Towards a European Common Market The Process of Obtaining Medical Cannabinoid Products Eligibility Prescription Dispensing

an equal ratio of 1:1 (THC: CBD) There are a number of ways in which such medical cannabis can be administered; it may be (1) smoked, (2) eaten, (3) taken as liquid droplets sublingually, (4) applied on the skin in the form of a spray or oil, and (5) through vaporization.6 Smoking is the least preferred method due to the dangerous effects that are produced in the lungs during combustion, therefore, the most commonly advised method in Malta is that of vaporization. Vaporization entails the heating of the plant to a certain temperature in a specific device called a vapouriser, the chemical vapours are then inhaled. The temperature and dose may be increased by the medical professional administering the treatment.

Legal comparisons between Medical and Recreational Cannabis

There have been a number of legislative developments concerning cannabis in Malta over the past couple of years, most of which reflect a shift in mindset, away from the negative stigma surrounding cannabis and towards an ideology which is more accepting of the medical benefits of the cannabis plant, when used properly. That being said, and while Malta has now enacted a legislative framework controlling the use and cultivation of cannabis for medical purposes, the use and cultivation of cannabis for recreational purposes is still prohibited. The production and cultivation of Medical Cannabis is largely regulated by the Production of Cannabis for Medicinal and Research Purposes Act which came into force in April 2018. Said act enables certain licensed entities to cultivate, import as well as produce cannabis solely for medical and research purposes.7

With regards to recreational marijuana, there are more stringent laws currently in force. Our laws have ‘relaxed’ slightly over the years when it comes to marijuana for personal use, however illicit cultivation, which is not deemed for personal use remains a highly serious offence. The Drug Dependence (Treatment not Imprisonment) Act 2014 clearly stipulates that any individual found to have a prohibited drug in their possession for personal use will be tried in front of the Commissioner of Justice. In the case of cannabis, possession of less than 3.5 grams carries a fine ranging between 50 to 100 euro.8 Furthermore, for repeat offences involving cannabis or cannabis resin, the Commissioner for Justice should however only refer the convicted person to the Drug Offenders Rehabilitation Board (the ‘Board’) if, after considering the circumstances of the offence and of the offender, he is satisfied that there are reasonable grounds to believe that the circumstances of the convicted person give rise to a probability that he is abusing or is likely to abuse prohibited drugs other than cannabis or cannabis resin. The Board has the power to conduct the necessary examinations on the convicted individual and to issue the necessary orders for the purpose of assisting that person to come out of his drug dependence. Any individual who fails to appear before the Board when required and/or fails, without reasonable justification, to comply with an order issued by the Board, would be liable to a fine or even imprisonment for 3 months. However, when it comes to cultivation, any individual found in possession of one cannabis plant is not deemed to be liable to imprisonment. Article 7 of the Drug Dependence Act of 2014, formerly stipulated that

6Anne Harding, ‘Medical Marijuana’ (WebMD, 4 November 2013) <https://www.webmd.com/painmanagement/features/medical-marijuana-uses> accessed 3 April 2020 7Gerardo Fortuna, ‘MEP: EU framework on medical cannabis to give ‘peace of mind’ to patients’ (Euractiv, 24 November 2019) <https://www.euractiv.com/section/health-consumers/news/mep-eu-framework-on-medicalcannabis-to-give-peace-of-mind-to-patients/> accessed 3 April 2020 8Malta Drug Report 2019 - <http://www.emcdda.europa.eu/countries/drug-reports/2019/malta/drug-laws-anddrug-law-offences_en> accessed 4 April 2020