Malta
Psilocybin has mixed legal status in Malta. Less than two grams held for personal use brings a penalty of 75 to 125 euros before a Commissioner for Justice. More than two grams can bring up to ten years in the criminal courts.1
- Checked against the 2 sources cited below.
1. What the law is
In Malta, less than two grams of psilocybin held for personal use goes before a Commissioner for Justice and brings a penalty of 75 to 125 euros. The Commissioners for Justice Act says the offense "shall not cease to be a criminal offence", and the conviction goes on a register the police can read. The law names psilocybin and psilocin and no mushroom.
More than two grams, counted irrespective of purity, goes to the criminal court the Attorney General chooses. A magistrate can impose three to twelve months in prison, a fine of 465.87 to 2,329.37 euros, or both. The Criminal Court can impose twelve months to ten years and a fine. Dealing, which includes cultivation and supply, can bring life imprisonment in the Criminal Court. No conviction for possession for personal use, in any court, appears on a conduct certificate.
Someone not habitually resident in Malta, charged with holding less than two grams, must pay the 75 euro minimum within twelve hours and may be detained by the police until then. Contesting the charge or not paying sends the case to the ordinary drug laws.
2. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Mixed status takes effect.
3. Proposed laws
No proposed law is on file in Malta that would change this entry, as of the 13 Nov 2026 review.
4. Common questions
Is psilocybin legal in Malta?
Psilocybin has mixed legal status in Malta. Less than two grams held for personal use brings a penalty of 75 to 125 euros before a Commissioner for Justice. More than two grams can bring up to ten years in the criminal courts.
Are magic mushrooms ("shrooms") legal in Malta?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. Psilocybin has mixed legal status in Malta. Less than two grams held for personal use brings a penalty of 75 to 125 euros before a Commissioner for Justice. More than two grams can bring up to ten years in the criminal courts.
Read the law
Medical and Kindred Professions Ordinance (Chapter 31, 1901), Third Schedule, Part A: PSILOCINE, PSILOTSIN and PSILOCYBINE, with their derivatives, salts and esters. It names PEYOTE beside mescaline and no fungus. Drugs (Control) Regulations (Subsidiary Legislation 31.18, 1985), regulation 3(1), bars use or possession without written authorization from the Superintendent of Public Health. Article 120A(2) of the Ordinance sets court penalties, and 120A(1B) counts cultivation and supply as dealing. Drug Dependence (Treatment not Imprisonment) Act (Chapter 537, 2015), articles 4(1) and 4(4). Commissioners for Justice Act (Chapter 291, 1981), article 3(4) and (6). Conduct Certificates Ordinance (Chapter 77), article 5(e), as substituted by Act XXV of 2025. Versions read: 20 February 2026 (Chapter 31, Subsidiary Legislation 31.18), 16 May 2025 (Chapter 537), 18 February 2025 (Chapter 291), 14 August 2026 (Chapter 77).1
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.Medical and Kindred Professions Ordinance (Chapter 31), version of 20 Feb 2026Laws of Malta (opens in new tab) · legislation.mt
- 2.Drug Dependence (Treatment not Imprisonment) Act (Chapter 537), version of 16 May 2025Laws of Malta (opens in new tab) · legislation.mt
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
2 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
In Malta no conviction for possession for personal use, in any court, appears on a conduct certificate; this entry had tied that rule to convictions before a Commissioner for Justice alone. The entry now names the Commissioners for Justice Act as the source of the words "shall not cease to be a criminal offence". The head sentence now gives up to ten years for more than two grams, and the entry adds that dealing, which includes cultivation and supply, can bring life imprisonment.
Malta joins the register. A case of less than two grams of psilocybin for personal use goes to a Commissioner for Justice for a penalty of 75 to 125 euros, and more than two grams goes to the criminal courts.
Psilocybin Media Group. "Malta: psilocybin legal status." The Psilocybin Record, accession MT-001, version of 13 Nov 2026. https://psilocybinlegalization.com/record/malta