RESPONSIBLE USE OF CANNABIS (POSSESSION OF CANNABIS BY ASSOCIATIONS) REGULATIONS

CANNABIS BY ASSOCIATIONS)

SUBSIDIARY LEGISLATION 628.02

RESPONSIBLE USE OF CANNABIS (POSSESSION OF

CANNABIS BY ASSOCIATIONS) REGULATIONS

17th February, 2026

LEGAL NOTICE 45 of 2026.

(1)

The title of these regulations is the Responsible

Use of Cannabis (Possession of Cannabis by Associations)

Regulations.

(2)

The scope of these regulations is to implement limits on

the amount of Cannabis that may be held by associations established in

accordance with the provisions of article 7A of the Drug Dependence

(Treatment not Imprisonment) Act.

In these regulations, unless the context otherwise

requires

"administrator" means any person who is appointed or

elected to form part of the Board of Administrators of an

association to control and administer such association;

"association" shall have the same meaning as assigned to

it in regulation 5 of the Responsible Use of Cannabis

(Licensing of Organisations) Regulations and shall include an

"organization" in accordance with article 7A of the Drug

Dependence (Treatment not Imprisonment) Act;

"Authority" means the Authority on the Responsible Use

of Cannabis as established by article 3 of the Authority on the

Responsible Use of Cannabis Act;

"Cannabis" shall have the same meaning as assigned to it

in article 2(1) of the Dangerous Drugs Ordinance;

"category" means any one of the permit categories as

established in the First Schedule of the Responsible Use of

Cannabis (Licensing of Organisations) Regulations;

"cultivation site" means a property approved by the

Authority to be used by an association for the cultivation of

cannabis;

"distribution site" means a property approved by the

Authority to be used for the distribution of Cannabis to

members of an association.

Notwithstanding any of the provisions of these

regulations, the transportation of Cannabis shall only be carried out by

persons duly authorised in writing by the Authority for this purpose,

CANNABIS BY ASSOCIATIONS)

and as subject to such conditions and limits that may be imposed by

the Authority by means of a binding instrument or other written

direction. Any transportation of Cannabis effected without such prior

written authorisation, or in quantities in excess of the limits so

determined, shall be prohibited.

An association may retain a stock of Cannabis at the

distribution site, packaged and sealed as stipulated by the Authority by

means of a binding instrument or other written instruction, in amounts

which do not exceed those indicated in the Schedule.

An association may retain its remaining stock of

Cannabis at its cultivation site, as subject to such quantitative limits as

may, from time to time, be established by the Authority by means of a

binding instrument or other written direction. Any quantity of

Cannabis in excess of such limits shall forthwith be destroyed, and

both the storage of Cannabis and the destruction of any excess stock

shall be effected strictly in accordance with such procedures and

conditions as may be prescribed by the Authority by means of a

binding instrument or other written direction

Provided that the Authority shall, when determining the

amount of Cannabis that may be retained by an association, take into

account the size of the association and the demand from its members

Provided further that under no circumstance, shall an

association retain at its cultivation site a quantity of Cannabis

exceeding the equivalent of eight (8) months’ supply, calculated on the

basis of fifty grams (50g) per member per month, according to the

maximum number of members allowed under the category in which

the association was granted an operating permit.

(1)

The Court of Magistrates as a court of criminal

judicature shall be competent to take cognizance of the offences

stipulated in these regulations.

(2)

Any person or association who, in breach of regulation 3

transports Cannabis on behalf of an association without the prior

approval in writing of the Authority, or has in its possession Cannabis

in higher amounts than those authorised, shall be guilty of an offence

and shall upon conviction be liable to a fine (multa) of not less than

one thousand euro (€1,000) but not more than ten thousand euro

(€10,000).

(3)

Any person or association who, in breach of regulation 4,

holds a stock of Cannabis at the distribution site in amounts higher

than those permitted in the Schedule, shall be guilty of an offence and

shall upon conviction be liable to a fine (multa) of not less than two

thousand euro (€2,000) but not more than ten thousand euro (€10,000).

(4)

Any person or association who, in breach of regulation 5,

CANNABIS BY ASSOCIATIONS)

holds a stock of Cannabis at the cultivation site in amounts higher than

those permitted in regulation 5, or as stipulated in any binding

instrument or written instruction issued by the Authority, shall be

guilty of an offence and shall upon conviction be liable to a fine

(multa) of not less than five thousand euro (€5,000) but not more than

fifty thousand euro (€10,000)

Provided that where a person or association is found

guilty of an offence and the quantity of Cannabis stored in excess of

the maximum permitted in regulation 5, the fine (multa) shall be of not

less than twenty thousand euro (€20,000).

(5)

Without prejudice to the preceding sub-regulations, any

person, whether a member, officer, employee, administrator, or any

other individual acting for, through, or in connection with an

association, who participates in, authorises, consents to, or otherwise

engages in conduct constituting an offence under these regulations,

shall likewise be guilty of the said offence and shall upon conviction

be liable to the punishment prescribed for such offence as prescribed

in sub-regulations (2), (3) and (4).

(6)

For the avoidance of doubt, the liability established in

accordance with these regulations shall apply irrespective of whether

the conduct was carried out on behalf of, in collaboration with, or

independently of the association concerned.

(7)

The imposition of any punishment in accordance with

this regulation shall be without prejudice to any criminal proceedings,

action, or prosecution that may be instituted by any other competent

authority, including the Executive Police, under any other applicable

law, including but not limited to, the provisions of the Dangerous

Drugs Ordinance.

(8)

Without prejudice to any other proceedings that may be

instituted in accordance with any applicable law, the Authority may,

where it deems appropriate in the circumstances, proceed in

accordance with article 7C of the Drug Dependence (Treatment not

Imprisonment) Act, and may impose an administrative penalty as an

alternative to criminal proceedings for any offence in accordance with

these regulations.

CANNABIS BY ASSOCIATIONS)

Schedule

Stock of Cannabis that may be held at the Distribution Site

Category 1

three hundred and fifty grams (350g)

Category 2

seven hundred grams (700g)

Category 3

one kilogram and seven hundred and

fifty grams (1.75kg)

Category 4

two kilograms and four hundred and

fifty grams (2.45kg)

Category 5

three kilograms and five hundred grams

(3.5kg)