CBD in Malta Everything You Need to Know
News from the end of 2021 suggests that even recreational cannabis is legal in Malta now, but the truth is much different. Things are still in the early stages, and ground realities differ.
It appears that all has been decided, and CBD has been legalized in all the EU countries. However, that is far from true. When it comes to CBD, EU nations failed to have a united approach. It is because many governments have been wary about legalizing CBD despite its proven safety.
Perhaps the problem is in past experiences. Cannabis extracts have been illegal for so many decades that changing the legal framework surrounding them requires time and effort. However, it also seems that there is low awareness about CBD in Malta and thus fewer efforts to legalize it.
The issue is that even if the EU legalizes any substance, it is up to the member states to implement those laws and norms. Moreover, member states may not observe all the EU recommendations, as they might use other local laws like a substance posing a health threat, or so on.
Many nations legalized CBD almost a decade ago when it comes to the EU. However, with time, laws became more mature. And in 2021, the EU finally came up with a robust recommendation making CBD a novel food. This would regulate the market and provide better quality and safer products to consumers.
Additionally, in 2020, the EU court has ruled that all other EU member states are bound to accept CBD as legal if it has been legally produced and sold in other member states.
So, don’t all the EU-wide laws and rulings make CBD legal in Malta? Well, not essentially, and things are more complex.
CBD in Malta: Everything You Need to Know
To keep it straight, CBD is not entirely legal in Malta due to the different approaches of the Maltese government. It has failed to comply with various EU norms.
It does not mean that EU norms do not apply to the nation. But, nonetheless, selling or using CBD may still get one into legal trouble. Of course, one may escape persecution by fighting a court case, but that will be a significant headache.
It is difficult to believe that someone may get into trouble for selling or buying CBD oil in a nation that has been trying to become the first EU state to legalize recreational marijuana.
Yes, it has already taken some steps in this direction. But, then, the latest reports show that things on the ground differ, and many laws are still on paper and not implemented on the ground.
A Brief History of Malta Cannabis Laws
Malta is a small nation and has a conservative approach toward the CBD. The CBD legalization movement has never been very strong in the country. Population-based surveys show that no more than one-fourth of the population has some understanding of CBD, which is relatively low.
So, buying CBD has always been a hassle in the tiny nation. Though it is legal to buy CBD in Malta, the process is still so complicated that it is almost impossible to complete the process. In Malta, buying legal CBD is more complex than medical marijuana in many nations.
In Malta, one cannot just go to the pharmacy and buy CBD. Of course, online platforms sell CBD, but that is not legal in the nation. In Malta, buying CBD still needs a doctor’s prescription.
However, it is not as simple as getting a prescription, and there is a complex procedure. Thus, one needs to request a drug control card from a doctor, which tells the ministry of health that a person is planning to use psychoactive agents, though CBD is not a psychotropic drug.
After that, one also has to apply for a medical cannabis permit, which may take months. In fact, experience shows that getting medical cannabis permit is very complex and almost impossible.
However, if you get all these documents, a drug control card, and medical cannabis permit, you can get CBD from the pharmacy. But unfortunately, you cannot buy CBD from online platforms.
Adding to the complications is the news that Malta, in December 2021, became the first EU nation to legalize recreational marijuana. However, ground reports suggest that the law is still to be implemented despite being passed by the local parliament and a decree signed by the president.
Is CBD Oil Illegal in Malta
Yes, it is legal, but not wholly. Thus, buying it from some shop or online platform or importing it can still get you in trouble. For example, there is a report of the arrest of a doctor for giving CBD to his patients to relieve backache.
There is contradicting information regarding the legality of CBD oil in Malta. On one side, it is claiming to be the first nation to legalize recreational marijuana, making possessing 7 grams of it legal. However, ground reports still suggest that people are being arrested or penalized even for CBD oil
So, what do we make out of this contradicting information? Perhaps, we can confidently say that Malta is on the verge of the biggest change in its history. Soon, CBD products would be completely legal in the nation, including CBD oil.
Not only that, the nation has already ratified the law legalizing recreational marijuana possession and even growing a few plants of it.
However, the problem remains due to some loopholes and deficiencies in the legal system. These deficiencies have still to be addressed. Nevertheless, it is quite likely that things will change considerably in the coming few months. By the end of 2022, not only CBD oil but even recreational marijuana would be legal to buy, possess, and use in the nation.
Malta is a unique case in many ways. By 2023, CBD status in the nation still remains a bit unclear. Of course, medical CBD or cannabis is legal, but those are different from commonly used CBD products.1,2
It has already become one of the nations where recreational cannabis is legal. One can possess seven grams of cannabis and even grow up to four plants. This has become possible as drug policy is not controlled by the EU.3,4 However, this has not eased the life of those in the CBD business. It is neither a medicine nor a recreational drug. Therefore, legal bodies are unclear about governing laws. Moreover, knowing the content of THC by looking at the products is not possible. Hence, CBD products are still in a grey zone, and they are not illegal nor completely legal. Therefore, always consult a legal advisor before doing CBD business in Malta.5
Can I Take CBD Oil to Malta
There is still some confusion regarding the legality of CBD oil in Malta despite significant changes in the legal structure. Theoretically, it is legal to take CBD to Malta if the product is of EU origin or was legally purchased in another EU nation.
Moreover, the latest changes suggest that even recreational marijuana will become legal in the nation.
However, a word of caution, reports like an arrest of a doctor for dispensing CBD products to his patients suggest that ground realities differ. Despite the legal orders, implementation of these legal changes still remains an issue.
Nevertheless, it would be safe to say that Malta is on the verge of significant change, and CBD oil, perhaps even recreational marijuana, would be completely legal to possess and use in the nation by the end of 2022.
If you are interested in starting your CBD business in Malta, we can help you out with it.