Is CBD legal in Malta?

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A flag of Malta, next to the chemical structure of CBD

Formal status

Regulation (EU) 2015/2283 has classified CBD as a novel food across the EU since January 2019. To date, no member state holds Union list authorisation for it.

Malta's December 2021 adult-use cannabis reform did not address CBD ingestibles or food supplements. The relevant change came in May 2025, when Parliament unanimously amended the definition of cannabis under the Dangerous Drugs Ordinance to include THC and CBD while expressly excluding extracts and products derived from non-psychoactive phytocannabinoids containing not more than 0.2% psychoactive cannabinoids. A Court of Magistrates has since applied that exclusion to importation, holding that importing part of the cannabis plant testing below 0.2% THC is not criminal.

The effect is to place compliant CBD outside Malta's narcotics framework - but not to authorise it as a food. Ordinary EU novel food law still applies, unresolved here as everywhere.

Do we sell here?

Yes, for now: Sleep spray, Sleep capsules.

Malta is the clearest cannabinoid position of any market we ship to. In 2025 its Parliament unanimously amended the legal definition of cannabis to expressly exclude non-psychoactive cannabinoids at or below 0.2% psychoactive content, and a Maltese court has since applied that exclusion to imported product. That settles the narcotics question, which is the one that blocks us elsewhere.

What it doesn't settle is the EU-wide novel food position on CBD as a food ingredient - unresolved in every member state, Malta included. We sell here on that basis and review it regularly.

Outlook

Malta is the only country assessed so far where the formal position moved deliberately in a favourable direction rather than simply staying quiet - a recent, unanimously passed statutory exclusion, since applied by a court to importation.

What it does not do is resolve the EU novel food question, which is the same residual exposure that applies in every member state. The thing to watch is the EU authorisation process rather than anything Maltese.

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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

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Various Laws relating to Cannabis Activities (Amendment) Act, Act XII of 2025, assented to on 16 May 2025 and in force from that date, amends the definition of cannabis under the Dangerous Drugs Ordinance (Cap. 101) to include THC and CBD while expressly excluding inflorescence, leaves, extracts and products derived from non-psychoactive phytocannabinoids containing not more than 0.2% of psychoactive cannabinoids. A proviso deems synthetic cannabinoids and synthetic cannabinoid products a prohibited drug punishable as cannabis, a new Fifth Schedule categorises cannabinoids as non-psychoactive, psychoactive or synthetic, and ARUC gains broader enforcement powers.

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

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The Court of Magistrates declines to take further cognisance of importation and possession charges after finding the seized products averaged less than 0.2% THC, placing them outside the statutory definition of cannabis. The court applies Act LXVI of 2021 and Act XII of 2025 retroactively, on the principle that a defendant benefits from the more favourable criminal law where the definition changes before final judgment. The charges arose from a 2022 arrest.

Mifsud & Mifsud Advocates, analysing Court of Magistrates (Malta), Police vs Joerg Herbert Schellhammer, 27 July 2026

Ingredients

Browse legality of our other ingredients in Malta.