must not be visible to the public and not in the presence of children.

Camilleri said nine people were arrested because they had more than 50g of cannabis for personal use at their home. The law allows a person to be in possession of up to 50g of cannabis at any one time at home. In two instances, the accused also had minors living with them.

The Maltese parliament approved a new legal regime in December 2021 to allow people aged 18 and over to use cannabis for recreational purposes. Cannabis is still considered an illegal drug but laxer regulations apply for users thus ensuring the cannabis they consume is safe and does not have to be sourced from the shadow market linked to the criminal underworld.

Malta’s cannabis law allows users to purchase up to 7g of cannabis every 24 hours, with a maximum possession limit of 50g per month. The cannabis can be purchased from licensed clubs and users have to enrol as members.

The law also created the Authority for the Responsible Use of Cannabis (ARUC) to oversee the sector and issue regulations, which clubs, known as cannabis associations, have to abide by.

These associations must be run on a not-for-profit basis and can have a maximum of 500 members each. Users cannot be members of multiple clubs.

Possession of up to 7g in public is allowed but anyone caught carrying between 7g and 28g of cannabis will appear before a tribunal instead of the criminal court.

Users can also grow up to four cannabis plants at home for personal use but these must not be visible outside the house.

The law does not allow minors under 18 to use, carry or possess cannabis.