Is CBN legal in Malta?

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

Formal status

Regulation (EU) 2015/2283 treats CBN the same way it treats CBD: an unauthorised novel food across the entire EU, with no member state holding authorisation for it.

No Maltese instrument addresses CBN by name. It does not need to. Malta's 2025 exclusion is drafted around non-psychoactive phytocannabinoids as a class rather than around a named compound, so CBN falls inside it on the category's own terms - the same drafting that catches CBD also releases CBN.

Malta is unusual in this respect: most member states leave CBN wholly unaddressed, and a category-worded rule is the only kind that reaches it without read-across.

Do we sell here?

Yes, for now: Sleep spray, Sleep capsules.

CBN sits inside the same Maltese exclusion as CBD, and unusually, that's not something we've inferred - Malta's law is written around non-psychoactive cannabinoids as a category, so it covers CBN directly. Most countries don't address CBN at all.

The remaining open question is the EU-wide novel food position, which applies to both.

Outlook

Because Malta's exclusion is written by category, CBN's position here does not depend on anything CBN-specific happening, and a CBN-forward formulation neither gains nor loses anything.

The residual is the EU novel food question, shared with CBD.

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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

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