The regulation of medical cannabis in Malta : the way forward in the light of calls for an EU regulatory framework

Abstract

This dissertation takes, as its starting point, the definition and understanding of what constitutes medical cannabis and examines the early uses and the preliminary research that was carried out in different parts of the world. From the early days it was clear that cannabis was a very effective treatment for a number of illnesses. However, due to its classification as an illicit narcotic, it attracted stringent regulation. Although essential, when medical cannabis was first regulated, in-depth knowledge and understanding on the substance was severely lacking, resulting in regulations being either too stringent or too lax, or possibly even absent, limiting its medical potential. As a result, great reform was required in order to increase accessibility to the drug. This was very much the situation in Malta, and prior to the 2018 amendments medical cannabis was essentially omitted from Maltese legislation. Following these amendments, ‘The Production of Cannabis for Medicinal Research Purposes Act’ was enacted, allowing medical practitioners to prescribe the drug and at the same time generating a new industry in Malta. In recent years a number of Member States such as Malta, Germany and the Netherlands have made great strides with regard to the regulation of medical cannabis. However, due to disparities in regulation, there have been recent calls for a harmonised regulatory framework at EU level. This dissertation looks at the most prolific legislative frameworks regulating medical cannabis and seeks to establish which provisions an EU wide policy on medical cannabis could comprise.