A Malta Court will not proceed with drug charges against German businessman after finding the cannabis products seized from his business and imported packages contained less than 0.2% THC and are no longer illegal under law
The court has declined to proceed with criminal charges against a German businessman accused of importing and selling cannabis products, ruling the substances at the centre of the case is no longer considered illegal under current legislation.
In a judgment delivered on Monday, Magistrate Elaine Rizzo ruled proceedings against Joerg Herbert Schellhammer could not continue because all the cannabis products seized by police contained an average THC content of less than 0.2%—placing them outside the legal definition of cannabis following amendments to the law.
Schellhammer had been charged over the importation, possession and sale of cannabis products allegedly brought into Malta in March 2022. The case stemmed from the interception of two packages by Customs officers at the UPS Centre in Luqa after a customs sniffer dog indicated the parcels.
Police arrested Schellhammer when he collected the packages. Searches carried out at shops belonging to the Stone Market chain and at his residence also led to the seizure of additional cannabis products and cash.
During police interrogation, Schellhammer admitted importing the products for sale in his shops but insisted he believed his business was operating legally, noting that he even paid taxes on the sales.
A court-appointed forensic expert later confirmed the seized cannabis flowers and plant material weighed around 1.74kg and contained, on average, less than 0.2% tetrahydrocannabinol (THC), alongside cannabidiol (CBD).
While the products fell within the legal definition of cannabis when the charges were filed in 2022, the court noted that amendments introduced through Act LXVI of 2021 and later strengthened by Act XII of 2025 now expressly exclude cannabinoid products containing no more than 0.2% THC from the definition of cannabis.
The court held that, in line with European human rights jurisprudence and previous Maltese case law, defendants are entitled to benefit from the more favourable criminal law where legislation changes before a final judgment is delivered.
Since every product seized from Schellhammer contained THC levels below the legal threshold, the court concluded that the alleged offences had effectively ceased to exist under Maltese law.
“For these reasons,” the judgment states, “the Court will not take further cognisance of these charges brought against the accused.”
The ruling brings to an end criminal proceedings that began more than four years ago following the Customs operation in March 2022.
The man was represented by Lawyers Veronica-Anne Spiteri, Alfred Abela and Rene Darmanin.
