ACT No. IV of 2020 AN ACT to amend the Dangerous Drugs Ordinance, Cap. 101, and to make provision in respect of cultivation for the exclusive use of the offender.

I assent.

(L.S.)

GEORGE VELLA

President

28th February, 2020

ACT No. IV of 2020

AN ACT to amend the Dangerous Drugs Ordinance, Cap. 101, and

to make provision in respect of cultivation for the exclusive use of the

offender.

BE IT ENACTED by the President, by and with the advice of the

House of Representatives, in this present Parliament assembled, and

by the authority of the same as follows:-

The short title of this Act is the Dangerous Drugs Ordinance

(Amendment) Act, 2020, and this Act shall be read and construed as

one with the Dangerous Drugs Ordinance, hereinafter referred to as

"the principal Ordinance".

Article 22 of the principal Ordinance shall be amended as Amendment of

article 22 of the

principal

Ordinance.

(a)

sub-article (1B) thereof shall be amended as follows

(i) immediately after the word "cultivation" there

shall be added the words "in such circumstances that the

court is satisfied that such cultivation was not for the

exclusive use of the offender"; and

(ii) the proviso thereof shall be substituted by the

following

"Provided that in the case of cultivation or

importation in such circumstances that the Court

is satisfied that such cultivation or importation

was for the exclusive use of the offender, the

provisions of the Probation Act and of article 21

of the Criminal Code shall not apply.";

(b)

sub-article (2) thereof shall be amended as follows

(i) in paragraph (a) thereof, immediately after the

words "or under article 8(c)" there shall be added the words

"except in such circumstances that the Court is satisfied

that such cultivation was for the exclusive use of the

offender,"; and

(ii) in sub-paragraph (i) of paragraph (b) thereof,

immediately after the words "or under article 8(c)" there

shall be added the words "except in such circumstances

that the Court is satisfied that such cultivation was for the

exclusive use of the offender,".

Article 7 of the Drug Dependence

(Treatment

not Consequential

amendment.

Imprisonment) Act is hereby repealed.

The provisions of this Act shall also apply to trials pending Transitory

before any court of criminal jurisdiction, whether at first instance or at provision.

appeal stage, at the time of the coming into force of this Act.

Passed by the House of Representatives at Sitting No. 302 of the

26th February, 2020.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54