ACT No. LXVI of 2021 AN ACT to establish the Authority on the Responsible Use of Cannabis and to amend various laws relating to certain cannabis activities.

I assent.

(L.S.)

GEORGE VELLA

President

18th December, 2021

ACT No. LXVI of 2021

AN ACT to establish the Authority on the Responsible Use of

Cannabis and to amend various laws relating to certain cannabis

activities.

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

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

commencement.

Responsible Use of Cannabis Act, 2021.

(2) This Act shall come into force on such date as the Minister

responsible may by notice in the Gazette establish, and different dates

may be so established for different purposes and different provisions

of this Act.

PART II

Authority on the Responsible Use of Cannabis

The provisions of this Part provide for the establishment of the

Authority on the Responsible Use of Cannabis.

In this Act, unless the context otherwise requires

Interpretation.

"Authority" means the Authority on the Responsible Use of

Cannabis established by this Act;

"Minister" means the Minister responsible.

(1) There shall be established a body to be known as the Establishment

of the Authority

Authority on the Responsible Use of Cannabis.

on the

Responsible Use

of Cannabis.

(2) Subject to the provisions of this Act and of any other law, it

shall be the function of the Authority to regulate the use of cannabis

for purposes other than medical or scientific purposes and to carry out

work, including as defined in sub-article (3), to implement harm

reduction from the use of cannabis. The Authority shall also assist

other law enforcement and regulatory authorities in the fight against

crime in the field of dangerous drugs.

(3) Without prejudice to the generality of its functions as detailed

in sub-article (2) the Authority shall have the following duties and

functions and may

(a) submit proposals and recommendations to the

Government concerning a national policy on the responsible use

of cannabis that will take due account of the specific situation

and requirements of Malta from time to time;

(b) participate in the national planning process relating

to social policy and dangerous drugs policy;

(c) monitor the use of cannabis in Malta, other than use

for medical or scientific purposes, either directly or through the

commissioning of surveys and other professional studies;

(d) act as regulator and to implement any function which

may be assigned to it in accordance with any law with regard to

any private organisation the activities of which involve the

cultivation and possession of cannabis for distribution amongst

its members;

(e) organise or promote educational campaigns on the

responsible use of cannabis based on scientific facts and on the

aim of harm reduction also giving clear and impartial

information on the risks and other elements of cannabis use with

reference to age and with appropriate content, whilst promoting

open dialogue on the subject;

(f) organise or promote the training of officials working

with cannabis users;

(g) give advice on cannabis related matters and to

perform any other task related to the analysis of cannabis use as

the Minister may from time to time request;

(h) undertake periodic reviews of educational

programmes and structures concerned with cannabis activities

and of policies relating to cannabis, to recommend

improvements in such programmes and policies and to identify

sources for the training of persons in relevant fields of activity so

as to ensure the continued availability of suitably qualified

personnel;

(i) administer any budgetary allocation as may be

assigned to it for purposes related to the responsible use of

cannabis or such other purposes as may be linked to such

budgetary allocation;

(j) promote effective communication and coordination

with government entities and non-governmental organisations

working with cannabis users or involved in the formulation of

policies related to cannabis;

(k) identify overseas developments related to cannabis

use that are of direct interest and relevance to Malta;

(l) set up databases and obtain access to international

databases in the field of cannabis use;

(m) act as a contact point with respect to various regional,

interregional and international organisations and to organise

participation in seminars, conferences and in action groups and

working groups of relevance to Malta’s interests in the field of

activity of the Authority;

(n) set up networks of professional persons and

organisations to assist in the formulation of policies, and the

implementation of programmes, and to monitor areas of

importance related to responsible cannabis use of interest to

Malta;

(o) carry out any other function not covered by the

preceding paragraphs of this sub-article related to the responsible

use of cannabis as may be delegated to it by the Minister;

(p) carry out any other function ancillary or conducive to

the functions, duties, and aims of the Authority.

(4) The Authority shall be a body having a distinct legal

personality from that of the Government and shall be capable, subject

to the provisions of this Act, to enter into contracts, to hold and

dispose of property of any kind for the purpose of its functions, to sue

and be sued and to enter into all such other transactions as are

incidental or conducive for the proper performance of its functions.

(5) The Authority shall consist of a Board and of a Directorate.

(6) The legal and judicial representation of the Authority shall

vest in the Chairperson

Provided that the Board of the Authority may appoint the

Chief Executive Officer or any one or more of the members of the

Directorate staff to appear in the name and on behalf of the Authority

in any judicial proceedings and in any act, deed, contract or instrument

or other document whatsoever.

(7) Any document purporting to be an instrument made or issued

by the Authority and signed by the Chairperson on behalf of the

Authority shall be received in evidence, and shall unless the contrary is

proved, be deemed to be an instrument made or issued by the

Authority.

(1) The Board of the Authority shall consist of a Board of the

Chairperson and of from four (4) to eight (8) other members appointed Authority.

by the Minister from amongst persons who in the opinion of the

Minister have experience and knowledge of the field of activity of the

A u t h o r i t y, o r e x p e r i e n c e i n t h e f i e l d o f n o n - g o v e r n m e n t a l

organisations, or other regulatory experience, or who are qualified in

sciences or have experience in research or who have experience as

educators or in the exercise of the legal profession of advocate, or

persons who in the opinion of the Minister represent the wide

perspective of the various opinions of the stakeholders in the sector.

(2) One of the members of the Board of the Authority shall be

appointed by the Minister as Deputy Chairperson. The Deputy

Chairperson shall have all the powers and perform all duties of the

Chairperson during the absence of the Chairperson or during any

period where the Chairperson cannot perform his function for any

other cause, or during any vacancy in the office of the Chairperson.

(3) The Board may act notwithstanding any vacancy in its

composition or during the absence of any of its members as long as the

Chairperson or the Deputy Chairperson and any two (2) other

members are present.

(4) A person shall not be qualified to be appointed, or to continue

to hold office, as a member of the Board if he is

(a)

interdicted or incapacitated;

(b)

has been declared bankrupt; or

(c) has been found guilty of an offence in Malta or

abroad other than

(i)

an offence of an involuntary nature; or

(ii) an offence liable to the punishment established

for contraventions.

(5) For the purpose of paragraph (c) of sub-article (4) a person

who has been found guilty of an offence as specified in that paragraph

shall still be disqualified to hold office notwithstanding that any

punishment awarded has been suspended or such person has been

conditionally released or put under probation without the infliction of

any penalty or such person has been sentenced according to the

Probation Act without the infliction of any penalty.

(6) The Chairperson and the Deputy Chairperson and the other

members of the Board shall be appointed for a term of three (3) years

and may be reappointed.

(7) The members of the Board shall receive such remuneration as

the Minister may determine upon their appointment.

(8) The Minister shall appoint a person being an advocate or a

legal procurator or a public officer to act as Secretary to the Board.

(1) The Board shall be responsible to establish the policy to Functions of the

be adopted by the Authority in the exercise of its functions under this Board.

Act. In establishing such policy the Board shall give due consideration

to Government policy, to the requirements of public order and public

health and to the rights and freedoms of the individual on a democratic

society.

(2) The Board shall be responsible to ensure that the Authority

carries out its functions in accordance with this Act and in accordance

with any policy established by it.

(3) The Board may from time to time, if it thinks fit, make

general rules for the guidance of the Directorate in the exercise of its

functions under this Act, and may at any time revoke or vary such

rules.

(4) The Board shall also verify and approve the accounts of the

Authority and the draft estimates and the financial plans of the

Authority, prepared by the Chief Executive Officer before their final

submission to the Minister in accordance with this Act.

(5) The Board shall be kept informed by the Chief Executive

Officer on the general running of the Authority.

(6) Notwithstanding the other provisions of this Act the Minister

may decide that for any determined period the overall management,

the executive action, the administration and organisation of the

Authority and the administrative control of its officials and employees

shall be vested in the Chairperson who in such a case shall during such

period also perform all the functions and responsibilities granted by

this Act to the Chief Executive Officer.

(7) The decision of the Minister referred to in sub-article (6) shall

be given in writing in the letter of appointment of the Chairperson or at a

later stage in the case that the office of Chief Executive Officer is

vacant. When an appointment is made as provided in sub-article (6) the

Chairperson shall be styled as the Executive Chairperson and the

conditions of employment of the person occupying such office shall be

determined by the Minister.

(1) The Directorate of the Authority shall consist of the The Directorate.

Chief Executive Officer, who shall be the director of the Authority, a

Deputy Director and such other officers and employees of the

Authority as may be engaged by the Authority from time to time.

(2) The Chief Executive Officer shall be in charge of the overall

management and executive action of the Authority and shall keep the

Board informed on the general running of the Authority and of the

result of the operations of the Authority.

(3) The Chief Executive Officer shall be appointed by the

Minister, after consultation with the Board, for such period and on

such terms as the Minister may, in consultation with the Board,

determine.

(4) The Deputy Director and the other officers and employees of

the Directorate shall be selected by the Chief Executive Officer and

engaged by the Authority in accordance with such procedures and on

such terms as the Board may from time to time determine.

(5) The Authority may also act through such contractors as it may

from time to time engage

Provided that such contractors shall at all times act in

accordance with such instructions as may be given to them by the

Chief Executive Officer.

(6) The Chief Executive Officer and the Directorate staff shall for

all purposes of the Criminal Code be considered as public officers, and

shall be afforded all protection and may incur all liability as such.

(7) The Chief Executive Officer and the Directorate staff shall,

subject to any contrary provision in this Act or in any other law, abide

by any code of ethics applicable to public officers

Provided that nothing in this sub-article may be deemed to

preclude the Board to make further rules regulating the conduct of the

Chief Executive Officer and of the Directorate staff to supplement any

such Code of Ethics.

(1) The Board shall meet at least ten (10) times a year so

however that the Board shall ensure that the period of time between

one meeting and another shall not exceed six (6) weeks. Other

meetings of the Board shall be convened as may be necessary.

(2) The Secretary to the Board shall take minutes of decisions at

its meetings. The minutes shall be signed by the Secretary and the

Chairperson.

(3) The meeting of the Board shall be chaired by the Chairperson

or in his absence the Deputy Chairperson.

(4) Decisions of the Board shall be adopted by a simple majority

of votes of the members present and voting, and in the event of an

equality of votes the Chairperson, or where the meeting is presided by

the Deputy Chairperson, the Deputy Chairperson shall have and

exercise a second or casting vote. The quorum at Board meetings shall

consist of three (3) members.

(5) Without prejudice to the provisions of sub-articles (6) and (7)

of article 5 the Chief Executive Officer shall be entitled to attend the

meetings of the Board and to take part in the discussions. The Board

may invite any other member of the Directorate staff to attend meeting

of the Board and to participate in the discussions. The Chief Executive

Officer and any member of the Directorate staff taking part in any

discussion of the Board of the Authority shall not have a vote in the

meetings in which they participate

Provided that the Chairperson may, if he considers it proper so

to do, at any time exclude the Chief Executive Officer or any member

of the Directorate staff invited to attend at a meeting of the Board from

any meeting or part thereof.

(6) Any participation in a meeting of the Board of a person not

entitled to be present shall not invalidate the proceedings of the

meeting nor shall such proceedings be invalidated if it is subsequently

discovered that a person acted in good faith as a member and a defect

in his appointment or qualification is afterwards discovered.

(7) A week’s notice shall be given to the members of the Board of

any meeting thereof

Provided that in case where an urgent situation arises and

decisions are to be taken forthwith, decisions taken by at least two (2)

members of the Board, one of whom being the Chairperson or the

Deputy Chairperson, shall be valid as if taken by a meeting of the

Board regularly convened with proper notice.

(8) Subject to the other provisions of this Act, the Board shall

regulate its own proceedings.

Without prejudice to the other provisions of this Act, the Staff

appointment of officers and other employees of the Authority shall be appointments.

made by the Authority. The terms and conditions of employment shall

be established by the Authority with the concurrence of the Minister.

The Authority shall appoint and employ, at such remuneration Appointment

and upon such time terms and conditions as it may determine, such and

officers and

officers and employees of the Authority as may from time to time be employees

the Authority.

necessary for the due and efficient execution of the functions of the

Authority.

(1) The Prime Minister may, at the request of the Authority,

from time to time direct that any public officer shall be detailed for

duty with the Authority in such capacity and with effect from such date

as may be specified in the Prime Minister’s direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein, shall, unless the officer retires from the

public service, or otherwise ceases to hold office at an earlier date, or

unless a different date is specified in such direction, cease to have

effect after one year from the effective date of such direction unless the

direction is revoked earlier by the Prime Minister.

(1) Where an officer is detailed for duty with the Authority

under the provisions of article 10, such officer shall, during the time in

which such direction has effect in relation to him, be under the

administrative authority and control of the Authority but he shall for

other intents and purposes remain and be considered and treated as a

public officer.

(2) Without prejudice to the generality of the foregoing, an officer

detailed for duty as aforesaid

(a)

shall not during the time in respect of which he is so

detailed

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the appointment

under the Government held by him at a date on which he is

so detailed for duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than those which

are attached to the appointment under the Government held

by him at the date aforesaid or which would have become

attached to such appointment, during the said period, had

such officer not been detailed for duty with the Authority;

and

(b) shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the Pensions

Ordinance and the Widows and Orphans’ Pensions Act and of

any other right or privilege to which he would be entitled, and

liable to any liability to which he would be liable, but for the fact

of his being detailed for duty with the Authority.

(3)

Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by

an officer detailed for duty with the Authority as aforesaid during the

period in which he is so detailed.

(1) The Authority may, with the approval of the Prime Offer of

Minister, offer to any officer detailed for duty with the Authority under permanent

employment

the provisions of article 10 permanent employment with the Authority with

Authority to

at a remuneration and on terms and conditions not less favourable than public officers

detailed for duty

those enjoyed by such officer at the date of such offer.

with the

Authority.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of sub-article (1) shall

for all purposes other than those of the Pensions Ordinance and of the Cap.

93. Widows’ and Orphans’ Pensions Act, and saving the provisions of

sub-article (6), be deemed to have ceased to be in service with the

Government and to have entered into service with the Authority on the

date of his acceptance, and for the purposes of the said Ordinance and

of the said Act, so far as applicable to him, service with the Authority

shall be deemed to be service with the Government within the

meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue Cap. 58.

to be so entitled to benefit thereunder to all intents as if his service

with the Authority were service with the Government.

(5) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by

an officer who has accepted performance of employment with the

Authority as aforesaid during the period commencing on the date of

such officer’s acceptance.

(6) (a) For the purposes of this article posts and salary grades

with the Authority shall be classified in the most nearly corresponding

grades and incremental levels in the service under the Government of

Malta by reference to job description, skills, responsibilities and other

analogous factors.

(b) The classification referred to in paragraph (a) shall be carried

out by a board composed of a chairman appointed by the Ministry

responsible for finance and two (2) other members, one appointed by

the Ministry responsible centrally for personnel policies in the public

service and one appointed by the Authority. The classification shall be

subject to the final approval of the Minister responsible for finance.

(c) Such classification shall take place within three (3) months of

any adjustment of salaries of employees in Government service and,

or, of employees of the Authority.

(d) No post shall be classified in a grade higher than that of a

Grade 3 in the service of the Government or such other grade that the

Minister responsible for finance may from time to time by notice in the

Gazette determine.

(e) Without prejudice to article 113 of the Constitution, no person

may, following a classification as aforesaid, be entitled to rights under

the said Pensions Ordinance less favourable than those to which he

would have been entitled prior to such classification.

(1) In the exercise of his functions under this Act, the Chief

Executive Officer and any member of the Directorate staff, authorised

by him, shall have power to seek and obtain from any public authority

any information with regard to any person or with regard to any matter,

which is relevant to the functions of the Authority and the public

authority in possession of such information shall, saving the provisions

of any other law, be obliged to give the Chief Executive Officer or any

such member all information so requested

Provided that where any public authority has acquired

information from any person or authority in any State other than Malta

through the operation of any treaty or arrangement with such other

State to which Malta is a party, and such treaty or arrangement

provides that any information passed through the operation of such

treaty or arrangement may not be divulged to any other person except

with the consent of the person passing the information requested, the

person from whom the information is requested may withhold the

information if such consent is not given.

(2) The information referred to in sub-article (1) shall be

provided within such time not more than thirty (30) days from the date

of receipt of the request

Provided that after good cause being shown to the Chief

Executive Officer, such period may be extended by the Chief

Executive Officer for such other period or periods as he may deem

reasonable.

The financial year of the Authority shall begin on the first day Financial year.

of January and end on the thirty first day of December

Provided that the first financial year of the Authority shall

commence on the date of coming into force of this Act and shall end

on the 31st day of December of the following year.

(1) The Chief Executive Officer shall, not later than sixteen Estimates and

(16) weeks before the end of each financial year, submit to the Board expenditure.

of the Authority estimates of the income and expenditure of the

Authority for the following financial year.

(2) In the preparation of such estimates the Authority shall

endeavour to ensure that the sums to be allocated to the Authority are

at least sufficient to meet all sums properly chargeable to its income

and expenditure accounts including, but without prejudice to the

generality of that expression, depreciation.

(3) The estimates shall be made out in such form, and shall

contain such information, and such comparisons with previous years,

as the Board may direct.

(4) Not later than three (3) weeks from the receipt of such

estimates from the Chief Executive Officer, the Board shall consider

such estimates and shall transmit the same with or without

amendments to the Minister for his approval.

(5) Before the end of the financial year, the Minister shall

approve and adopt such estimates with or without amendments.

(6) If in respect of any financial year it is found that the amount

so approved is not sufficient or a need has arisen for expenditure for a

purpose not provided for in the estimates, the Chief Executive Officer

shall cause supplementary estimates to be prepared and to be sent

forthwith to the Board for transmission to the Minister for his

approval, and in any such case the provisions of this article shall as far

as practicable apply to the supplementary estimates.

The Minister may, acting in accordance with an appropriation Advances by the

Act, make advances and provide such funds to the Authority for Government.

carrying out its functions under this Act, in accordance with such

estimates approved in accordance with article 15.

The Authority shall keep proper books of accounts in such

manner as the Minister, following consultation with the Minister

responsible for finance, may from time to time direct. Such accounts

shall be audited by auditors appointed by the Board of the Authority

with the concurrence of the Minister from among persons qualified to

be appointed as auditors of a company in accordance with such law

which will be from time to time in force in Malta. Such accounts shall

moreover be subject to audit by the Auditor General.

(1) The Board shall as soon as may be but not later than

three (3) months after the close of each financial year, transmit to the

Minister an annual report consisting of

(a) a copy of the annual accounts certified by the

auditors; and

(b) a report on the operations of the Authority during the

previous financial year.

(2) The annual report shall be laid on the Table of the House by

the Minister not later than six (6) weeks after its receipt, or where the

House is during that period not in session, not later than the second

week after the House reconvenes.

The Authority, the Board, the Chief Executive Officer and

members of the Directorate staff shall not be liable for damages for

anything done or omitted to be done in the discharge or purported

discharge of any function under this Act unless the act or omission is

shown to have been done or omitted to be done in bad faith or through

gross negligence.

The Minister may make regulations for the better

implementation of the provisions of this Act and, without prejudice to

the generality of the aforesaid, those regulations may provide for the

better implementation of any act falling within the powers of the

Authority, for the elimination of difficulties or the setting of time

frames and conditions, in respect of the implementation of such act.

PART III

Amendments to the Conduct Certificates Ordinance

This Part amends the Conduct Certificates Ordinance and it

shall be read and construed as one with the Conduct Certificates

Ordinance, hereinafter in this Part referred to as "the principal

Ordinance".

Immediately after article 8 of the principal Ordinance there

shall be added the following new article

8A. Where a person has been convicted of an offence

w h i c h h a s b e e n s u b s e q u e n t l y d e c r i m i n a l i s e d or

depenalised, that person may send a written request to the

Government Department or Entity responsible for the

issue of conduct certificates, to de-register the said

conviction from his conduct certificate, and the said

Government Department or Entity shall, upon ensuring

that such offence has been so decriminalised or

depenalised, accept that person’s request and affect the

said de-registration.".

PART IV

Amendments to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance and it shall Amendments of

be read and construed as one with the Dangerous Drugs Ordinance, the

hereinafter in this Part referred to as "the principal Ordinance".

Article 2 of the principal Ordinance shall be amended as Amendment of

(a) immediately before the definition "coca leaves" there

shall be added the following new definition

" "Cannabis" means the inflorescence and leaves of

any plant of the genus Cannabis and includes any resin

obtained from the said plant and any preparations derived

from the said plant, but does not include its seeds, or

cannabinoid products containing not more than zero point

two (0.2) percent of tetrahydrocannabinoil (THC);"; and

(b)

the definition "Indian hemp" shall be deleted.

In the principal Ordinance, the words "Indian hemp", General

wherever they occur, shall be substituted by the word "cannabis" and, amendment

without prejudice to the generality of the foregoing, in the following Ordinance.

places and as follows

(a)

in the title to Part III;

(b) in the definition "dangerous drug" in article 12, the

words "obtained from Indian hemp", wherever they occur, shall

be substituted by the words "obtained from cannabis"; and

(c) in Part I of the First Schedule the words

"CANNABIS (Indian hemp)" shall be substituted by the word

"CANNABIS".

PART V

Amendments to the Commissioners for Justice Act

This Part amends the Commissioners for Justice Act and it

shall be read and construed as one with the Commissioners for Justice

Act, hereinafter in this Part referred to as "the principal Act".

The Schedule to the principal Act shall be amended as

follows

(a) in the third column of the item relating to the

Dangerous Drugs Ordinance (Cap. 101), the words "or three

point five grams of the drug cannabis" shall be substituted by the

words "or more than seven grams but not more than twenty-eight

grams of the drug cannabis"; and

(b) immediately after the words "Environmental

Management Construction Site Regulations" there shall be added

the following

"Drug Dependence

Articles 4, 4A, 7A.".

(Treatment not

Imprisonment) Act

PART VI

Amendments to the Drug Dependence (Treatment not Imprisonment)

Act

This Part amends the Drug Dependence (Treatment not

Imprisonment) Act and it shall be read and construed as one with the

Drug Dependence (Treatment not Imprisonment) Act, hereinafter in

this Part referred to as "the principal Act".

Article 4 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, the words "a charge of

possession of a prohibited drug in a quantity of less than two

grams of any drug other than cannabis or three point five grams

of the drug cannabis or two ‘ecstacy’ or two other prohibited

pills" shall be substituted by the words "a charge of possession of

a prohibited drug other than the drug cannabis in a quantity of

less than two grams or of two pills of the drug ‘ecstacy’ or of two

other prohibitd pills";

(b) sub-article (2) thereof shall be deleted and sub-

articles (3), (4) and (5) shall be renumbered as sub-articles (2),

(3) and (4) respectively;

(c) in sub-article (2) as re-numbered, the words "in terms

of sub-articles (1) or (2)" shall be substituted by the words "in

terms of sub-article (1)";

(d) in sub-article (3) as re-numbered, the words "in terms

of sub-articles (1) or (2)" shall be substituted by the words "in

terms of sub-article (1)"; and

(e) in sub-article (4) as re-numbered, the words "in terms

of sub-articles (1) or (2)" shall be substituted by the words "in

terms of sub-article (1)".

Immediately after article 4 of the principal Act there shall be Addition of new

added the following new article

" Possession for

4A. (1) Notwithstanding the provisions of any

other law, the possession by a person over the age of

eighteen (18) years of the drug cannabis in an amount not

exceeding seven grams, in circumstances in which it may

be reasonably deemed that such possession is for the

personal use of such person, shall not constitute an

offence, and that person shall not be subject to being

taken into custody under arrest saving when there is a

reasonable suspicion of trafficking or dealing in the drug

cannabis

Provided that any person under the age of

eighteen (18) years found in such possession of the drug

cannabis shall be subject to being summoned to appear

before the Commissioner for Justice who, after taking

cognizance of the case may propose that such person

should submit himself to a care plan or to treatment. In

making such a proposal the Commissioner for Justice

may consult the Drug Offenders Rehabilitation Board and

such other person or public authority as the

Commissioner for Justice deems appropriate.

(2) Where a charge for breach of the drug laws

consists of a charge of possession of the drug cannabis in

a quantity of more than seven grams but not more than

t w e n t y - e i g h t g r a m s , i r r e s p e c t i v e o f p u r i t y, i n

circumstances which do not give rise to reasonable

grounds to believe that the prohibited drug is not for

personal use by the person in possession thereof, that

person shall be tried in accordance with the

Commissioners for Justice Act and, upon conviction by

the Commissioner for Justice assigned by the Minister to

hear drug offence cases, shall be liable to a penalty of

between fifty euro (€50) and one hundred euro (€100)

Provided that the person shall not be subject to

being taken into custody under arrest saving when there is

a reasonable suspicion of trafficking or dealing in the

drug cannabis.

(3) A person who consumes the drug cannabis, other

than as may be authorised for medical reasons, in a public

place, which includes any place to which the public has or

is permitted to access whether on payment or otherwise,

shall be liable to a penalty of two hundred and thirty-five

euro (€235), to be imposed in accordance with the

provisions of the Commissioners for Justice Act.

(4) A person who consumes the drug cannabis in any

place, whether public or private, in the presence of any

person under the age of eighteen (18) years, being aware

that such person is under the age of eighteen (18) years,

shall be liable to a penalty of not less than three hundred

euro (€300) and not more than five hundred euro (€500),

to be imposed in accordance with the provisions of the

Commissioners for Justice Act.

(5) In all circumstances detailed under the preceding

sub-articles of this article, the drug cannabis shall be

seized by the Executive Police only if found in excess of

seven grams or if there is a reasonable suspicion of

trafficking or dealing in the drug cannabis. Following its

exhibition in the course of proceedings, the seized drug

shall be sent to the Registrar of the Criminal Court for

destruction. Due record shall be kept of such fact.

(6) A person over the age of eighteen (18) years

charged with a breach of the provisions of this article

other than with a breach of sub-article (4), may, unless the

charge is contested, pay any penalty due in its minimum

through electronic means and without proceedings before

the Commissioner, at any place and in such manner as

may be established by the Minister.".

Immediately after article 6 of the principal Act there shall be Addition of new

added the following new articles

" Cultivation of

7. (1) Notwithstanding the other provisions of

this Act or of any other law, the cultivation of up to four

plants of the drug cannabis, and the possession of not

more than fifty grams of dried cannabis, for personal use,

by a person over the age of eighteen (18) years, within the

residential address appearing on an official document

showing his place of residence, such as a national identity

card or other identity document, shall not constitute an

offence, and that person shall not be subject to being

taken into custody under arrest only by reason of such

cultivation and possession at the said address

Provided that

(a) such cultivation shall not occur in a

space which is visible to the public;

(b) the Executive Police shall in all cases

seize the dried cannabis found on the premises only

if it is in excess of fifty grams. Where after the

seizure of the dried cannabis it results that there are

no grounds to institute proceedings due to the fact

that the amount of cannabis seized was within the

limits permissible by law the Police shall send the

seized cannabis to the Authority on the Responsible

Use of Cannabis or other public authority as the

Minister may by order in the gazette appoint for the

purpose so that it shall be returned to its owner

subject to such conditions as such authority or

authority may establish. Due record shall be kept of

such facts

Provided further that no action shall lie against

the Police if the seized cannabis after having been

weighed with precision results to have been in a quantity

which does not exceed fifty grams.

(2) Nothing in this article shall be interpreted as

authorising the cultivation of more than four plants of the

plant cannabis irrespective of the number of residents

within any given residential address and irrespective of

the strains of such plants.

(3) For the purposes of this article and of article 7A

"dried cannabis" means the dried inflorescence and the

dried leaves of the plant cannabis.

7A. (1) Notwithstanding the other provisions of

this Act or of any other law it shall be permissible to

establish, and an individual may be a member of, an

organisation the membership of which shall consist only

of individuals in their personal capacity and acting only in

their own name the only purpose of which being the

cultivation of the plant cannabis exclusively for its

members in a collective manner to distribute it only to

those members.

(2) An organisation as referred to in sub-article (1)

shall comply with the following provisions

(a) it shall be registered with the Authority

on the Responsible Use of Cannabis and prior to

commencing its operations it shall obtain a permit

from the said Authority to operate, which permit

may be subject to general or particular conditions;

(b) it shall operate on a non-profit basis in

accordance with the definition in article 2 of the

Voluntary Organisations Act in such a manner that

the provisions of the First Schedule of the said Act

shall mutatis mutandis and to the extent to which

they maybe applied, apply to the said organisation;

(c) it shall distribute cannabis only to its

members and it shall not permit any other person

not being its member to be present in any premises

which it operates;

(d) it shall have distinctive marks on the

containers in which it distributes cannabis in a

manner which renders the distribution of the said

containers by it identifiable and it shall carry out

controls of the quality of cannabis distributed;

(e) it shall not have more than five hundred

members or such other number of members as the

Authority on the Responsible Use of Cannabis may

determine by order in the Gazette;

(f) it shall not be allowed to advertise its

activities in any manner and no indication by signs,

words or designs, or otherwise of activities related

to cannabis or to the cannabis culture shall be

allowed to be shown from any premises managed by

the organisation on the outside or in a way which is

visible from the outside;

(g) any premises managed by the

organisation shall not be within a distance of less

than two hundred and fifty metres from the

perimiter of a school, a club or a youth centre;

(h) it shall ensure that the presence of

premises managed by it does not cause nuisance in

the locality where it is situated, also including

nuisance because of loitering, and ensure that every

premises managed by it is in conformity with every

law and regulation on health and safety as in force

from time to time;

(i) that the persons who manage the

organisation and the persons who render service in

the premises managed by it shall be of good conduct

and the organisation shall register them as such with

the Authority on the Responsible Use of Cannabis;

(j) that no person under the age of eighteen

(18) years may be a member of the organisation or

be present in any premises managed by it;

(k) that at no time shall there be more than

five hundred grams of dried cannabis in any

premises managed by it or in its possession;

(l) that it shall not cultivate more cannabis

plants that such number authorised by the Authority

on the Responsible use of Cannabis and that it shall

abide by all conditions and controls as such

Authority may impose, including conditions

relating to the places where cultivation may take

place, where cannabis plants are dried and how they

shall be transported;

(m) that the cannabis distributed to members

should be in a sealed container the shape of which

and the words or designs written or printed thereon

shall require the approval of the Authority on the

Responsible Use of Cannabis;

(n) that no alcoholic products shall be sold

from any premises managed by the organisation;

(o) that the organisation shall cooperate

fully and honestly at all times in any inspections

which may be made in its regard from time to time

by the public authorities, also including inspections

held for the purpose of verifying what quantity and

quality of cannabis is being distributed to the

members of the organisation and to establish that

the law is being observed;

(p) that it shall render account in writing

every three (3) months to the Authority on the

Responsible Use of Cannabis on the amount of

cannabis distributed amongst the members of the

organisation and about the number of members of

the organisation without giving their personal

details;

(q) that it shall keep a register of its

members which shall include as a minimum the

names and copies of the identity card or of another

official identity document or of the passport of the

said members. Such register shall be kept in a

manner which complies with any law on data

protection as applicable from time to time;

(r) that it shall not permit the same member

to receive more than seven grams of cannabis in a

single day or more than fifty grams of cannabis in

any calendar month;

(s) that it shall not accept as members or in

the continuation in its membership persons who are

members of another organisation of the same type;

(t) that it shall abide by all conditions as the

Minister may by regulations which may be issued

on the basis of this article from time to time

establish;

(u) that the owners, management and

membership of the organisation shall consist only of

individuals and shall not include legal persons or

other legal entities.

(3) Every organisation as referred to in sub-article

(1) shall be allowed to distribute unsterilized seeds of the

plant cannabis to its members in sealed packets, with

regard to the shape and presentation of which paragraph

(m) of sub-article (2) shall mutatis mutandis apply, in a

total quantity of not more that twenty seeds per calendar

month to each member.

(4) Any person who permits a person under the age

of eighteen (18) years to be present in premises managed

by an organisation as referred to in sub-article (1) shall be

liable on being found guilty to a penalty of not less than

five hundred euro (€500) and not more than one thousand

euro (€1000) which shall be imposed in accordance with

the provisions of the Commissioners for Justice Act.

(5) The Minister responsible for the Authority on the

Responsible Use of Cannabis Act may make regulations

for the better implementation of the provisions of this

article and, without prejudice to the generality of the

aforesaid, such regulations may also provide for the

m a n n e r i n w h i c h a nd t h e r e a s o n s f o r w hi c h a n y

authorisation, permission or licence related to the

provisions of this article shall be issued, be made subject

to other conditions, and, in the case of breach of the law

or regulations, be withdrawn or suspended, the fees

payable in respect of any authorisation, permit or licence

and the penalties to which a person who fails to observe

the law or regulations shall be subject which penalties

shall not exceed a penalty of ten thousand euro (€ 10,000)

and shall be imposed after trial in accordance with the

Commissioners for Justice Act.

(6) Any organisation as referred to in sub-article (1)

and every member thereof which in their activities abide

by the provisions of this article and any regulations,

conditions or orders issued thereunder shall be tolerated

in their activity within the limits of what is provided in

this article and they shall be exempt from being made

subject to proceedings under this Act or under the drug

laws for anything done by them in accordance with this

article.".

Passed by the House of Representatives at Sitting No. 530 of the

14th December, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.16