A new era in EU cannabis policy?

topic:	Rule of Law
editor:	Abby Klinkenberg

While the European Union is typically seen as one of the most progressive blocs in the global sphere, its cannabis policy remains woefully underdeveloped. Even as the majority (16) of the 27 EU nations have legalised cannabis for medical use, none have done so for recreational purposes - until this week. This move has the potential to turn the tide of official European attitudes towards recreational cannabis policy.

On 14 December, Malta became the first EU state to pass legislation legalising the use of cannabis for recreational purposes among adults. Under the bill, which was signed into law by President George Vella later in the week, citizens over 18 years of age will be able to enjoy a smoke within the privacy of their own homes. Adults will be able to possess up to seven grams (0.25 ounces) of cannabis and cultivate up to four cannabis plants in their homes.

Naturally, limitations remain in place to ensure responsible use: adults can be fined up to €500 for smoking in the presence of a child and a €235 fine will be enacted for the public consumption of cannabis.

In affording adults access to recreational cannabis, Malta’s new legislation gives hope to those who have been penalised for cannabis-related offences across the EU. In an op-ed for the Times of Malta, Maltese Minister for Equality, Research, and Innovation, Owen Bonniċi, outlined the logic behind the move: “we should put a stop to the arresting and taking to court of people who decide, out of their own volition, to make personal use of cannabis.”

He goes on to elaborate on Malta’s approach to relaxing cannabis-related restrictions with reference to internationally-backed harm reduction strategies, which “aim to minimise negative health, social and legal impacts associated with drug use, drug policies and drug laws,” according to the international NGO Harm Reduction International. Bonniċi continues, “if an adult, out of free volition, decides to make use of cannabis, he or she must have a safe and regularised route from where the cannabis can be obtained.”

Given the urgent need for cannabis policy reform among EU states, especially in terms of criminal justice reform, Malta’s commitment to this progressive approach is heartening.

This Maltese development is likely to be the first of many likely to come in the near future, especially since the governments of Luxembourg, Switzerland and Germany have recently committed themselves to legalising cannabis for recreational use. In October, Luxembourg announced its intention to relax its cannabis policy to allow for recreational use, though the country’s legislative bodies have yet to approve the measure. Similarly, in October, a Swiss parliamentary commission charged with investigating cannabis policy found that the drug should no longer be banned, which anticipates impending legislation. Last month, Germany’s new governing coalition (composed of the socialist SPD, liberal FPD, and environmentalist Green Party) agreed to legalise the recreational use of cannabis nationwide.

It should be noted that all of these developments have come within the past year, since the UN recently relaxed its classification of cannabis and officially recognised its medicinal uses in December 2020. However, the UN still maintains that it has “a similar degree of abuse and dependence potential as medicines such as morphine and oxycodone,” which, quite frankly, is absurd. While there’s still a long way to go when it comes to global cannabis policy reform, the EU - led by Malta - is certainly taking steps in the right direction.

Photo by Esteban Lopez

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