The Authority for the Responsible Use of Cannabis (ARUC) recently announced significant updates to its regulatory framework, with amendments to several key directives. To understand what will change, we spoke to Dr Joey Reno Vella, the Authority’s Executive Chairperson.

First, it is important to explain that the ARUC was established by Chapter 628 of the Laws of Malta in 2021. The Authority ensures the responsible use of cannabis as a national effort to shift away from punitive enforcement attitudes towards a mentality that promotes physical and social health. While the Authority remains firm in discouraging the use of cannabis, it allows restricted access to cannabis through responsible and legal regulation. The ARUC also handles the licensing of non-profit associations that cultivate and distribute cannabis, in addition to providing education on the subject.

Given that the Authority’s directives are still relatively new, why are changes being introduced?

Dr Vella explained that the reform on the responsible use of cannabis is not static but dynamic. “It has a legal obligation to implement changes to ensure that, apart from creating a robust framework, we continue to improve the rules for the benefit of citizens,” Dr Vella stated. He added that, where there is room for improvement, especially as time passes and the Authority gains experience, it will continue to build on its own directives. “If there is room to reach new horizons as an authority, we should not be afraid to make changes,” said the lawyer.

The updates are designed to enhance the performance of associations in reducing cannabis-related harm, while ensuring they adhere to the highest standards of cultivation and distribution. The changes introduced affect various directives at different levels, with the aim of improving the operation and efficiency of associations.

What will change?

He explained that among the changes, there are technical improvements, including more stringent quality controls to prevent contaminated products. Strict limits have been imposed against mould and bacteria, which must be met during final product testing in accredited laboratories. This ensures the product is safe and of high quality. ARUC defines good quality as free from excessive chemicals, contaminants, or harmful pesticides.

Another technical change is that the Authority will only permit cultivation in completely enclosed and secure areas to maintain strict control over cannabis cultivation and production. Cultivation outdoors will no longer be allowed, except in fully enclosed structures such as greenhouses, due to exposure to pollutants, pesticides, and animals like rodents.

When asked if this impacts current operators, Dr Vella noted that no operators currently cultivate entirely outdoors. All licenses so far have been for indoor cultivation, with one exception for a greenhouse. “This reflects the understanding among associations that closed environments yield the highest quality product,” he added.

Other changes involve testing the quality of water used for cultivation purposes, particularly from ponds or wells. Those using water from these sources must conduct water quality tests to ensure it is free from contaminants.

Dr Vella also highlighted the requirement for basic sanitary facilities at operating sites, whether for cultivation or distribution. This includes handwashing facilities and sanitizers to maintain hygiene standards.

“These controls may seem stringent to those unfamiliar with them. When handling plants, we don’t typically wear gowns and masks. However, to ensure cannabis plants are free from contaminants, rigorous processes are necessary,” explained Dr Vella.

The Authority ensures that its regulated products are much safer than those found on the illegal market. Regarding harm reduction from cannabis use, the Authority mandates that associations hold more frequent and educational meetings with their members. This ensures members have a safe and supportive space to express themselves and share their experiences.

“We aim to create a sense of community where individuals don’t feel stigmatised for their use of cannabis,” said Dr Vella.

Regarding the directive concerning the primary roles of associations, new rules have been implemented to increase oversight on employees, ensuring that required standards and documentation are consistently met and maintained. There are five categories of licences available for application. The smallest category includes 50 members, while the largest comprises 500 members. In categories covering larger numbers, key roles must be occupied on a full-time basis.

At the governance and dministration level, the Authority has introduced new regulations aimed at strengthening the community concept within these associations. This includes enhancing the empowerment of members by better regulating the electoral processes for contesting key positions within the association.

“The association belongs to its members. It’s not about a select few who establish it; formally, the members are the owners. This distinction further separates commercial enterprises controlled by a few individuals from these associations, where ownership rests with the members themselves. The requirement for annual elections underscores the principle of checks and balances,” elaborated the CEO.

Hence, not only does the Authority regulate the association, but its members also oversee it. If members are dissatisfied with its operations, they have a voice and can remove someone from a role. This ensures that no one acts for personal gain but in the collective interests of the members.

As part of this approach, the election procedure will be revised. Members will be notified three months before elections, allowing those interested to nominate themselves for key roles. The authority will conduct due diligence to ensure nominees have genuine intentions. Associations are obligated by the spirit of the law to operate in the best interests of their members, without seeking profit.

How many associations are there currently?

ARUC has announced the issuance of a new licence, bringing the total number of licensed associations for cannabis harm reduction to eight. Dr Vella explained that only associations listed on the ARUC website are authorised to cultivate and distribute cannabis under a closed membership system.

That smell of cannabis

When asked about public concerns regarding the smell of cannabis in their neighbourhoods, Dr Vella acknowledged the issue as a reality they are addressing. He stressed that public consumption of cannabis is strictly prohibited by law and cannot be justified under any circumstances. The Authority conducts educational campaigns to reinforce this message, emphasising that consumption must occur in private settings.

Dr Vella highlighted the proximity of properties in the country as a challenge that cannot be ignored. He stressed the importance of responsible consumption, including ethical considerations to avoid causing discomfort to others. Additionally, he clarified that smoking cannabis in the presence of minors is explicitly prohibited by law.

Dr Vella noted that both can be bothersome and harmful, but enforcement of laws is not within the Authority’s jurisdiction. However, they collaborate with the Police where applicable.

Regarding enforcement, Dr Vella raised the question of practicality and fairness, comparing the enforcement of cannabis laws with other potential nuisances like strong smells of tobacco. He urged consideration for others and minimising disruptions to neighbours.

In conclusion, Dr Vella reminded us of the importance of balancing personal freedoms with respect for community well-being, advocating for responsible behaviour in both private and public spaces.

Photo: Kindel Media