Cannabis activists are urging lawmakers to address what they say are gray areas in the recently enacted decriminalization that allows for the legal distribution of cannabis to registered ‘club’ members.
Defense group Releaf said the arrest of Pain Clinic doctor Andrew Agius, accused of importing cannabis, violated the law and had caused unnecessary harm to innocent people.
“Society is now witnessing a new weapon imposed on people who consume CBD. Deputies have the opportunity to rectify these human rights abuses and ensure better implementation of the basic principles included in the law. Further clarifications of the law will ensure that the spirit of a human rights-based approach and evidence of drug policy is enacted both on paper and on the ground. ”
The petition was filed by Releaf cannabis lobby group founder Andrew Bonello.
The Agius case revolves around the interpretation of a definition included in a December 2021 reform that effectively legalized the restricted use of cannabis for personal use. When Agius was indicted in court, prosecutors argued that since the CBD flower confiscated from him is part of the cannabis plant, it is a narcotic and is subject to confiscation and prosecution.
Releaf said the legal status of CBD, or cannabidiol, whose THC content is less than 0.2%, was in question and should be excluded from any criminal status.
In its petition to MPs, the group said the 2021 amendments to the Dangerous Drugs Ordinance stated that cannabis does not include seeds or cannabinoid products that do not contain more than 0.2% tetrahydrocannabinol (THC).
In 2020, the World Health Organization also said that CBD has no psychoactive properties and has no potential for abuse or addiction. Hemp, which is low in THC, is also a crop throughout Europe.
“In short, CBD has no potential for abuse, is allowed in the EU and has been identified in Maltese law as separate from cannabis with a higher THC content of 0.2%,” Releaf said.
“So the focus is on the THC content, not the physical appearance of the cannabis. However, several people are being arrested and charged with importing cannabis banned by the Dangerous Drugs Ordinance, even all when the THC content is less than 0.2%.
“The prosecutor completely ignores the amendments enacted in 2021 by which a definition of cannabis, in terms of a regulated substance, is based on THC levels (above 0.2% THC) and not on the appearance physical or other interpretations “.
Releaf urges MPs to urgently discuss a Greay Cannabidiol-Related (CBD) Greay and clarify its legal status for all its forms: flowers, hashish, edibles, oils, creams and extracts.