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Malta: Bill for the Production of Cannabis for Medicinal Use

Production of Cannabis for Medicinal Use Act, 2018

On the 15 January 2018 a Bill was introduced by the Honourable Chris Cardona, M.P., Minister for the Economy, Investment and Small Businesses, to permit the local industrial production of cannabis products for medical use in the context of a controlled and supervised environment.

Definition of Cannabis and Licence Requirement

“Cannabis” is defined as “fresh or dried cannabis, cannabis oil, cannabis plant or seeds, derivatives of cannabis, and/or any substance and, or product set out in guidelines issued by the regulatory authority to be used exclusively for manufacturing of products for medical use.”

The Bill provides that the carrying out of any of the following activities in Malta shall require a licence:

  • Cultivation, importation or processing of cannabis; and/or
  • Production of any products intended for medicinal use deriving from or resulting from the use of cannabis; and/or
  • Trade in cannabis and, or any preparations intended for medicinal use as deriving from cannabis.

License and Letter of Intent

The issuing of a licence is subject to the submission, by the applicant, of documentation, including that for due diligence, required by the Medicines Authority to ensure fulfilment of licencing requirements as well as the compliance with, and attainment of, any other conditions, licences and authorization required under the relevant legislation. Moreover, a letter of intent will be required from Malta Enterprise.

Exemption from Drug Laws

Whilst persons acting within the scope of the licence and applicable legislation will be exempt from the provisions of the drugs laws insofar as those laws relate to Cannabis, those that fail to abide by the provisions of the applicable legislation or by the conditions of their licence shall be subject to the provisions of the relevant drugs laws when such act constitutes an offence under the drugs laws.

This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Mikiel Calleja & Dr. Andrea Theuma.