Malta recently celebrated four years since the introduction of the partial decriminalisation of cannabis for personal use. This includes the possibility to possess, cultivate and access in limited quantities cannabis for personal use. These changes brought significant benefits to people who use cannabis but also Maltese society in general. More specifically:
• Over 80% reduction in cannabis court cases related to simple cannabis possession.
• Regulated access for thousands of members registered with the 22 licensed cannabis distribution spaces (Cannabis Harm Reduction Associations).
• Increased cannabis strains and highly improved quality.
• Safe availability of Cannabidiol [CBD].
In November last year, we saw the acquittal of Andrew Agius, a pain specialist wrongly accused in 2022 of importing narcotic drugs and risking life imprisonment after providing clients with a non-psychoactive cannabinoid product, Cannabidiol (CBD). A harrowing and hellish experience for himself, his family and his staff (strip searched and humiliated).
It took the law courts over three years to realise it was an illegal arrest, or, in plain English, a ‘brutal mistake’. Hey, after all, the imaginative legal grey area was just a smoke screen (of course, pun intended). ReLeaf Malta had, in 2022, initiated a parliamentary petition seeking a clarification on the status of CBD. Despite the discussions held, it seems no one dared to address this blatant injustice and ensure prevention of harm. Should those involved in the illegal arrest of people importing CBD be held accountable? Yes.
How can cannabis consumers in Malta ever feel safe to live under a decriminalised regime if, in reality, the law continues to expose us all to so many what, ifs and buts? The legal amendments introduced in 2025 by Rebecca Buttigieg, with the blessing of the Authority for the Responsible Use of Cannabis, seems to have completely departed from the harm reduction promises and discussions held with this same government in previous years.
I remember clearly back in 2021 Owen Bonnici promising me that the possession of cannabis grams permitted at home and in public spaces, and the cultivation of cannabis plants per person, would be increased and adjusted in a progressive manner throughout the following months. It seems this promise was only kept for Cannabis Harm Reduction Associations allowed to cultivate and store much more plants and grams per member.
This is creating an anomaly in terms of decriminalised rights and responsibilities. In reality, personal human rights are being threatened.
One wonders if the government has forgotten the promise to respect the rights of over 60,000 cannabis consumers- Andrew Bonello
In fact, while people cultivating cannabis at home remain exposed to unnecessary police harassment and potential incarceration if possessing larger amounts or reported by the neighbours for plant odours, the ARUC is increasing its revenue by a lucrative licensing and contributions system for a supposedly ‘not-for-profit model’.
Some have raised eyebrows at the fact that the ARUC has in fact created the perfect profit-driven model for itself. Through the expensive licensing fee model and ‘harm reduction and community contribution’ system, the ARUC is managing substantial cash and data flows.
Very strangely and in conflict with the original spirit of the law, the ARUC’s mandate expanded in 2025 to also include matters related to home cultivation and for-profit entities involved in anything cannabis related. Last year, the ARUC justified the need to enact legislation which stigmatises home cultivation and cannabis consumption in private homes.
Maybe we are all naïve but how can an authority making money out of licensing and cannabis sales respect in an equal manner the human rights of people cultivating cannabis at home? How is a politically appointed board able to ensure transparency, impartiality and fairness in between cannabis industry driven interests and personal rights afforded under a decriminalised system?
Furthermore, in full respect for good governance, the rule of law and transparency, why has the ARUC board and the minister responsible for the authority failed to table in parliament an official annual report on the operations and revenue administered by the ARUC?
One wonders if the government has forgotten the promise to respect the rights of over 60,000 cannabis consumers in Malta and is instead prioritising other interests.
As we prepare our tents for a new cannabis cycle, and a prosperous new year, one pertinent question remains: Should the decriminalisation of cannabis provide increased human rights and restorative justice tools for cannabis consumers in Malta? Yes, minister, a loud and decisive yes.
Andrew Bonello is president of ReLeaf Malta.