Is THC legal in Malta?

Formal status

The general EU threshold for hemp is 0.3% THC (Regulation (EU) 2021/2115), and it applies to the crop in cultivation rather than to finished products.

Malta sets a tighter figure and uses it differently. Under the 2025 amendments, less than 0.2% THC is the condition of the non-psychoactive cannabinoid exclusion: below it, ordinary food law applies; at or above it, the product falls within the definition of cannabis under Cap. 628 and is routed to ARUC and the dangerous-drugs framework.

This is an on/off classification switch rather than a graduated compliance limit - crossing it does not produce a labelling infringement, it changes what the product legally is.

Do we sell here?

Yes, for now: Sleep spray, Sleep capsules.

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.

Outlook

Malta's threshold is the one place where the percentage figure is the operative test rather than a background number, and where it functions as a classification boundary rather than a limit.

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

Parliament unanimously passes Bill 128, amending the definition of cannabis under the Dangerous Drugs Ordinance 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.

The Malta Independent

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