By Steven Voser


In December 2021, Malta became[1] the first European nation to legalize the recreational use of cannabis.

In this article, we’ll take an in-depth look at Legal Notice 478, which exercises Malta’s 2021 Authority on the Responsible Use of Cannabis Act. We’ll teach you exactly what the act allows, what it doesn’t, some key events that led to its acceptance by President Vella and a majority of Maltese MPs, and the impact it might have on the legalization movement across Europe.

Understanding Malta’s Cannabis Law

Malta’s Authority on the Responsible Use of Cannabis Act was signed into law on Saturday, December 18th, 2021. While the law didn’t fully legalize weed, it did mark some clear legal parameters allowing people over 18 years old to carry and grow limited amounts of cannabis.

Under the new act, people 18 years or older can now legally:

✔️ Carry up to 7 grams of cannabis.
✔️ Grow up to 4 plants at home. This limit applies per household, not per person, and the plants must not be visible to the public.
✔️ Shop up to 50 grams of cannabis.
✔️ Apply to have any charges for cannabis possession expunged from their criminal record.
✔️ Establish organisations (i.e. cannabis clubs) with other individuals that serve the sole purpose of growing and distributing cannabis among the organisation’s members.

The law autumns under the scope of the Ministry for Equality, Research, and Innovation. The Authority on the Responsible Use of Cannabis will be charged with upholding and amending the law if necessary.

  • Malta’s Take on Cannabis Clubs

As noted above, Malta’s new cannabis legislation allows adults to form cannabis clubs dedicated solely to supplying its members with cannabis. This is so cannabis users who cannot or choose not to cultivate their own cannabis have ways to access it legally.

Under Malta’s new weed law, cannabis clubs must abide by the following restrictions:

⚠️ Cannabis organisations must be run as nonprofits.
⚠️ Only individuals can be registered as the owners of a cannabis organisation.
⚠️ Cannabis organisations must be located at least 250 metres from a school.
⚠️ Organisations can’t have more than 500 members.
⚠️ Cannabis organisations can sell their members up to 7g of cannabis per day, and 50g per month.
⚠️ Cannabis organisations can sell their members up to 20 cannabis seeds per month to facilitate the home cultivation of cannabis.

All cannabis organisations must register with the Authority on the Responsible Use of Cannabis, and report to it every three months. Memberships to cannabis organisations are to be kept anonymous.

Malta’s Take on Cannabis Clubs

What Doesn’t Malta’s Cannabis Law Allow?

The Responsible Use of Cannabis Act also marks clear legal parameters for people operating outside its restrictions. These include:

❌ Anyone caught carrying between 7–28g of cannabis must appear at a tribunal, which may impose a fine of up to €100.
❌ Smoking cannabis in public remains illegal. Anyone caught smoking in public will have to appear in front of a justice and may be fined up to €235.
❌ Any adult caught smoking cannabis in front of a child (either in public or private) may be fined up to €500.
❌ Minors caught in possession of cannabis will not be arrested. Instead, they shall be referred to a justice commission to establish a “care plan”.

Based on the information made available by the Maltese government and media reports, some obvious aspects of the new cannabis policy remain unclear.

For example, the Authority on the Responsible Use of Cannabis Act doesn’t seem to specify the sanctions that apply to people caught in possession of more than 28g of cannabis, storing more than 50g of cannabis at home, or growing more than four plants. It also doesn’t state what actions will be taken against cannabis associations that do not comply with the act’s regulations.

What Was Malta’s Stance on Cannabis Prior to 2021?

Prior to 2021, Malta had already made some minor changes to its cannabis policy. In 2015, for example, the country decriminalised the possession of up to 3.5g of cannabis.

First-time offenders caught possessing more than this limit could be fined between €50–100, while repeat offenders were forced to appear in front of a Drug Offender’s Rehabilitation Board, which could sanction the individual to rehabilitation. Failure to comply with the rehabilitation programme would be considered a criminal offence.

In 2015, Malta also approved the prescription use of Sativex—a cannabinoid-based pharmaceutical containing THC and CBD. Then, in March 2018, Maltese president Marie-Louise Coleiro Preca signed into law the Production of Cannabis for Medicinal and Research Purposes Act, which also approved the prescription use of medical cannabis.

What Was Malta’s Stance on Cannabis Prior to 2021?

How Does Malta’s Law Compare to That of Other European Countries?

The Netherlands is obviously extremely well-known for its lax cannabis laws, which attract millions of tourists from around the world every year. However, cannabis actually remains a controlled substance in Holland; its use and sale via coffeeshops are just tolerated by police. Hence, most of the operations going on inside Holland’s coffeeshop scene occur in a kind of legal grey area where they are tolerated, but technically still illegal.

In recent years, Spain has also become a hotspot in the European cannabis scene due to the rising number of cannabis social clubs popping up around the country, especially in Barcelona. Like Holland’s coffeeshops, Spain’s cannabis clubs also operate within some legal grey areas.

Spanish law prohibits the cultivation of cannabis for personal use, but not the consumption of cannabis on private property.

Self-consumption is therefore not criminally punishable, nor the use of cannabis in the company of other people, in closed spaces away from the general public. Cannabis clubs exist (and are allowed to continue operating) under the law of personal choice, freedom, and social consumption in a private property. Some laws are being created in the process, allowing cultivation, transport and social use of the herb, always in a discrete manner and away from public health.

In order to operate without breaking any laws, Spain’s cannabis clubs are run as nonprofits, and provide their members with small amounts of cannabis in exchange for an annual fee, which is to cover the costs associated with cultivation. There is, however, no clear legislation that dictates what constitutes a member of a cannabis club or the amount of weed they are legally entitled to.

More recently, other European nations have announced that they would revisit their cannabis legislation. Luxembourg legalized medical cannabis use in 2018, and also announced plans to legalize the plant’s recreational use that same year. Then, in 2021, the Luxembourg government followed up by announcing a plan[2] that would allow adults to grow and consume cannabis within their own homes, as well as buy cannabis seeds locally or import them from other countries.

In 2021, Germany also rekindled talks of legalizing cannabis. Germany’s government, now led by Chancellor Olaf Scholz, stated it was open to legalizing cannabis to some degree, allowing, for example, the controlled sale of cannabis to adults for recreational purposes. This would complement the medical cannabis programme that has been in place in Germany since 2017.

Finally, Malta’s neighbour Italy also came close to legalizing cannabis use in 2021, through a legalization referendum that was presented to the Italian Supreme Court on January 22, 2022, and ruled inadmissible by the Constitutional Court on February 16th.

We will have to wait and see how Malta’s decision to legalize recreational cannabis affects the rest of Europe. Given that legalization is a hot topic for many governments around the world, we can only expect countries like Luxembourg, Germany, and Italy to pay close attention to how Malta’s framework holds up.

External Resources:
  1. It's official: recreational cannabis reform is now law https://timesofmalta.com
  2. Luxembourg to legalise growing and using cannabis at home https://www.euronews.com
Disclaimer:
This content is for educational purposes only. The information provided is derived from research gathered from external sources.

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Privacy Policy - Royal Queen Seeds

To ensure a safe online environment and guarantee adequate data protection, we strictly comply with all legal requirements. In this privacy statement, we provide information about how and for what purpose data is collected, safety measures, storage periods and contact details.


COMPANY NAME: SNORKEL SPAIN, SL (hereinafter ROYAL QUEEN SEEDS)

C/ Vilar d'Abdelà, 5 (nave 1) CP: 08170 de Montornès del Vallès

+34 937 379 846

support@royalqueenseeds.com


The present Privacy Policy sets out the terms on which we will treat personal data at ROYAL QUEEN SEEDS; this includes any personal data collected through our website https://www.royalqueenseeds.com/ as well as any other data we process in the course of our business activities.

ROYAL QUEEN SEEDS collects the following personal data for the purposes listed below:

SECTION 1 – PERSONAL INFORMATION WE COLLECT

1.1 Account purchases

Account purchases can only be made if you are in possession of a personal account. When you create an account or purchase something from our shop, as part of the buying and selling process we collect the following personal information that you provide to us:

This information is required for delivery. In addition, when you browse our shop, we automatically receive the Internet Protocol (IP) address of your computer. Based on this information, we can optimise your online experience and at the same time protect our online environment.

Purpose of data collection

We collect and store account-related data for the following purposes:

(a) to carry out obligations arising from any contracts between you and us, and to provide you with information, products and services that you may request from us;

(b) to set up, manage and communicate with you about your account and your orders;

(c) to conduct market research and analysis;

(d) to confirm your age and identity, and to detect and prevent fraud.

1.2 Newsletters

With your explicit permission, we may send you newsletters about our shop, new products and other updates. We send newsletters based on your explicit consent. In the event that you purchase a product, and in accordance with current regulations, we may send you commercial communications in accordance with the legitimate interest of our company, always about products or services similar to those you have purchased or contracted. In any case, you may exercise your right of opposition through the channels announced in this Privacy Policy. The following information is collected in relation to the newsletter:

We do not need to know the sex of the person in order to send the newsletter (data minimisation: by law we must ask for data that is strictly necessary to provide the service, and in this case knowing the sex is not necessary to send the newsletter).

Purpose of data collection

The data collected is used to:

(a) personalise our emails, including your name and gender;

(b) provide gender-specific content.

You can withdraw your consent at any time by using the link provided in the newsletter or the contact information provided in section 2.

1.3 Customer service and contact form

In order to provide appropriate support, our customer service employees have access to information related to the account. Consequently, their support will be highly effective and friendly. The data provided in our contact form is used by our CRM provider, SuperOffice. We will only use your details to respond to your message.

SECTION 2 – LEGITIMATE INTEREST

If you have purchased any of our products, please note that we may process your personal data for promotional purposes, based on Royal Queen Seeds' legitimate interest only to offer you products or services from our company and about products or services similar to those you have purchased. You may exercise your right to opt out of future messages by the means set out in this Privacy Policy or through any notification you receive.

2.1 How do you withdraw consent?

If you change your mind, you can withdraw your consent for us to contact you for the purpose of collecting, using, or disclosing your data at any time by reaching out to us at: support@royalqueenseeds.com.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you breach our Terms of Service.

SECTION 4 – HOW LONG DO WE KEEP YOUR DATA?

At Royal Queen Seeds, we will not retain your data for longer than is necessary for the purposes described in this Policy. Different retention periods apply for different types of data; however, the longest period we will normally hold any personal data is 10 years.

4.1 Account information

Data relating to the account remains relevant for as long as the consumer is in possession of an account. Therefore, the data remains documented for as long as the account exists. When our customers delete an account, the associated data will be deleted within a reasonable period of time. Requests regarding the inspection or correction of stored personal data or the deletion of an account can be sent to support@royalqueenseeds.com.

4.2 Newsletters

In the event that you give us your consent to inform you about our products or services, we will keep your data until you express your wish not to receive any further communications from us. However, we regularly (every month) carry out a relevance check. Registered customers (and their personal information) will be deleted whenever customers do not reply to our request. In addition, our newsletter mailing has an opt-out feature. Consumers can withdraw their consent by using this opt-out feature.

SECTION 5 – COOKIES

Cookies are small information files that notify your computer of previous interactions with our website. These cookies are stored on your hard drive, not on our website. Essentially, when you use our website, your computer displays its cookies to us, informing our site that you have visited before. This allows our website to function more quickly and remember aspects related to your previous visits (such as your username), making your experience more convenient. At Royal Queen Seeds, we use two types of cookies: functional and analytical.

5.1 Functional Cookies

Functional cookies are used to enhance your online experience. Among other things, these cookies track what is added to your shopping cart. The use of these cookies does not require prior authorization.

5.2 Analytical Cookies

Analytical cookies are used for research and market analysis. The data collected with these analytical cookies is anonymous, making it unusable for third parties. The use of these cookies does not require prior authorization.

SECTION 5 – THIRD-PARTY SERVICES

Third-party services are required to conduct transactions and provide our services. In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to enable them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we must provide to them for your transactions.

We encourage you to read the privacy policies of these providers so that you can understand how these providers will handle your personal information.

In particular, certain suppliers may be located or have facilities located in a different jurisdiction than yours or ours. Therefore, if you choose to proceed with a transaction involving the services of a third party, your information may be subject to the laws of the jurisdiction in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms of Service of our website.

Web analytics service (anonymous data)

On this website we have integrated an element of a web analytics service (with anonymisation functionality). Web analytics can be defined as the gathering, processing and analysis of data about the behaviour of visitors to websites. An analytics service collects, among other things, data about which website a person came from (the so-called referrer), which sub-pages they visited or how often and for how long they visited a sub-page. Web analytics is mainly used for website optimisation and for a cost–benefit analysis of internet advertising.

Courier service

To complete deliveries we use a courier service. This courier service carries out the delivery between our company and the consumer's home. To complete these logistics, the company requires access to the consumer's name and address information.

Mailing service

Royal Queen Seeds uses a third-party mail service provider to send its newsletter. This provider has access to limited account information related to opt-in consent (e.g. email address).

Marketing services

Royal Queen Seeds has the support of a company that specialises in marketing and communication activities. Their access to personal information is very limited and mostly anonymous.

Payment services

At Royal Queen Seeds we use external payment services to handle our transactions (e.g. credit card payments).

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry standard best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored using AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional industry standards that are commonly accepted. Information related to the account is protected with a hashing method. This method transforms the information into a generated hash. As a result, confidential information is protected and invisible, even to us. In addition, our databases are exceptionally protected against unauthorised access. For example, access to the database is only possible and permitted via approved IP addresses (e.g. from Royal Queen Seeds headquarters). Other attempts and addresses are rejected at all times.

Furthermore, data is anonymised as much as possible, so it cannot be directly linked to a specific consumer. With this data, however, we may be able to carry out market research and analysis. In addition, the third parties concerned (e.g. mailing service) are examined prior to our collaboration, comply with the GDPR from the EU and receive a processing agreement. Within Royal Queen Seeds, employees are assigned different access permissions. Specific permission provides access only to information that is strictly required to perform a task. Digital security measures are subject to change and must meet high requirements to ensure the safety of online customers. That is why, at Royal Queen Seeds, we appoint a security officer. Regular verification and improvement of security measures (where necessary) are part of the role.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please check back regularly. Changes and clarifications will be effective immediately upon being published on the Website. If we make substantial changes to this policy, we will notify you here that it has been updated so you will know what information we collect, how we use it and under what circumstances, if any, we use and/or disclose it.

SECTION 8 – YOU HAVE THE RIGHT TO: