Government to amend cannabis law

Government will amend the law regulating cannabis use and the Authority for the Responsible Use of Cannabis (ARUC).

One of the amendments concerns the legal definition of cannabis, as government aims to correct the language used, replacing "cannabinoid" with "cannabidiol (CBD)". This would classify CBD a non-narcotic drug that lacks psychoactive effects. 

Furthermore, the amendments will clearly distinguish between non-psychoactive phytocannabinoids and psychoactive cannabinoids to avoid misinterpretations, particularly concerning CBD flowers. 

Currently, the police consider CBD as a narcotic drug, despite legal arguments suggesting its legality if THC content is below 0.2%, similar to CBD oils and other products. THC is the cannabinoid in cannabis that affects the user’s mental state.

The updated definition will explicitly exclude non-psychoactive phytocannabinoids containing no more than 0.2% of psychoactive cannabinoids. 

The amendments also address the regulations for cannabis associations, imposing stricter rules compared to those for voluntary organisations to prevent abuses, including financial mismanagement. 

The distance requirement from schools and now sports facilities will be measured from the entrance rather than the entire perimeter of the association.

Through the changes, ARUC will be responsible for determining the permissible amount of cannabis that associations can possess based on membership numbers and demand. Penalties for minors entering cannabis association premises will significantly increase to €10,000, and the maximum fines for violations of the act will rise from €10,000 to €50,000 or double the illicit proceeds.

Regarding jurisdiction over cannabis-related offenses, cases involving associations or administrators will now be prosecuted in the Court of Magistrates instead of before a Commissioner of Justice.

The amendments establish ARUC as the primary regulator for all cannabis-related matters, except for medical cannabis, which will remain under the Medicines Authority.