Malta Reviews Cannabis Legalization Four Years On, Balancing Freedoms with New Odour Fines

Malta's Pioneering Cannabis Reform Under Scrutiny

Malta, the first European Union member state to legalize adult-use cannabis in December 2021, is now reviewing the impact and challenges of its groundbreaking reform. Four years into the implementation of the Authority on the Responsible Use of Cannabis Act, the nation is observing a notable reduction in cannabis-related prosecutions, alongside the introduction of new regulations addressing public nuisance, particularly concerning 'excessive cannabis odour' fines.

Initial Legislation and Reduced Prosecutions

The 2021 legislation permitted adults aged 18 and over to legally carry up to 7 grams of cannabis and cultivate up to four plants at home, provided they were not visible to the public. It also allowed for the storage of up to 50 grams of dried cannabis at home and the establishment of non-profit Cannabis Harm Reduction Associations (CHRAs), or Cannabis Social Clubs, for member distribution. A key objective of the reform was to shift away from punitive enforcement, a goal that appears to be reflected in prosecution data. Since the law's enactment, only 39 individuals have been prosecuted for public cannabis consumption as of December 2024. Furthermore, a Eurobarometer survey indicated a decline in cannabis consumption in Malta, from 7% in 2021 to 4% in the past year. The Authority on the Responsible Use of Cannabis (ARUC) has emphasized a move towards a harm reduction approach, aiming to protect consumers from criminalization.

Addressing Community Concerns: The Odour Nuisance Fine

Despite the initial successes in reducing criminalization, the reform has faced challenges, leading to recent legislative adjustments. In May 2025, the Maltese Parliament unanimously approved Bill 128, introducing a new administrative fine of €235 for individuals whose cannabis consumption causes an 'odour nuisance' to third parties. This fine can be imposed even if the consumption occurs within a private residence, marking a significant policy shift. To facilitate enforcement, a dedicated hotline has been established for residents to report persistent cannabis odours. Joey Reno Vella, Executive Chairperson of the ARUC, explained that these amendments were a response to numerous complaints from residents disturbed by cannabis odours emanating from neighboring properties. ARUC officials are authorized to act on sworn testimony, without requiring physical evidence. The new legislation also tightens regulations on cannabis cultivation, imposing fines for plants that are visible, emit disturbing odours, or are accessible to minors, and increases penalties for CHRAs found in breach of regulations, such as allowing underage members.

The Evolving Landscape of Cannabis Regulation

Malta's experience highlights the complex and evolving nature of cannabis legalization. While the initial reform successfully reduced prosecutions and shifted towards a harm reduction model, the subsequent introduction of odour nuisance fines demonstrates an ongoing effort to balance individual freedoms with community well-being and public order. The ARUC continues to oversee the implementation and adaptation of these laws, reflecting a dynamic approach to cannabis regulation in the European context.