Is THC legal in Malta?

Situación formal

Malta legalised personal use in 2021. Adults may hold 7g and grow four plants per household, and non-profit member associations distribute to members, though there is no retail sale. Medical cannabis is prescribable by any doctor and dispensed in pharmacies. For supplements the operative rule is different again: below 0.2% THC a product sits outside the cannabis definition entirely, and at or above it the dangerous-drugs framework applies instead.

¿Vendemos aquí?

Not at the moment.

Malta's threshold is 0.2%, tighter than the general EU figure, and it works differently from most: it's the line that decides whether a product is treated as an ordinary food or as cannabis. Our extract is specified below it.

Trace THC is a natural part of a full-spectrum extract, and here the percentage is genuinely the right measure - which isn't true everywhere.

Perspectivas

Malta's threshold is the one place where the percentage figure is the operative test rather than a background number.

Nothing suggests movement - the 2025 amendment is recent, was passed unanimously, and has since been applied by a court in the direction it was drafted.

Timeline

December 2021

Act LXVI of 2021 creates Chapter 628 and the Authority on the Responsible Use of Cannabis, making Malta the first EU member state to permit adult personal cannabis use and home cultivation. The reform does not address CBD ingestibles or food supplements.

Parliament of Malta

May 2025

Various Laws relating to Cannabis Activities (Amendment) Act, Act XII of 2025, in force 16 May 2025, amends the definition of cannabis under the Dangerous Drugs Ordinance (Cap. 101) to include THC and CBD while expressly excluding inflorescences, leaves, extracts and products derived from non-psychoactive phytocannabinoids containing less than 0.2% THC. Synthetic and semi-synthetic cannabinoids are banned, and ARUC gains broader enforcement powers.

Laws of Malta, Act XII of 2025 (amending Caps 101, 537 and 628)

August 2026

Maltese counsel publish an analysis of a Court of Magistrates decision applying the 2025 carve-out, in which the magistrate held that importing or possessing part of the cannabis plant below 0.2% THC is not criminal - a position the magistrate described as arguable under the pre-2025 definition but definitely not the case following the amendments.

Mifsud & Mifsud Advocates