Is CBD Legal in Malta? Bill 128, THC Limits, and What Counts as “Legal CBD”

CBD oil dropper bottle and box with hemp leaf, Malta map, and legal symbol in background

Is CBD Legal in Malta? Bill 128, THC Limits & What Counts as Legal CBD (2026 Guide)

Malta was the first EU country to make CBD legal, but that doesn’t mean everything cannabis-related is automatically legal.

If you're wondering:

  • Is CBD legal in Malta?

  • Can tourists bring CBD into Malta?

  • Are CBD flowers allowed?

  • What changed with Bill 128?

  • Are HHC and “legal highs” actually legal?

You're not alone.

The legal landscape has evolved quickly, and confusion is common especially between CBD, THC cannabis, and synthetic cannabinoids.

This guide explains clearly and calmly what counts as legal CBD in Malta today whether you’re a resident, a patient, or visiting the island.

Last updated: 24/11/2025
Educational content only. Not legal or medical advice.


Why CBD Law in Malta Feels Confusing

Malta’s cannabis reform did three things at once:

  1. Allowed regulated adult-use THC cannabis under strict conditions

  2. Continued to regulate medical cannabis under prescription

  3. Clarified the legal position of non-psychoactive cannabinoids like CBD

Because all of these developments happened within a short period, public understanding hasn’t fully caught up.

The key change introduced by Bill 128 was clarity.

Instead of treating all cannabinoids the same, Maltese law now distinguishes between:

  • Non-psychoactive phytocannabinoids (CBD, CBG, CBC, CBDV)

  • Psychoactive cannabinoids (THC and related compounds)

  • Synthetic or semi-synthetic cannabinoids (HHC, Delta-8, etc.)

That distinction is what defines what is and is not legal CBD in Malta.


What Did Bill 128 Actually Change?

Bill 128 amended several existing laws, including:

  • The Dangerous Drugs Ordinance

  • The Authority on the Responsible Use of Cannabis Act (ARUC)

  • The Drug Dependence (Treatment not Imprisonment) Act

In practical terms, it:

  • Formally recognised non-psychoactive phytocannabinoids

  • Reinforced regulation of THC products

  • Closed loopholes around synthetic cannabinoids

  • Separated CBD products from narcotic cannabis classification (when compliant)

For consumers, the most important outcome is this:

CBD that meets legal conditions is not treated as narcotic cannabis under Maltese law.


The Three Cannabinoid Categories in Maltese Law

1️⃣ Non-Psychoactive Phytocannabinoids (Legal CBD Category)

These include:

  • CBD (Cannabidiol)

  • CBG (Cannabigerol)

  • CBC (Cannabichromene)

  • CBDV (Cannabidivarin)

They are plant-derived compounds that do not produce a “high”.

When properly formulated and compliant, they can be sold in Malta as:

  • Food supplements

  • Cosmetics

  • Wellness products

  • Vape products (subject to regulation)

This is what most people mean when they ask, “Is CBD legal in Malta?”


2️⃣ Psychoactive Cannabinoids (THC Category)

This includes THC and similar molecules.

THC remains regulated and is only permitted under:

  • Medical prescription pathways

  • Home cultivation within legal limits

  • Licensed non-profit cannabis associations regulated by ARUC

This is separate from the CBD market.


3️⃣ Synthetic & Semi-Synthetic Cannabinoids

This includes substances such as:

  • HHC

  • Certain Delta analogues

  • Lab-modified THC-like compounds

These are not considered legal CBD products in Malta and fall under stricter control.

Products marketed as “legal highs” are not part of the compliant CBD framework.


What Counts as Legal CBD in Malta?

For a product to qualify as legal CBD in Malta, all of the following must apply:

✅ 1. Cannabinoid Content

  • Primarily non-psychoactive cannabinoids

  • No more than 0.2% THC in the finished product

  • No synthetic or semi-synthetic cannabinoids

✅ 2. Regulatory Compliance

Depending on its format, it must comply with:

  • EU food and novel food regulations

  • Cosmetics regulations

  • Vape and e-liquid standards

  • Maltese product labelling laws

✅ 3. Proper Classification

If compliant, it is not treated as narcotic cannabis under the Dangerous Drugs framework.


Important for Tourists Visiting Malta

If you're visiting Malta:

  • CBD products compliant with EU law are generally permitted.

  • Always check THC content (must not exceed 0.2%).

  • Keep original packaging and lab reports if possible.

  • Do not confuse CBD with adult-use THC cannabis.

Bringing products from outside the EU may involve customs considerations.

If in doubt, buy from established local providers who understand Maltese regulations.


CBD vs “Legal Cannabis” in Malta

This is where many misunderstandings occur.

CBD Products

  • Non-intoxicating

  • ≤0.2% THC

  • Sold under wellness, supplement, cosmetic or vape frameworks

  • Not narcotic when compliant

Adult-Use THC Cannabis

  • Up to 7g possession allowed

  • Up to four plants at home

  • Available through licensed non-profit associations

  • Supervised by ARUC

These are two completely separate legal systems.

Cannabis Clinics Malta focuses on:

  • Medical cannabis guidance

  • Clinical-grade CBD

  • Education and compliance

We do not operate adult-use cannabis associations.


Are CBD Flowers Legal?

CBD-rich hemp flowers with ≤0.2% THC fall under the non-psychoactive phytocannabinoid category.

However:

  • They must comply with product and labelling regulations

  • They must not be marketed irresponsibly

  • Public consumption that causes nuisance may still create issues

As enforcement evolves, it is wise to:

  • Keep Certificates of Analysis (COAs)

  • Avoid public use that may create confusion

  • Purchase from reputable suppliers


What Is Not Legal CBD?

The following are not considered legal CBD in Malta:

  • Products exceeding 0.2% THC

  • Synthetic cannabinoids like HHC

  • Products marketed for intoxication

  • Products without lab testing or regulatory compliance

If unsure, always request:

  • A recent Certificate of Analysis (COA)

  • Clear THC percentage confirmation

  • Confirmation that no synthetic cannabinoids are present


How Cannabis Clinics Malta Can Help

Navigating cannabis law can be overwhelming, especially for patients and newcomers.

We provide:

  • Medical consultations for prescription cannabis pathways

  • Guidance on compliant CBD formats and dosing principles

  • Independently tested CBD oils, capsules, and topicals

  • Ongoing updates as Maltese and EU regulations evolve

Our goal is clarity, compliance, and responsible access.

Infographic explaining whether CBD is legal in Malta, highlighting Bill 128, the 0.2% THC limit, synthetic cannabinoid restrictions, and EU regulatory compliance.  


Final Thoughts

So, is CBD legal in Malta?

Yes, when it meets clear conditions:

  • Non-psychoactive

  • ≤0.2% THC

  • No synthetic cannabinoids

  • Fully compliant with EU and Maltese product regulations

Understanding these distinctions protects consumers, patients, and visitors from confusion and helps maintain Malta’s balanced regulatory framework.

Explore our CBD products Collection.


Disclaimer

This article reflects our understanding of Maltese law at the time of writing and is for educational purposes only.

It is not legal or medical advice.

For legal matters, consult a qualified lawyer.
For medical decisions, consult a licensed healthcare professional.

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