Marijuana in Malta: the first EU country with legalization (FAQ)

Malta, as the first country in the Union, has removed possession from prohibition and has done so more strongly than it appears in summaries. The law does not withdraw from punishment, it simply states that the act does not exist.

Another noteworthy thing is the three different limits, which in studies are often merged into one. A different number applies when in possession, another at the place of residence, and yet another in the association.

Legal status checked in September 2026 in the text of the Maltese law. This is a description of the regulations, not legal advice.

Is possession of marijuana in Malta punishable?

Possession of up to 7 grams by a person over 18 years old, in circumstances that can reasonably be considered possession for personal use, does not constitute a prohibited act. It is neither a misdemeanor nor a crime, and individuals cannot be detained for this reason unless there is reasonable suspicion of trafficking. Reasonable suspicion of trafficking is the only exception here.

This is not decriminalization in the Polish sense, and the difference is significant. In the Polish model, the act remains prohibited, and punishment is withdrawn, while the Maltese law states directly that the act does not exist.

A separate path is provided for individuals under 18, and it is not punitive. Such a person is summoned before an official, who may propose a care plan or treatment instead of sanctions.

Above 7 grams, a misdemeanor threshold begins, and it is not immediately a crime. Malta has therefore built a three-tier structure, similar to the Czech Republic, though with completely different numbers.

This very structure makes Malta an exception in the Union. How it compares to other countries is shown in our map of marijuana legality.

How much marijuana is allowed in Malta?

There are three numbers that pertain to three different situations, and these are often merged into one in studies. A different limit applies when in possession, another at the place of residence, and yet another when receiving from the association. Each of them must therefore be read separately, along with its context.

In possession, the limit is 7 grams without a prohibited act, and the range above 7 to 28 grams creates a misdemeanor threshold. Above this second value, the matter goes beyond the scope described here.

At the place of residence, at the address listed on the identity document, one is allowed to have up to 4 plants and up to 50 grams of dried cannabis. The law defines dried cannabis as dried flowers and leaves, so the rest of the plant does not count towards it.

Four plants are assigned to the address, not to the person, and the regulation states this explicitly. The number of residents and the variety of the plant do not change this, which distinguishes Malta from countries that count the limit per person.

In the association, two limits apply simultaneously: no more than 7 grams in one day and no more than 50 grams in a calendar month per member, plus up to 20 seeds per month. A member cannot belong to two associations at the same time.

What are the consequences of exceeding the threshold in Malta?

Penalties in Malta are monetary and outlined for specific situations, rather than encompassed in one broad range. Possession of over 7 to 28 grams costs between 50 to 100 euros, determined by an official, and does not involve detention. The amount depends on the act, not on the discretion of the authority.

Smoking in public places, in places accessible to the public, or where the smell is bothersome to third parties, costs 235 euros. This is a fixed amount, independent of circumstances.

Using in the presence of a person under 18 years old, with knowledge of their age, is punished more severely, and this applies in any place, including private. The penalty for this ranges from 300 to 500 euros, which is the same as for cultivation not in accordance with the conditions.

Violation of cultivation conditions means cultivation visible from the outside, odoriferous, or accessible to minors. Cultivation at an address other than the registered one costs more, ranging from 700 to 1000 euros.

The highest amount is set for allowing a person under 18 years old into the association premises: from 3000 to 10 000 euros. It is worth noting the rule about return: the police only seize cannabis from a residence if it exceeds 50 grams, and if upon weighing it is found to be within the limit, the law requires it to be returned to the owner.

Does Malta have a medical marijuana program?

The program is operational and is widely open on the doctor’s side, which distinguishes it from most solutions in this cluster. Any doctor registered under the medical professions act can issue a prescription, without the requirement of specialization, if they believe there is no other reasonable treatment option.

However, the conditions are strict on the form of the medication. The law prohibits specifying a product for smoking or any form intended for smoking, so this route of administration is closed.

A control card provided in separate regulations on drug control is in effect. There are no emergency prescriptions at all, so it is not possible to shorten the procedure in an emergency situation.

The application is submitted for a specifically named patient, according to the guidelines of the Chief Public Health Officer. The preparation can only be issued by a pharmacist in a licensed pharmacy, and can only be imported by a licensed wholesaler or manufacturer.

A separate law from 2018 regulates the production of cannabis for medicinal and research purposes in Malta. The program is therefore based on two acts simultaneously: one on patient access and the other on production.

Is it allowed to grow cannabis for personal use in Malta?

It is allowed to grow up to four plants at the residence address of a person over 18 years old, without a prohibited act, but under three conditions simultaneously. All three must be met at the same time, so breaking any of them takes the cultivation outside the allowed range. The law lists them alongside each other, without any hierarchy.

The first condition concerns visibility: the cultivation cannot be visible from a public place. The second concerns odor and states that the cultivation cannot be odoriferous to third parties.

The third condition protects minors and is broadly formulated. The cultivation cannot be visible or accessible to persons under 18 years old, so merely securing it from access is not sufficient if it remains within sight.

Breaking any of these conditions costs between 300 to 500 euros and results in the confiscation of the plants. The penalty is therefore double: monetary and in the form of loss of the cultivation itself.

Four plants are assigned to the address, regardless of the number of residents and the variety. Four adults at one address share the same limit, rather than multiplying it by four.

What exactly did Malta approve in December 2021?

Malta adopted Act LXVI of 2021, officially titled the Authority on the Responsible Use of Cannabis Act, published on December 18, 2021, and codified as Chapter 628 of Maltese law. The full wording is significant here, as a version without the first word circulates in Polish studies. Article 1 of the act provides the short title and begins with the word “Authority.”

Chapter 628 itself establishes the office and describes its tasks. It does not contain a single number of grams. Quantity limits, cultivation conditions, and penalty amounts were included in another act: Chapter 537, the Drug Dependence (Treatment not Imprisonment) Act. This distinction explains why guides provide differing legal bases for the same numbers.

The office is called the Authority on the Responsible Use of Cannabis and uses the abbreviation ARUC. It maintains a register of associations, issues them permits, monitors cannabis use, and is responsible for educational campaigns based on harm reduction. It is neither a seller nor a producer. The version in which ARUC is funded by licensing fees and transfers part of the revenue to prevention has no basis in the text of the act: Chapter 628 speaks of managing the allocated budget, and the amount of fees for permits is left to the minister’s regulation.

How do Maltese cannabis associations work?

The colloquial term “cannabis club” does not appear in the law. Article 7A of Chapter 537 speaks of an organization that brings together only individuals acting in their own name, whose sole purpose is the joint cultivation of cannabis for members. The regulator uses the term Cannabis Harm Reduction Association and it is they who decide on permits, as stated on their own website.

This is the same organizational idea as the Spanish social clubs, described separately in the entry about marijuana in Spain, only written into the law instead of a gap in it.

The law imposes several conditions on such an association simultaneously. It must be registered with the office and have a permit for operation before starting, operate on a non-profit basis as defined by the law on volunteer organizations, and issue the raw material only to members. The number of members cannot exceed five hundred, unless the office determines a different number by announcement. The same member cannot receive more than 7 g daily or more than 50 g in a calendar month, and seeds no more than twenty monthly, in sealed packages.

The rest of the conditions concern the environment. The premises cannot be located closer than 250 meters from the entrance to a school, sports facility, or youth center. Advertising is prohibited in any form, including signage visible from the outside. A person under 18 years old cannot be a member or be present in the premises, and allowing them costs between 3000 to 10 000 euros. For violating other obligations, the law provides a fine of 50 000 euros or double the benefits from the violation, depending on which amount is higher.

What did the amendment in May 2025 change?

Act XII of 2025, approved on May 16, 2025, is titled Various Laws relating to Cannabis Activities (Amendment) Act and simultaneously amends Chapter 101, the Maltese Dangerous Drugs Ordinance, and Chapter 537. Entries describing only the state from 2021 omit the change that affects the most important thing: the definition.

After the amendment, the Maltese definition of cannabis excludes flowers, leaves, and extracts and products derived from non-psychoactive phytocannabinoids, containing no more than 0.2% psychoactive cannabinoids. The new annex five lists them by name: CBD, CBG, CBC, and CBDV on the non-psychoactive side, THC on the psychoactive side. The third part of the annex enumerates synthetic and semi-synthetic cannabinoids, among them HHC, HHC-O, HHC-P, H4-CBD, THC-P, and delta-8-THCP. The law mandates treating them the same as prohibited cannabis, regardless of the form of the product.

The amendment also added monetary penalties for cultivation conducted against the conditions, added articles 7B and 7C, and moved some matters outside the court. Criminal proceedings concerning associations are initiated only at the request of the office or with its consent, and the office can, in agreement with the violator, impose an administrative penalty of at least 75% of the lower limit of the fine instead of directing the matter to court. Consent to such a settlement extinguishes criminal liability but does not exempt from remedying the violation.

What are the consequences in Poland for what is allowed in Malta?

A Polish reader does not transfer Maltese limits across the border, and that is the whole answer. Seven grams, which is not a prohibited act in Malta, remains possession of a narcotic substance contrary to the provisions of the law in Poland. The Maltese membership document is not a basis for anything in Poland, as Polish law does not recognize it.

The basis is Article 62 of the Act on Counteracting Drug Addiction: imprisonment for up to 3 years, with a significant amount from one year to 10 years, and in the case of a lesser offense, a fine, restriction of freedom, or one year.

The only real mitigation is provided by Article 62a. It allows for the discontinuation of proceedings in the case of a minor amount intended for personal use, even before the decision to initiate an investigation, but this is a possibility on the part of the prosecutor, not a right of the offender.

Transporting across the border is subject to Article 55, which means a fine and imprisonment for up to 5 years. The provision does not recognize an exception for material legally purchased elsewhere.

For someone returning from Malta, this has one practical consequence. The supply from the association ceases to be anything other than a narcotic substance in luggage at the moment of crossing the border.

Finally, one number for order. The Maltese home limit is 50 grams of dried cannabis and 4 plants per address, while in Poland, each of these values is simply an amount that the authority will weigh and classify.

One last note concerns the scale. The Maltese limit in possession is 7 grams, while in Poland, the same amount is simply the subject of the act under Article 62, paragraph 1.

Frequently asked questions

How much marijuana can be held in Malta?

Up to 7 grams in possession, by a person over 18 years old, does not constitute a prohibited act. At the place of residence, one is allowed to have up to 50 grams of dried cannabis and up to 4 plants, while in the association, daily and monthly limits apply.

Did Malta decriminalize or legalize possession?

The law states that the act does not exist, not that punishment is withdrawn. This is a stronger structure than decriminalization, where the act remains prohibited, and only sanctions are not applied.

How many plants are allowed to be grown in Malta?

Four, but counted at the place of residence, not per person. The regulation states explicitly that the number of residents and the variety of the plant do not change this.

What are the consequences for smoking marijuana in a Maltese public place?

235 euros. The same amount applies to smoking in a place accessible to the public and where the smell is bothersome to third parties.

What limits apply in a Maltese association?

No more than 7 grams in one day and no more than 50 grams in a calendar month per member, and up to 20 seeds monthly. A member cannot belong to two associations at the same time.

Who in Malta can prescribe cannabis medication?

Any doctor registered under the medical professions act, without the requirement of specialization, if they believe there is no other reasonable treatment option. The law also prohibits forms intended for smoking.

Sources

This article is for informational and educational purposes and does not constitute legal advice. The legal status described in the article is valid as of the date of publication: regulations regarding cannabis may change. Before making a decision, consult a lawyer or current legal acts.

Author: Michał Waluk