Malta CBD Regulations:. New Rules for Shops and Online Sales

Malta is preparing a new regulatory framework for businesses selling low-THC hemp and CBD products. The proposed legislation could reshape the rules for physical retail outlets, online sales, advertising and product compliance.

Malta’s CBD and hemp market may be approaching an important regulatory change. In February 2026, the Authority for the Responsible Use of Cannabis (ARUC) confirmed that it had been involved in drafting a new Bill intended to introduce formal regulation and enforcement measures for commercial operators selling products containing less than 0.2% THC.

The announcement followed public concerns about a commercial outlet selling cannabis-related products near Stella Maris College in Gżira. The episode brought renewed attention to a regulatory gap: while Malta has a framework for non-profit cannabis harm reduction associations, ARUC stated that it did not then have the statutory powers to regulate for-profit shops selling low-THC products.

For retailers, distributors, importers and online businesses, the development is worth monitoring. However, it is important to distinguish between the announced legislative proposal and rules that have actually been enacted. The precise requirements will depend on the final text of the legislation.

What has Malta announced about CBD and hemp shops?

On 25 February 2026, ARUC issued a statement acknowledging concerns about a commercial outlet selling low-THC cannabis products close to Stella Maris College in Gżira.

The Authority explained that it maintained oversight of licensed non-profit cannabis harm reduction associations but did not have the statutory authority to regulate commercial outlets selling products containing less than 0.2% THC. It also confirmed that it had participated in drafting a new Bill to introduce formal regulation and enforcement measures for these operators.

The following day, ARUC announced that action had been taken in coordination with the Planning Authority and that the advertisements displayed by the outlet had been removed.

The case highlighted the difference between Malta’s regulated non-profit association system and commercial businesses selling low-THC products. It also raised questions about the visibility of these businesses, their proximity to schools and the marketing of cannabis-related products to the public.

The key point for businesses: ARUC’s announcement confirmed the preparation of legislation, not the introduction of a completed licensing system or a new set of enforceable retail rules.

What could the proposed Malta CBD regulations cover?

The final scope of the Bill will only become clear once the legislative text is officially published and adopted. Nevertheless, several areas are likely to be relevant to businesses and deserve close attention.

Regulation of physical retail shops

One of the central questions is whether commercial outlets selling CBD and low-THC hemp products will be subject to a dedicated registration, authorisation or licensing process.

A future framework could define which authority is responsible for supervising these businesses, what information operators must provide and what conditions they must meet to trade.

Retailers should not assume that a specific licence, application procedure or deadline already exists for this category of business solely because ARUC has announced the preparation of a Bill.

Location and proximity to schools

The Gżira case brought the location of CBD shops into the public debate, particularly where outlets operate close to schools or places frequently used by minors.

The future legislation could address location criteria, planning considerations or restrictions on the visibility of cannabis-related products and advertising.

However, no specific new distance requirement for commercial CBD shops should be treated as law unless it appears in an adopted legal instrument.

Advertising and product presentation

Marketing is another area that could receive closer scrutiny.

Potential rules may address shopfront displays, external signage, promotional materials, product imagery, claims about relaxation or wellbeing, and advertising through social media.

Businesses should also distinguish between the rules applicable to commercial retailers and those governing ARUC-licensed non-profit associations. Parliamentary information published in March 2026 describes restrictions on advertising and health-related claims by licensed associations; those rules should not automatically be assumed to apply identically to every commercial CBD retailer.

Online sales and e-commerce

The treatment of online sales is particularly important for businesses operating websites, online stores or cross-border distribution channels.

A future regulatory framework could clarify whether online retailers must register, what information must be displayed on product pages, how products must be presented and what checks may be required when orders are placed.

Other issues may include age-related safeguards, delivery procedures, advertising, customer information and the responsibilities of importers or distributors.

At present, the ARUC announcement does not establish a new, specific online-sales licensing regime. Businesses should therefore avoid presenting possible requirements as confirmed legal obligations.

Does the 0.2% THC threshold mean that CBD products are automatically legal in Malta?

No. The 0.2% THC threshold is important in Malta’s legal framework, but it should not be interpreted as a general authorisation to manufacture, import, advertise or sell every product containing CBD or hemp derivatives.

Malta’s 2025 amendments to cannabis legislation revised the definition of cannabis, including provisions concerning non-psychoactive phytocannabinoids and products containing no more than 0.2% of psychoactive cannabinoids.

That change is relevant to the treatment of certain low-THC products under drug-control legislation. It does not remove the need to comply with other rules governing the product’s category, composition, safety, presentation and intended use.

The European Union Drugs Agency has highlighted that low-THC cannabis products may fall under different EU regulatory frameworks depending on whether they are sold as foods, cosmetics, smoking products or medicinal products.

Different products, different legal requirements

Businesses should not treat all CBD and hemp products as one regulatory category.

CBD oils and extracts

CBD oils and extracts may raise questions concerning their composition, intended use and classification. Products intended for ingestion can be subject to food legislation, including the EU Novel Food framework.

Food and food supplements

The EU Novel Food Regulation (EU) 2015/2283 is particularly relevant to food products containing CBD or other hemp-derived extracts. Depending on the ingredient and its history of consumption, a product may require novel food authorisation before it can be marketed.

Hemp seeds and certain traditional hemp-seed products are a separate category and should not automatically be treated in the same way as CBD extracts.

Cosmetics

CBD-containing creams, balms and other topical products may fall under the EU Cosmetics Regulation (EC) No 1223/2009. Their compliance depends on the product’s ingredients, safety assessment, labelling and other applicable requirements.

Hemp flowers and smoking products

Products intended to be smoked raise additional questions, including their classification and the possible application of rules governing herbal products for smoking.

Synthetic and semi-synthetic cannabinoids

Businesses should exercise particular caution with products containing synthetic or semi-synthetic cannabinoids. Their legal status may differ significantly from that of naturally occurring CBD and other non-psychoactive phytocannabinoids.

What does EU law mean for CBD businesses in Malta?

Malta’s national framework operates alongside European Union legislation. A product that is not treated as a controlled drug under a particular national rule is not necessarily authorised for sale in every commercial category.

Depending on the product, businesses may need to consider:

Regulation (EU) 2015/2283 on novel foods.
Regulation (EC) No 1223/2009 on cosmetic products.
Regulation (EU) No 1169/2011 on food information to consumers.
Regulation (EC) No 1924/2006 on nutrition and health claims made on foods.
Applicable pharmaceutical legislation where a product is presented as having medicinal properties.
Relevant rules on tobacco and related products where products are marketed for smoking.

The Court of Justice of the European Union also addressed the legal treatment of CBD in Case C-663/18, commonly known as the Kanavape case. The judgment is important for the interpretation of EU law and the movement of goods, but it does not create an unrestricted right to market every CBD product.

What should CBD retailers and distributors do now?

Until the final regulatory framework is clear, businesses should focus on product compliance and operational preparedness.

Review product classification. Identify whether each product is a food, cosmetic, smoking product, medicinal product or another category. Do not rely on the CBD label alone.

Obtain reliable laboratory documentation. Keep up-to-date certificates of analysis and supporting information on cannabinoid content, THC levels and product composition.

Check suppliers and import documentation. Businesses should be able to establish where products come from, how they are manufactured and whether the relevant documentation supports their lawful placing on the market.

Review advertising and website content. Avoid unsupported health or therapeutic claims. Check product descriptions, social media posts, shopfront displays and promotional material.

Prepare for possible registration or licensing requirements. Maintain company records, supplier details, product lists and compliance documentation so that the business can respond efficiently if a new application process is introduced.

Monitor official announcements. The final Bill, any implementing regulations and guidance from the competent authorities will be more important than speculation about what the new rules might contain.

A changing regulatory environment for Malta’s CBD market

Malta’s announcement marks an important development for the commercial hemp and CBD sector. It recognises the need to address the position of for-profit businesses selling low-THC products, an area that ARUC said was not covered by its existing statutory powers at the time of its February 2026 statement.

For businesses, the main issue is not simply whether a product contains less than 0.2% THC. Its legal classification, intended use, composition, marketing and route to market may all affect the rules that apply.

The proposed legislation could bring greater clarity to physical retail outlets and online sellers. Until the final text is published and adopted, however, operators should distinguish carefully between existing obligations, proposed changes and requirements that remain uncertain.

For companies already active in Malta, this is the time to review product portfolios, supplier documentation, marketing practices and compliance procedures ahead of any new regulatory framework.