ACT No. XII of 2025 AN ACT to amend various laws relating to cannabis activities and any matters ancilliary and, or consequential thereto.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

16th May, 2025

ACT No. XII of 2025

AN ACT to amend various laws relating to cannabis activities and

any matters ancilliary and, or consequential thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Various Laws relating to Short title.

Cannabis Activities (Amendment) Act, 2025.

Part I

Amendments to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance and shall Amendments to

be read and construed as one with the Dangerous Drugs Ordinance, the

Drugs

hereinafter in this Part referred to as the "principal law".

Ordinance.

Article 2 of the principal law shall be amended as follows

Amendment of

article 2 of the

principal law.

(a) in the definition "Cannabis", the words "or

cannabinoid products containing not more than zero point two

(0.2) percent of tetrahydrocannabinoil (THC);" shall be

substituted by the words "or inflorescence, leaves, extracts and

products derived from non-psychoactive phytocannabinoids

containing not more than zero point two (0.2) percent of

psychoactive cannabinoids:";

(aa) immediately after the definition "Cannabis" there

shall be added the following new proviso

"Provided that synthetic cannabinoids and

synthetic cannabinoid products, in any form or manner of

presentation, including but not limited to any matter

originally derived from the cannabis plant which has been

processed, refined or otherwise chemically altered, as well

as manufactured products, edible products, liquids, powders,

or vapourisable substances, shall be deemed to constitute a

prohibited drug punishable in the same manner and to the

same extent as offences relating to cannabis;";

(b) immediately after the definition "new psychoactive

substance" there shall be added the following new definition

""non-psychoactive phytocannabinoids" means such

products as the Minister responsible for the Authority

on the Responsible Use of Cannabis Act may by

regulations, from time to time, include in Part I of the

Fifth Schedule to this Ordinance;";

(c) immediately after the definition "prepared opium"

there shall be added the following new definition

" "psychoactive cannabinoids" means such products

as the Minister responsible for the Authority on the

Responsible Use of Cannabis Act may by regulations,

from time to time, include in Part II of the Fifth

Schedule to this Ordinance;";

(d) immediately after the definition "raw opium" there

shall be added the following new definition

" "synthetic cannabinoids" means fully synthetic or

semi-synthetic cannabinoids, whether or not they occur

naturally in trace amounts in the cannabis plant, that are

chemically processed or refined to act on cannabinoid

receptors and produce psychoactive effects, as the

Minister responsible for the Authority on the

Responsible Use of Cannabis Act may, by regulations

made from time to time, include in Part III of the Fifth

Schedule to this Ordinance;".

Immediately after sub-article (2) of article 34 of the principal Amendment of

article 34 of the

law there shall be added the following new sub-article

principal law.

"(3) The Minister responsible for the Authority on

the Responsible Use of Cannabis Act may, for the

purposes of public health and harm reduction, by

regulations amend the Fifth Schedule to this Ordinance,

where it appears that a particular phytocannabinoid or

cannabinoid shall be classified as non-psychoactive or

psychoactive as well as when it appears that

cannabinoids shall be classified as synthetic

cannabinoids.".

Immediately after the Fourth Schedule to the principal law Addition of a

Schedule to the

there shall be added the following new Schedule

principal law.

"FIFTH SCHEDULE

(Article 2)

Part I

Non-psychoactive phytocannabinoids

CBD, Cannabidiol

CBG, Cannabigerol

CBC, Cannabichromene

CBDV, Cannabidivarine

Part II

Psychoactive cannabinoids

THC, Tetrahydrocannabinol

Part III

Synthetic cannabinoids

HHC, hexahydrocannabinol

HHC-O acetate, HHCO, HHCOA, hexahydrocannabinol O-

Acetate

HHC-P, hexahydrocannabiphorol

H4-CBD, tetrahydrocannabidiol, Hydrogenated CBD, THD,

cyclohexyl CBD

THC-P, tetrahydrocannabiphorol, Delta-9-THCP

HHCH, hexahydrocannabihexol, HHC-H

Delta-8-THCP, delta-8-Tetrahydrocannabiphorol, JWH 091,

THC-heptyl

THCB, Tetrahydrocannabutol, Delta-9-THCB, Delta-9-THC-

C4, Delta-9-THC-butyl

9-OH-HHC, 9-Hydroxyhexahydrocannabinol, 9-hydroxy-

HHC

delta-8-THC acetate, Δ8-Tetrahydrocannabinol Acetate Δ8-

THC-O-Acetate

Delta-8-THC methylether, 1-methyl-Δ8-THC; Δ8-

Tetrahydrocannabinol methylether

Delta-9-THCP acetate, Δ9-Tetrahydrocannabiphorol Acetate;

delta-9-THC-C7-Acetate

delta-9-THCH, delta-9-Tetrahydrocannabihexol, delta-9-

THC-C6

HHC-P-O-acetate, hexahydrocannabiphorol acetate

Delta-8-THCH, delta-8-tetrahydrocannabihexol delta-8-THC-

CC9 (9R-Hexahydrocannabinol-C9)

Delta-9-THC-JD, 3-octyl-6a,7,8,10a-tetrahydro-6,6,9-

trimethyl-6H-dibenzo[b,d]pyran-1-ol, delta-9-THC-C8 ".

Part II

Amendments to the Drug Dependence (Treatment not

Imprisonment) Act

This Part amends the Drug Dependence (Treatment not

Imprisonment) Act and shall be read and construed as one with the

Drug Dependence (Treatment not Imprisonment) Act, hereinafter in

this Part referred to as the "principal Act".

Sub-article (3) of article 4A of the principal Act shall be

substituted by the following new sub-article

"(3) A person who consumes the drug cannabis, other

than as may be authorised for medical reasons

(a) in any public place;

(b) in any place which is accessible to the

public whether upon payment or otherwise;

(c) in any place where the odour emission

resulting from the consumption of cannabis causes a

nuisance to third parties,

shall on conviction be liable to a penalty of two

hundred and thirty-five euro (€235), to be imposed in

accordance with the provisions of the Commissioners for

Justice Act.".

Article 7 of the principal Act shall be amended as follows

(a) in paragraph (a) of sub-article (1) thereof,

immediately after the words "visible to the public" there shall be

added the words "or in a manner which causes nuisance to third

parties through the emission of odour emanating from the

cannabis plants as well as such cultivation shall not occur in a

manner that renders the cannabis plants visible or accessible to

minors";

(b) in sub-article (3) thereof the words "and of article

7A" shall be deleted;

(c) immediately after sub-article (3) thereof there shall

be added the following new sub-articles

"(4) Any person who cultivates up to four (4)

cannabis plants in contravention of the provisions of

paragraph (a) of sub-article (1) shall be guilty of an

offence and shall be liable to a penalty of not less than

three hundred euro (€300) and not more than five hundred

euro (€500), which shall be imposed in accordance with

the provisions of the Commissioners for Justice Act

Provided that in such instances, the Executive

Police or any othe r authority or regulatory body

authorised by law shall have the authority to seize and

confiscate the cannabis plants.

(5) Any person who cultivates up to four (4)

cannabis plants at a location other than the residential

address registered on an official document establishing

their place of residence, as prescribed in sub-article (1)

shall, unless the circumstances indicate that such

cultivation is intended for trafficking purposes, be liable

to a penalty of not less than seven hundred euro (€700)

and not more than one thousand euro (€1,000), which

shall be imposed in accordance with the provisions of the

Commissioners for Justice Act

Provided that in such instances, the Executive

Police or any othe r authority or regulatory body

authorised by law shall have the authority to seize and

confiscate the cannabis plants.

(6) The Minister responsible for the Authority on the

Responsible Use of Cannabis Act may make regulations

for the better implementation of the provisions of this

article and, without prejudice to the generality of the

aforesaid, such regulations may also prescribe conditions

to ensure compliance with the requirements set out

herein.".

Article 7A of the principal Act shall be amended as follows

(a)

sub-article (2) thereof shall be amended as follows

(i) in paragraph (b) thereof the words "to the said

organisation;" shall be substituted by the words "to the said

organisation:" and immediately thereafter there shall be

added the following new proviso

"Provided that in case of conflict, regulations

made in accordance of sub-article (5) shall take

precedence over the provisions of the Voluntary

Organisations Act;";

(ii) paragraph (g) thereof shall be substituted by the

following new paragraph

"(g) any

premises

managed

by

the

organisation shall not be within a distance of less

than two hundred and fifty metres (250m) from the

entrance of a school, sport facilities or youth

centres;";

(iii) paragraph (k) thereof shall be substituted by the

following new paragraph

"(k) it shall not have more grams of cannabis

than the amount which the Minister or the Authority

on the Responsible Use of Cannabis shall determine

according to the scale and the demands of the

organisation by order in the Gazette or in any

directive or legal instrument issued by the said

Authority;";

(iv) in paragraph (p) thereof the words "without

giving their personal details" shall be deleted;

(v) in paragraph (q) thereof the words "from time

to time;" shall be substituted by the words "from time to

time:" and immediately thereafter there shall be added the

following new provisos

"Provided that the Authority on the

Responsible Use of Cannabis shall verify compliance

with this requirement on the basis of confidentiality

and non-disclosure

Provided further that the register of

members and the information contained therein shall

not be accessible or transferred to any entity,

department, agency or authority and shall not be

adduced as evidence in any proceedings before any

court or tribunal, unless required in the conduct of

investigating and prosecuting a criminal offence;";

(b) sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) Any person or organisation who permits a

person under the age of eighteen (18) years to be present in

premises managed by an organisation as referred to in sub-

article (1), shall be guilty of an offence under this Act and

shall be liable, on conviction, to a fine (multa) of not less

than three thousand euro (€3,000) and not more than ten

thousand euro (€10,000).";

(c) sub-article (5) thereof shall be substituted by

the following new sub-article

"(5) The Minister responsible for the Authority on

the Responsible Use of Cannabis Act may make

regulations for the better implementation of the

provisions of this article and, without prejudice to the

generality of the aforesaid, such regulations may also

provide for

(a) the manner in which and the reasons

for which any authorisation, permission or licence

related to the provisions of this article shall be

issued and be made subject to other conditions;

(b) in the case of a breach of article 7A or

regulations made thereunder, the manner in which

any authorisation, permission or licence may be

withdrawn or suspended;

(c) the fees payable in respect of any

authorisation, permit or licence after consultation

with the Minister responsible for finance;

(d) the manner in which organisations are

to be administered and managed and the measures

that may be taken by the Authority on the

Responsible Use of Cannabis to provide for the

administration of organisations in extraordinary

circumstances;

(e) the fines (multa) to which a person or

organisation referred to in sub-article (1) or any

other person or organisation who fails to observe

the law, which shall amount to a fine (multa) of

fifty thousand euro (€50,000), or double the value

of the proceeds resulting from the offence,

whichever is the higher, so however that one-half

(1/2) of such amount shall be considered as a civil

debt owed and payable to the Authority on the

Responsible Use of Cannabis in respect of which

there is an executive title.".

Immediately after article 7A of the principal Act, as amended,

there shall be added the following new articles

7B. (1) The Court of Magistrates in its criminal

jurisdiction, shall be the competent court to take

cognizance of offences mentioned in the preceding

article and, or any regulations made thereunder.

Responsible Use of

(2) No criminal proceedings in accordance with

the preceding article or any other regulatory

instruments shall be taken except at the request or with

the authorisation of the Authority on the Responsible

Use of Cannabis, and proceedings that have been so

taken may, at any time before final judgment, be

withdrawn at the request of the Authority on the

Responsible Use of Cannabis

Provided that this shall apply unless the fact

also relates to a more serious offence under the Criminal

Code or any other law, in which case the provisions of

the Criminal Code or of such other law shall apply.

(3) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall have a right of appeal

to the Court of Criminal Appeal from any judgment

given by the Court of Magistrates in respect of criminal

proceedings mentioned in article 7A or any other

regulatory instrument.

(4) In any criminal proceedings in accordance with

the preceding article or any regulations made thereunder,

any officer of the Authority on the Responsible Use of

Cannabis may, notwithstanding the provisions of any

other law, produce the evidence, plead and otherwise

conduct the prosecution jointly with the Police.

(5) Should the evidence of the officer designated by

the Authority on the Responsible Use of Cannabis as

aforesaid be required as part of the case for the

prosecution, he shall be heard by the said Court before

assuming the duties of a prosecuting officer unless the

necessity of his giving evidence arises at a later stage

Provided that said officer may state the facts

constituting the offence before giving evidence.

7C. (1) Notwithstanding any other provision of

this Act, and without prejudice to any other proceedings

to which the person or organisation may be subjected to

under any other law, in the case of any breach mentioned

in article 7A of this Act or regulations made thereunder,

the Authority on the Responsible Use of Cannabis may,

with the concurrence of the person or organisation

committing the breach and subject to the rectification of

the breach, impose an administrative penalty amounting

to not less than seventy five percent (75%) of the

minimum fine (multa) attributable to the offence in

question as an alternative to criminal court proceedings.

Upon conclusion of such agreement, the offender’s

criminal liability with regard to the offence or offences in

relation to which the agreement has been entered, shall

be extinguished

Provided that the agreement shall not be

concluded and the criminal liability of the offender

shall not be extinguished unless the agreement is

accompanied by the payment of the sum due or the

provision of sufficient security for its payment, in the

case of an administrative penalty, or in the case of

another form of sanction by adherence thereto or

sufficient security of adherence

Provided further that the agreement and

payment of any administrative penalty due in virtue

thereof, shall not exonerate the person or organisation

responsible for a breach, from rectifying such breach

and duly comply with article 7A of this Act and, or

other applicable regulatory instruments.

(2) The provisions of sub-article (1) shall apply also

in any case where the offender has been charged before a

court in relation to the offence, but before final

judgement has been given in the case.

(3) Any imposition of an administrative penalty

shall be without prejudice to the right of the Authority on

the Responsible Use of Cannabis to recover any and all

fees, contributions, levies, taxes and other dues which are

imposed by article 7A and, or any other regulatory

instruments, that remain unpaid after their due date.

Such fees and taxes shall be due to the Authority on the

Responsible Use of Cannabis as a civil debt and shall

upon the service by judicial act of a copy of a notice for

payment on the person or organisation specified in the

notice, constitute an executive title for all effects and

purposes of Title VII of Part I of Book Second of the

Code of Organization and Civil Procedure.

Part III

Amendments to the Authority on the Responsible

Use of Cannabis Act

This Part amends the Authority on the Responsible Use of

Cannabis Act and shall be read and construed as one with the

Authority on the Responsible Use of Cannabis Act, hereinafter in this

Part referred to as the "principal Act".

Sub-article (3) of article 3 of the principal Act shall be

amended as follows

(a) paragraph (d) thereof shall be substituted by the

following new paragraph

"(d) act as regulator and to implement any function

which may be assigned to it in accordance with any law

with regard to any activity which involves the

cultivation, processing or distribution of any part of the

cannabis plant, its derivatives or products related to the

cannabis plant, including also activities conducted by

entities or organisations falling beyond the scope of

article 7A of the Drug Dependence (Treatment not

Imprisonment) Act but excluding activities carried out

pursuant to the Production of Cannabis for Medicinal

and Research Purposes Act;";

(b) in paragraph (p) thereof the words "aims of the

Authority." shall be substituted by the words "aims of the

Authority;" and immediately thereafter there shall be added the

following new paragraph

"(q) with the written authorisation of any other

competent public body, carry out enforcement of any other

legislation related to cannabis which would have otherwise

been vested with said competent public body.".

Article 20 of the principal Act shall be substituted by the Amendment of

article 20 of the

following new article

principal Act.

"20. The Minister may make regulations for the

better implementation of the provisions of this Act and

any other Act which enables him to do so, including but

not limited to powers conferred to him by article 7A of

the Drug Dependence (Treatment not Imprisonment)

Act and, without prejudice to the generality of the

aforesaid, those regulations may provide for the better

implementation and enforcement of the Act, or the

setting of time frames and conditions, and to establish

the administrative penalties and punishments applicable

for any breach of the law.".

Passed by the House of Representatives at Sitting No. 340 of the

12th May, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€1.26