Malta’s shift from strict laws to legalising cannabis – and what it shows the UK

05/05/2024

David Caruana’s journey with cannabis in many ways parallels that of his homeland, Malta.

“I first got into cannabis as any inquisitive youngster would,” the athlete and campaigner recalls. “Back then we had only Moroccan hash and even possession of a few grams would get you in trouble, but that never stopped the black market.

“Later on, it became more of a social drug of choice, since I don’t really like alcohol.”

In 2010, after a stake-out from the roof of a nearby apartment block, police arrested him for growing two plants. At the time, having any marijuana plants was considered trafficking and punishable by a minimum six months’ confinement.

malta’s shift from strict laws to legalising cannabis – and what it shows the uk

Cannabis plants in Valletta, Malta in January 2022. In December 2021, the ban was lifted – within certain limits (Photo: Joanna Demarco/Getty Images)

“They had spent two days on the roof trying to get a visual confirmation of the plants, but they couldn’t,” Mr Caruana told i.

Malta, a tiny Mediterranean island nation situated between Sicily and North Africa, is fiercely Catholic and had strictly enforced the no-tolerance laws. Even patients undergoing dialysis using the herb to ease their pain were charged as dealers and imprisoned.

Then in 2021, the former British colony became the first EU nation to legalise weed.

Mr Caruana admitted to growing cannabis, but sued the government in the constitutional court over the proposed six-month sentence.

Meanwhile, Malta’s decades-old movement to “free the weed” gathered steam. One particular case ignited activism – Welshman Daniel Holmes was caught with five plants at his apartment in 2006 and given ten years’ jail time in 2011 for trafficking. Mr Caruana, who had founded the group Legalise It, Malta!, led rallies in support of Mr Holmes.

A man smokes cannabis at his home in Valletta, Malta, after the reforms took effect in December 2022 (Photo: Joanna Demarco/Getty Images)

In 2013, the conservative Nationalist Party’s quarter-century reign ended, opening new possibilities for reform. Legalise It, Malta! morphed into ReLeaf, holding protests outside parliament, lobbying politicians and meeting the president.

Up to 3.5 grams of personal possession was decriminalised in 2015. Senior lawmakers began speaking out, and in December 2021, the ban was lifted – within certain limits.

Consumers must be over 18, and smoking in public or the presence of children is a fineable transgression. Non-profit members’ clubs can sell weed, but cannot advertise. Buds must be packaged with health warnings, adhere to an 18 per cent THC (active ingredient tetrahydrocannabinol) limit, and be quality-tested by the Authority for the Responsible Use of Cannabis (Aruc). The first licenced clubs opened in January – to Maltese residents only, avoiding throngs of stoned Brits.

Aruc denies that more Maltese are now getting high, saying feedback from various parties, including licenced associations, “indicates that the reform is mainly benefitting users who have been consuming cannabis for a long while”.

Supporters of the bill to legalise cannabis for personal use celebrate outside Parliament House after the bill was passed, in Valletta on 14 December 2021 (Photo: Darrin Zammit Lupi/ Reuters)

“It does not appear that consumption has increased, however, anecdotal evidence indicates that more people than before are willing to publicly indicate that they consume cannabis,” a spokesperson told i “This may give the perception that the consumption of cannabis has increased.”

Households are allowed up to four homegrown plants to help break the monopoly of organised crime – previously, bales of pungent greenery were smuggled from Sicily by the Italian Mafia.

Aruc’s spokesperson said the reform aimed to provide “a safe and regularised source” of cannabis “away from the risks and perils associated with the illegal market, not least health risks”, to mitigate and even eradicate illegal trade.

Mr Caruana is preparing to open The Roots Club, which will grow cannabis and supply 350 members.

“[To say that I’m] vindicated would be an understatement. From being an outlaw by growing two plants, to getting licenced to grow 700 for public consumption, is an incredible feeling.”

A flyer created by activists to protest against Welshman Daniel Holmes’ ten-year jail sentence having five cannabis plants (Photo: David Caruana)

Can the UK learn from Malta? “What was really good was it was a policy that was kind of grabbed by the government and they ran with it, rather than our current system here in the UK, where neither party wants to touch the issue,” says Paul North, director of London-based Volteface think-tank, which promotes drug policy reform.

“We can learn from Malta that it’s not this scary, controversial subject that should be shunned – political parties have a lot to gain by engaging with this issue and get a good response from the public.

Cannabis: Medical superdrug, dangerous carcinogen – or just a bit of fun?

“If you don’t talk about the industry and focus on less controversial ideas such as social goods and homegrown, then you’re more likely to get social and political traction.”

But he thinks the UK should go further. “Growing at home is fine if you’re really into it, but I don’t think that suits the majority of the public. I want to see science and innovation and flourishing businesses employing loads of people creating really cool products, ultimately, so that the end consumer gets a really good experience.

“I’m not convinced that’s the case with Malta, but it’s a hell of a lot better than what we have here.”

Niko Vorobyov is a freelance journalist and the author of Dopeworld. Follow him on X @Narco_Polo420