Malta’s government has passed a string of controversial new regulations imposing stricter controls on cannabis users and associations, causing uproar from proponents.
On May 16, the third and final reading of Bill 128 saw the bill passed unanimously, meaning that, among other measures, users can be fined for complaints of cannabis odour, all cannabis infractions will now go through the courts, and association members will no longer be able to remain anonymous.
In response, pro-cannabis groups and many media outlets have strongly criticised this unexpected crackdown in one of Europe’s most liberal territories in regards to drug prohibition.
ReLeaf Malta, in a joint statement with activist group Moviment Graffitti, said: “In the case of cannabis users, the right to equality is being violated, and the reform is working against the very people it is supposed to protect-namely, us, the consumers and personal cultivators of cannabis.”
Last month, Business of Cannabis reported that Malta’s Parliamentary Secretary for Reforms, Rebecca Buttigieg, announced a raft of proposed changes to the country’s cannabis framework after it became one of the first in the European Union to decriminalise cannabis consumption for adult-use purposes in 2021.
In late December 2021, cannabis was effectively decriminalised under a new law that permits adults to possess up to 7gs of cannabis for personal use, cultivate up to four plants at home and secure cannabis supplies from regulated clubs, so-called Cannabis Harm Reduction Associations (CHRAs).
Now that Bill 128 has been waved through seemingly without any meaningful scrutiny or resistance, many of the freedoms brought about by the law change are faced with an existential threat, and many of the founding principles of the Authority on the Responsible Use of Cannabis (ARUC) appear to have been forgotten.
Here’s what has changed:
ARUC’s website lists several ‘Harm Reduction Principles’, intended to provide a foundation for its policymaking decisions moving forward.
These new amendments not only fly in the face of these foundational principles, but are also likely to be entirely unworkable.
Among the most controversial of the new amendments is the introduction of new penalties for ‘nuisance cannabis odour’.
Speaking to Times of Malta, ARUC’s executive chairperson, Joey Reno Vella, said this new law followed ‘multiple complaints’ from residents after their neighbours were ‘smoking on their balconies’ or cultivating plants.
“The right to consume cannabis in your private residence will remain, but you cannot exercise that right by being a nuisance to others,” Vella said.
With this law also extending to public odours, many questions have been raised regarding how police intend to prove an odour is a nuisance, let alone enforce it effectively. With consumption banned in public and CHRA’s, many have questioned where they will be left to consume cannabis if they can no longer consume in their own houses.
Crucially, this would also directly contravene several of these principles, which promise to ‘reduce legal and social risks for people who use cannabis’, ‘combat stigma and discrimination suffered by people who use cannabis’.
Other key principles include freeing up ‘law enforcement capacity and resources to better focus on organised crime’, something diverting police attention towards cannabis odours and routing minor infractions through the courts will surely contradict.
As pointed out in an opinion piece in Lovin Malta, these measures will impact those who can afford expansive private properties far more than those living in multi-story blocks of flats.
Once again, this directly contradicts promises to ‘recognise the negative unintended consequences of punitive drug policies and adopt appropriate restorative social justice tools to address injustices and abuses.’
Though ARUC has often come under scrutiny over its policy choices, its latest punitive measures seem to mark a far more significant rollback on policies that were once a standard bearer for the rest of Europe.
The post Smell That? Malta’s New Cannabis Crackdown Could Cost You €235 appeared first on Business of Cannabis.
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On May 16, the third and final reading of Bill 128 saw the bill passed unanimously, meaning that, among other measures, users can be fined for complaints of cannabis odour, all cannabis infractions will now go through the courts, and association members will no longer be able to remain anonymous.
In response, pro-cannabis groups and many media outlets have strongly criticised this unexpected crackdown in one of Europe’s most liberal territories in regards to drug prohibition.
ReLeaf Malta, in a joint statement with activist group Moviment Graffitti, said: “In the case of cannabis users, the right to equality is being violated, and the reform is working against the very people it is supposed to protect-namely, us, the consumers and personal cultivators of cannabis.”
What happened?
Last month, Business of Cannabis reported that Malta’s Parliamentary Secretary for Reforms, Rebecca Buttigieg, announced a raft of proposed changes to the country’s cannabis framework after it became one of the first in the European Union to decriminalise cannabis consumption for adult-use purposes in 2021.
In late December 2021, cannabis was effectively decriminalised under a new law that permits adults to possess up to 7gs of cannabis for personal use, cultivate up to four plants at home and secure cannabis supplies from regulated clubs, so-called Cannabis Harm Reduction Associations (CHRAs).
Now that Bill 128 has been waved through seemingly without any meaningful scrutiny or resistance, many of the freedoms brought about by the law change are faced with an existential threat, and many of the founding principles of the Authority on the Responsible Use of Cannabis (ARUC) appear to have been forgotten.
Here’s what has changed:
Public Use and Smell
- Individuals emitting a ‘strong smell’ of cannabis in a public place, where it is ‘obvious’ the smell is coming from them, can face an administrative fine between €50 and €100.
- A person who causes or allows a smell of cannabis to emanate from a property and disturb the public peace shall be liable to an administrative fine (ammenda amministrattiva) not exceeding €235.
CHRAs
- Stricter location restrictions:
Cannabis associations must be at least 250 metres away from:
- Schools
- Youth centres
- Sports facilities
- Allowing anyone under 18 to enter a cannabis association can result in fines of €3,000 to €10,000, even if unintentional.
- The Minister may now impose limits on the amount of cannabis that can be possessed or cultivated by associations (though specifics are not detailed in the bill).
Member Privacy and Registration
- Associations are now required to maintain a register of all members, including personal information.
- The register cannot be accessed or shared with other entities or authorities.
- It cannot be used as evidence in court unless in relation to the investigation or prosecution of a criminal offence.
- A previous provision allowing members to join associations without giving personal details has been removed.
Enforcement and Penalties
- Cannabis-related offences must now go through the Court of Magistrates, removing the option for administrative fines through the Commissioner for Justice.
- The Authority on the Responsible Use of Cannabis now has expanded enforcement powers, including:
- Conducting inspections
- Initiating legal proceedings
- Imposing fines where authorised
Direct contravention of ‘Harm Reduction Principles’
ARUC’s website lists several ‘Harm Reduction Principles’, intended to provide a foundation for its policymaking decisions moving forward.
These new amendments not only fly in the face of these foundational principles, but are also likely to be entirely unworkable.
Among the most controversial of the new amendments is the introduction of new penalties for ‘nuisance cannabis odour’.
Speaking to Times of Malta, ARUC’s executive chairperson, Joey Reno Vella, said this new law followed ‘multiple complaints’ from residents after their neighbours were ‘smoking on their balconies’ or cultivating plants.
“The right to consume cannabis in your private residence will remain, but you cannot exercise that right by being a nuisance to others,” Vella said.
With this law also extending to public odours, many questions have been raised regarding how police intend to prove an odour is a nuisance, let alone enforce it effectively. With consumption banned in public and CHRA’s, many have questioned where they will be left to consume cannabis if they can no longer consume in their own houses.
Crucially, this would also directly contravene several of these principles, which promise to ‘reduce legal and social risks for people who use cannabis’, ‘combat stigma and discrimination suffered by people who use cannabis’.
Other key principles include freeing up ‘law enforcement capacity and resources to better focus on organised crime’, something diverting police attention towards cannabis odours and routing minor infractions through the courts will surely contradict.
As pointed out in an opinion piece in Lovin Malta, these measures will impact those who can afford expansive private properties far more than those living in multi-story blocks of flats.
Once again, this directly contradicts promises to ‘recognise the negative unintended consequences of punitive drug policies and adopt appropriate restorative social justice tools to address injustices and abuses.’
Though ARUC has often come under scrutiny over its policy choices, its latest punitive measures seem to mark a far more significant rollback on policies that were once a standard bearer for the rest of Europe.
The post Smell That? Malta’s New Cannabis Crackdown Could Cost You €235 appeared first on Business of Cannabis.
Continue reading...
