AUTHORITY ON THE RESPONSIBLE USE OF CANNABIS ACT

CHAPTER 628

AUTHORITY ON THE RESPONSIBLE

USE OF CANNABIS ACT

AN ACT to establish the Authority on the Responsible Use of Cannabis and

to amend various laws relating to certain cannabis activities.

ACT LXVI of 2021, as amended by Act XII of 2025.

18th December, 2021

The short title of this Act is the Authority on the

Responsible Use of Cannabis Act.

PART II

Authority on the Responsible Use of Cannabis

The provisions of this Part provide for the establishment of the

Authority on the Responsible Use of Cannabis.

In this Act, unless the context otherwise requires

"Authority" means the Authority on the Responsible Use of

Cannabis established by this Act;

"Minister" means the Minister responsible.

(1)

There shall be established a body to be known as the

Authority on the Responsible Use of Cannabis.

(2) Subject to the provisions of this Act and of any other law, it

shall be the function of the Authority to regulate the use of cannabis

for purposes other than medical or scientific purposes and to carry out

work, including as defined in sub-article (3), to implement harm

reduction from the use of cannabis. The Authority shall also assist

other law enforcement and regulatory authorities in the fight against

crime in the field of dangerous drugs.

(3)

Without prejudice to the generality of its functions as

detailed in sub-article (2) the Authority shall have the following duties

and functions and may

AUTHORITY ON THE RESPONSIBLE USE OF CANNABIS

(a)

submit proposals and recommendations to the

Government concerning a national policy on the responsible

use of cannabis that will take due account of the specific

situation and requirements of Malta from time to time;

(b)

participate in the national planning process

relating to social policy and dangerous drugs policy;

(c)

monitor the use of cannabis in Malta, other than

use for medical or scientific purposes, either directly or through

the commissioning of surveys and other professional studies;

(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;

(e)

organise or promote educational campaigns on

the responsible use of cannabis based on scientific facts and on

the aim of harm reduction also giving clear and impartial

information on the risks and other elements of cannabis use

with reference to age and with appropriate content, whilst

promoting open dialogue on the subject;

(f)

organise or promote the training of officials

working with cannabis users;

(g)

give advice on cannabis related matters and to

perform any other task related to the analysis of cannabis use as

the Minister may from time to time request;

(h)

undertake periodic reviews of educational

programmes and structures concerned with cannabis activities

and of policies relating to cannabis, to recommend

improvements in such programmes and policies and to identify

sources for the training of persons in relevant fields of activity

so as to ensure the continued availability of suitably qualified

personnel;

(i)

administer any budgetary allocation as may be

assigned to it for purposes related to the responsible use of

cannabis or such other purposes as may be linked to such

budgetary allocation;

(j)

promote

effective

communication

and

coordination with government entities and non-governmental

organisations working with cannabis users or involved in the

formulation of policies related to cannabis;

(k)

identify overseas developments related to

cannabis use that are of direct interest and relevance to Malta;

(l)

set up databases and obtain access to international

databases in the field of cannabis use;

(m) act as a contact point with respect to various

regional, interregional and international organisations and to

organise participation in seminars, conferences and in action

groups and working groups of relevance to Malta’s interests in

the field of activity of the Authority;

(n)

set up networks of professional persons and

organisations to assist in the formulation of policies, and the

implementation of programmes, and to monitor areas of

importance related to responsible cannabis use of interest to

Malta;

(o)

carry out any other function not covered by the

preceding paragraphs of this sub-article related to the

responsible use of cannabis as may be delegated to it by the

Minister;

(p)

carry out any other function ancillary or

conducive to the functions, duties, and aims of the Authority;

(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.

(4) The Authority shall be a body having a distinct legal

personality from that of the Government and shall be capable, subject

to the provisions of this Act, to enter into contracts, to hold and

dispose of property of any kind for the purpose of its functions, to sue

and be sued and to enter into all such other transactions as are

incidental or conducive for the proper performance of its functions.

(5)

The Authority shall consist of a Board and of a Directorate.

(6) The legal and judicial representation of the Authority shall

vest in the Chairperson

Provided that the Board of the Authority may appoint the

Chief Executive Officer or any one or more of the members of the

Directorate staff to appear in the name and on behalf of the Authority

in any judicial proceedings and in any act, deed, contract or instrument

or other document whatsoever.

(7) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairperson on behalf of the

Authority shall be received in evidence, and shall unless the contrary

is proved, be deemed to be an instrument made or issued by the

Authority.

(1)

The Board of the Authority shall consist of a

Chairperson and of from four (4) to eight (8) other members appointed

by the Minister from amongst persons who in the opinion of the

Minister have experience and knowledge of the field of activity of the

A u t h o r i t y, o r e x p e r i e n c e i n t h e f i e l d o f n o n - g o v e r n m e n t a l

organisations, or other regulatory experience, or who are qualified in

sciences or have experience in research or who have experience as

educators or in the exercise of the legal profession of advocate, or

persons who in the opinion of the Minister represent the wide

perspective of the various opinions of the stakeholders in the sector.

(2)

One of the members of the Board of the Authority shall be

appointed by the Minister as Deputy Chairperson. The Deputy

Chairperson shall have all the powers and perform all duties of the

Chairperson during the absence of the Chairperson or during any

period where the Chairperson cannot perform his function for any

other cause, or during any vacancy in the office of the Chairperson.

(3) The Board may act notwithstanding any vacancy in its

composition or during the absence of any of its members as long as the

Chairperson or the Deputy Chairperson and any two (2) other

members are present.

(4) A person shall not be qualified to be appointed, or to

continue to hold office, as a member of the Board if he is

(a)

interdicted or incapacitated;

(b)

has been declared bankrupt; or

(c)

has been found guilty of an offence in Malta or

abroad other than

(i)

an offence of an involuntary nature; or

(ii)

an offence liable to the punishment

established for contraventions.

(5) For the purpose of paragraph (c) of sub-article (4) a person

who has been found guilty of an offence as specified in that paragraph

shall still be disqualified to hold office notwithstanding that any

punishment awarded has been suspended or such person has been

conditionally released or put under probation without the infliction of

any penalty or such person has been sentenced according to the

Probation Act without the infliction of any penalty.

(6) The Chairperson and the Deputy Chairperson and the other

members of the Board shall be appointed for a term of three (3) years

and may be reappointed.

(7)

The members of the Board shall receive such remuneration

as the Minister may determine upon their appointment.

(8)

The Minister shall appoint a person being an advocate or a

legal procurator or a public officer to act as Secretary to the Board.

(1)

The Board shall be responsible to establish the policy

to be adopted by the Authority in the exercise of its functions under

this Act. In establishing such policy the Board shall give due

consideration to Government policy, to the requirements of public

order and public health and to the rights and freedoms of the individual

on a democratic society.

(2) The Board shall be responsible to ensure that the Authority

carries out its functions in accordance with this Act and in accordance

with any policy established by it.

(3) The Board may from time to time, if it thinks fit, make

general rules for the guidance of the Directorate in the exercise of its

functions under this Act, and may at any time revoke or vary such

rules.

(4) The Board shall also verify and approve the accounts of the

Authority and the draft estimates and the financial plans of the

Authority, prepared by the Chief Executive Officer before their final

submission to the Minister in accordance with this Act.

(5) The Board shall be kept informed by the Chief Executive

Officer on the general running of the Authority.

(6)

Notwithstanding the other provisions of this Act the

Minister may decide that for any determined period the overall

management, the executive action, the administration and organisation

of the Authority and the administrative control of its officials and

employees shall be vested in the Chairperson who in such a case shall

during such period also perform all the functions and responsibilities

granted by this Act to the Chief Executive Officer.

(7)

The decision of the Minister referred to in sub-article (6) shall

be given in writing in the letter of appointment of the Chairperson or at a

later stage in the case that the office of Chief Executive Officer is

vacant. When an appointment is made as provided in sub-article (6) the

Chairperson shall be styled as the Executive Chairperson and the

conditions of employment of the person occupying such office shall be

determined by the Minister.

(1)

The Directorate of the Authority shall consist of the

Chief Executive Officer, who shall be the director of the Authority, a

Deputy Director and such other officers and employees of the

Authority as may be engaged by the Authority from time to time.

(2)

The Chief Executive Officer shall be in charge of the overall

management and executive action of the Authority and shall keep the

Board informed on the general running of the Authority and of the

result of the operations of the Authority.

(3)

The Chief Executive Officer shall be appointed by the

Minister, after consultation with the Board, for such period and on

such terms as the Minister may, in consultation with the Board,

determine.

(4)

The Deputy Director and the other officers and employees

of the Directorate shall be selected by the Chief Executive Officer and

engaged by the Authority in accordance with such procedures and on

such terms as the Board may from time to time determine.

(5)

The Authority may also act through such contractors as it

may from time to time engage

Provided that such contractors shall at all times act in

accordance with such instructions as may be given to them by the

Chief Executive Officer.

(6)

The Chief Executive Officer and the Directorate staff shall

for all purposes of the Criminal Code be considered as public officers,

and shall be afforded all protection and may incur all liability as such.

(7)

The Chief Executive Officer and the Directorate staff shall,

subject to any contrary provision in this Act or in any other law, abide

by any code of ethics applicable to public officers

Provided that nothing in this sub-article may be deemed to

preclude the Board to make further rules regulating the conduct of the

Chief Executive Officer and of the Directorate staff to supplement any

such Code of Ethics.

(1)

The Board shall meet at least ten (10) times a year so

however that the Board shall ensure that the period of time between

one meeting and another shall not exceed six (6) weeks. Other

meetings of the Board shall be convened as may be necessary.

(2)

The Secretary to the Board shall take minutes of decisions at

its meetings. The minutes shall be signed by the Secretary and the

Chairperson.

(3) The meeting of the Board shall be chaired by the

Chairperson or in his absence the Deputy Chairperson.

(4) Decisions of the Board shall be adopted by a simple

majority of votes of the members present and voting, and in the event

of an equality of votes the Chairperson, or where the meeting is

presided by the Deputy Chairperson, the Deputy Chairperson shall

have and exercise a second or casting vote. The quorum at Board

meetings shall consist of three (3) members.

(5) Without prejudice to the provisions of sub-articles (6) and (7)

of article 5 the Chief Executive Officer shall be entitled to attend the

meetings of the Board and to take part in the discussions. The Board

may invite any other member of the Directorate staff to attend meeting

of the Board and to participate in the discussions. The Chief Executive

Officer and any member of the Directorate staff taking part in any

discussion of the Board of the Authority shall not have a vote in the

meetings in which they participate

Provided that the Chairperson may, if he considers it proper

so to do, at any time exclude the Chief Executive Officer or any

member of the Directorate staff invited to attend at a meeting of the

Board from any meeting or part thereof.

(6) Any participation in a meeting of the Board of a person not

entitled to be present shall not invalidate the proceedings of the

meeting nor shall such proceedings be invalidated if it is subsequently

discovered that a person acted in good faith as a member and a defect

in his appointment or qualification is afterwards discovered.

(7) A week’s notice shall be given to the members of the Board

of any meeting thereof

Provided that in case where an urgent situation arises and

decisions are to be taken forthwith, decisions taken by at least two (2)

members of the Board, one of whom being the Chairperson or the

Deputy Chairperson, shall be valid as if taken by a meeting of the

Board regularly convened with proper notice.

(8) Subject to the other provisions of this Act, the Board shall

regulate its own proceedings.

Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall be

made by the Authority. The terms and conditions of employment shall

be established by the Authority with the concurrence of the Minister.

The Authority shall appoint and employ, at such

remuneration and upon such time terms and conditions as it may

determine, such officers and employees of the Authority as may from

time to time be necessary for the due and efficient execution of the

functions of the Authority.

(1)

The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with effect

from such date as may be specified in the Prime Minister’s direction.

(2)

The period during which a direction as aforesaid shall apply

to any officer specified therein, shall, unless the officer retires from the

public service, or otherwise ceases to hold office at an earlier date, or

unless a different date is specified in such direction, cease to have

effect after one year from the effective date of such direction unless

the direction is revoked earlier by the Prime Minister.

(1)

Where an officer is detailed for duty with the

Authority under the provisions of article 10, such officer shall, during

the time in which such direction has effect in relation to him, be under

the administrative authority and control of the Authority but he shall

for other intents and purposes remain and be considered and treated as

a public officer.

(2)

Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid

(a)

shall not during the time in respect of which he is

so detailed

(i)

be precluded from applying for a transfer

to a department of the Government in accordance with

the terms and conditions of service attached to the

appointment under the Government held by him at a date

on which he is so detailed for duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than those

which are attached to the appointment under the

Government held by him at the date aforesaid or which

would have become attached to such appointment,

during the said period, had such officer not been detailed

for duty with the Authority; and

(b)

shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pensions Act and of

any other right or privilege to which he would be entitled, and

liable to any liability to which he would be liable, but for the

fact of his being detailed for duty with the Authority.

(3)

Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4)

The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an officer detailed for duty with the Authority as aforesaid

during the period in which he is so detailed.

(1)

The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority under

the provisions of article 10 permanent employment with the Authority

at a remuneration and on terms and conditions not less favourable than

those enjoyed by such officer at the date of such offer.

(2)

The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3)

Every officer who accepts permanent employment with the

Authority offered to him under the provisions of sub-article (1) shall

for all purposes other than those of the Pensions Ordinance and of the

Widows’ and Orphans’ Pensions Act, and saving the provisions of

sub-article (6), be deemed to have ceased to be in service with the

Government and to have entered into service with the Authority on the

date of his acceptance, and for the purposes of the said Ordinance and

of the said Act, so far as applicable to him, service with the Authority

shall be deemed to be service with the Government within the

meanings thereof respectively.

(4)

Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue

to be so entitled to benefit thereunder to all intents as if his service

with the Authority were service with the Government.

(5)

The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an officer who has accepted performance of employment

with the Authority as aforesaid during the period commencing on the

date of such officer’s acceptance.

(6) (a)

For the purposes of this article posts and salary

grades with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government of Malta by reference to job description, skills,

responsibilities and other analogous factors.

(b)

The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairman appointed by the

Ministry responsible for finance and two (2) other members, one

appointed by the Ministry responsible centrally for personnel policies

in the public service and one appointed by the Authority. The

classification shall be subject to the final approval of the Minister

responsible for finance.

(c) Such classification shall take place within three (3) months

of any adjustment of salaries of employees in Government service and,

or, of employees of the Authority.

(d) No post shall be classified in a grade higher than that of a

Grade 3 in the service of the Government or such other grade that the

Minister responsible for finance may from time to time by notice in the

Gazette determine.

(e)

Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be entitled to rights

under the said Pensions Ordinance less favourable than those to which

he would have been entitled prior to such classification.

(1)

In the exercise of his functions under this Act, the

Chief Executive Officer and any member of the Directorate staff,

authorised by him, shall have power to seek and obtain from any

public authority any information with regard to any person or with

regard to any matter, which is relevant to the functions of the

Authority and the public authority in possession of such information

shall, saving the provisions of any other law, be obliged to give the

Chief Executive Officer or any such member all information so

requested

Provided that where any public authority has acquired

information from any person or authority in any State other than Malta

through the operation of any treaty or arrangement with such other

State to which Malta is a party, and such treaty or arrangement

provides that any information passed through the operation of such

treaty or arrangement may not be divulged to any other person except

with the consent of the person passing the information requested, the

person from whom the information is requested may withhold the

information if such consent is not given.

(2)

The information referred to in sub-article (1) shall be

provided within such time not more than thirty (30) days from the date

of receipt of the request

Provided that after good cause being shown to the Chief

Executive Officer, such period may be extended by the Chief

Executive Officer for such other period or periods as he may deem

reasonable.

The financial year of the Authority shall begin on the first

day of January and end on the thirty first day of December

Provided that the first financial year of the Authority shall

commence on the date of coming into force of this Act and shall end

on the 31st day of December of the following year.

(1)

The Chief Executive Officer shall, not later than

sixteen (16) weeks before the end of each financial year, submit to the

Board of the Authority estimates of the income and expenditure of the

Authority for the following financial year.

(2) In the preparation of such estimates the Authority shall

endeavour to ensure that the sums to be allocated to the Authority are

at least sufficient to meet all sums properly chargeable to its income

and expenditure accounts including, but without prejudice to the

generality of that expression, depreciation.

(3) The estimates shall be made out in such form, and shall

contain such information, and such comparisons with previous years,

as the Board may direct.

(4) Not later than three (3) weeks from the receipt of such

estimates from the Chief Executive Officer, the Board shall consider

such estim ates and shall transmit the same with or without

amendments to the Minister for his approval.

(5) Before the end of the financial year, the Minister shall

approve and adopt such estimates with or without amendments.

(6) If in respect of any financial year it is found that the amount

so approved is not sufficient or a need has arisen for expenditure for a

purpose not provided for in the estimates, the Chief Executive Officer

shall cause supplementary estimates to be prepared and to be sent

forthwith to the Board for transmission to the Minister for his

approval, and in any such case the provisions of this article shall as far

as practicable apply to the supplementary estimates.

The Minister may, acting in accordance with an

appropriation Act, make advances and provide such funds to the

Authority for carrying out its functions under this Act, in accordance

with such estimates approved in accordance with article 15.

The Authority shall keep proper books of accounts in such

manner as the Minister, following consultation with the Minister

responsible for finance, may from time to time direct. Such accounts

shall be audited by auditors appointed by the Board of the Authority

with the concurrence of the Minister from among persons qualified to

be appointed as auditors of a company in accordance with such law

which will be from time to time in force in Malta. Such accounts shall

moreover be subject to audit by the Auditor General.

(1)

The Board shall as soon as may be but not later than

three (3) months after the close of each financial year, transmit to the

Minister an annual report consisting of

(a)

a copy of the annual accounts certified by the

auditors; and

(b)

a report on the operations of the Authority during

the previous financial year.

(2)

The annual report shall be laid on the Table of the House by

the Minister not later than six (6) weeks after its receipt, or where the

House is during that period not in session, not later than the second

week after the House reconvenes.

The Authority, the Board, the Chief Executive Officer and

members of the Directorate staff shall not be liable for damages for

anything done or omitted to be done in the discharge or purported

discharge of any function under this Act unless the act or omission is

shown to have been done or omitted to be done in bad faith or through

gross negligence.

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

h i m b y a rt i c l e 7 A o f t he D r u g D e p e n d e n c e ( Tr e a t m e n t n o t

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.