ACT No. VII of 2025 A N A C T t o a m e n d t h e D r u g D e p e n d e n c e ( Tre a t m e n t n o t Imprisonment) Act, Cap. 537 and various laws relating to drugs.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

17th March, 2025

ACT No. VII of 2025

A N A C T t o a m e n d t h e D r u g D e p e n d e n c e ( Tre a t m e n t n o t

Imprisonment) Act, Cap. 537 and various laws relating to drugs.

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:-

The short title of this Act is the Various Laws relating to Short title.

Drugs (Amendment) Act, 2025.

Part I

Amendment to the Criminal Code

This Part amends the Criminal Code and it shall be read and Amendment to

construed as one with the Criminal Code, hereinafter in this Part the

Code.

referred to as the "Code".

In the proviso to sub-article (6) of article 436 of the Code, Amemdment of

immediately after the words "imprisonment for life" there shall be article

the Code.

added the words "other than an offence against the Medical and Cap. 31.

Kindred Professions Ordinance or the Dangerous Drugs Ordinance.". Cap. 101.

Part II

Amendment to the Medical and Kindred Professions Ordinance

This Part amends the Medical and Kindred Professions

Ordinance and it shall be read and construed as one with the Medical

and Kindred Professions Ordinance, hereinafter in this Part referred to

as the "principal law".

In the Fourth Schedule to the principal law, the words

"ecstasy: less than 300 tablets" shall be substituted by the words

"ecstasy: less than 500 pills".

Part III

Amendments to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance and it shall

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

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

Immediately after sub-article (9) of article 22 of the principal

law there shall be added the following new sub-article

"(9a) Notwithstanding the provisions of sub-article (9)

or of any other law, when the Court, whilst finding guilt of a

person charged or accused under the provisions of this

Ordinance or under the Medical and Kindred Professions

Ordinance, is of the opinion that in the circumstances if it

were to impose a punishment of imprisonment on such

person that punishment shall not exceed two (2) years

imprisonment, the Court may instead of giving such

punishment place the person found guilty under an order as

provided for in the Probation Act

Provided that the provisions of this sub-article

shall only be applied for reasons which the Court shall

declare in its judgment and depending on the particular

circumstances of the case, including the rehabilitation of the

person found guilty and the change in the way of life and

behaviour of the person found guilty and taking into

consideration the nature of the substance involved, the

amount of the substance and the purity of the substance

Provided further that the Court shall only apply

the provisions of this sub-article if the punishment of not

more than two (2) years imprisonment is in any case

within the parameters of the law and is appropriate in the

circumstances irrespective of the provisions of this sub-

article

Provided further that the provisions of this sub-

article shall only apply in regard of the first conviction of a

person for an offence against this Ordinance.".

The Fourth Schedule to the principal law shall be amended as Amendment of

the Fourth

Schedule to the

principal law.

(a) the words "heroin and cocaine: less than 100 grams"

thereof shall be substituted by the words "heroin and cocaine

less than 200 grams";

(b) the words "cannabis: less than 300 grams" thereof

shall be substituted by the words "cannabis: less than a kilo".

Part IV

Amendments to the Drug Dependence (Treatment not

Imprisonment) Act

This Part amends the Drug Dependence (Treatment not Amendments to

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

Dependence

Drug Dependence (Treatment not Imprisonment) Act, hereinafter in (Treatment

Imprisonment)

this Part referred to as the "principal Act".

Act.

Article 6 of the principal Act shall be amended as follows

Amendment of

article 6 of the

principal Act.

(a)

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

(i) in paragraph (d) thereof the words "of the

Minister responsible for health:" shall be substituted by the

words "of the Minister responsible for health;" and

immediately thereafter there shall be added the following

new paragraph

"(e) three (3) members who shall be appointed

by the Minister:";

(ii) the proviso thereof shall be substituted by the

following new proviso

"Provided that the persons appointed in

accordance with paragraphs (b), (c) and (d) shall be

appointed from amongst persons practicing

professions or carrying out duties which are relevant

to the rehabilitation of persons suffering from drug

dependence and the persons appointed in accordance

with paragraph (e) shall be appointed from amongst

retired public officers who in the opinion of the

Minister are appropriate to serve on the Board and, or

from amongst other persons who are competent

within the field of rehabilitation from drug

dependence.";

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(2a) Four (4) members, including the Chairman of

the Board shall constitute a quorum in its meetings.".

Article 8 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof the words "does not exceed

the quantity of the drugs listed in the Guidelines found in the

Fourth Schedule to the Dangerous Drugs Ordinance or in the

Fourth Schedule to the Medical and Kindred Professions

Ordinance as a quantity of drugs indicative that the accused

should not be referred for trial before the Criminal Court" shall

be substituted by the words "which does not exceed the quantity

of any one of the drugs listed in the Schecdule";

(b)

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

(i) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) that the offence against drug laws or

against any other law with which the accused is

charged was committed during a period of drug

dependence and the offence is substantially

attributable to the proven drug dependence of the

accused;";

(ii) in paragraph (b) thereof the words "or with the

use of fire or explosives;" shall be substituted by the words

"or with the use of fire or explosives:" and immediately

after there shall be added the following new proviso

"Provided that the Court in its discretion

shall have the right, after considering the gravity of

the offence with which the person is charged, not to

apply the exclusion stipulated in this paragraph if the

wilful offence against the person is not one subject to

a punishment of imprisonment for a period of more

than two (2) years which was not committed with the

use or possession of a firearm, fire or explosives, and

once the Court is satisfied that the application of the

said exclusion would create a prejudice

disproportionate to the actual gravity of the offence

to the detriment of the opportunity of the accused to

rehabilitate himself from the drug dependence;";

(c) in sub-article (4) thereof the words "the Board shall,

without prejudice to any liability of the accused under article

5(5), recommend" shall be substituted by the words "the Board

shall, without prejudice to any liability of the accused under

article 5(5), whilst giving reasons for its decision, recommend";

(d) in sub-article (5) thereof the words "the Board shall

report that fact to the Court" shall be substituted by the words

"the Board shall report that fact in an explained report submitted

to the Court";

(e) sub-article (6) thereof shall be substituted by the

following new sub-article

"(6) After receiving the report referred to in sub-

article (5), the Court shall order the Registrar of the

Criminal Courts and Tribunals to provide a list of all

criminal cases pending against the accused, other than such

cases

(a) where the Court of Magistrates does not

have and cannot be granted competence;

(b) which relate to offences involving

charges referred to in paragraph (2)(b); and

(c)

where the Court has decided not to apply

the said sub-article,

and the Court shall, insofar as it deems the measure

to be in the best interest of the rehabilitation of the accused

and after having taken into consideration the interests of

the proper administration of justice and of the victims,

order that a copy of the said report is admitted in the acts

of the aforementioned cases and be binding upon the courts

taking cognizance of the respective cases against the

accused insofar as such report is, in the opinion of the said

Courts, relevant to the circumstances of the cases pending

before them.";

(f)

sub-article (6A) thereof in its entirety shall be

deleted;

(g)

sub-article (7) thereof shall be amended as follows

(i) the words "In cases where a recall of other

cases is made in terms of sub-article (6)" thereof shall be

substituted by the words "In cases where the Court receives

a report prepared in accordance with sub-article (5)";

(ii) in the proviso thereof the words "to his drug

dependence." shall be substituted by the words "to his drug

dependence:" and immediately after there shall be added

the following new proviso

"Provided further that in those cases where the

Court has received a report prepared in accordance with

sub-article (5) and decides to impose an order in

accordance with the Probation Act or to grant a

suspended sentence, in such cases where subsequently the

person convicted commits another offence during the

operative period of the said order or suspended sentence,

such person shall be considered to have breached the said

order or the conditions of the suspended sentence and

consequently such person shall be judged afresh for the

original offence for which the probation order or

suspended sentence was granted.";

(h) in the Maltese version only, in sub-article (11)

thereof the words "dan ir-riferiment sar" shall be substituted by

the words "dik ir-referenza ma saritx".

In paragraph (b) of article 13 of the principal Act the words

"committed in or in relation to a correctional facility." shall be

substituted by the words "committed in or in relation to a prison or

other place of detention:" and immediately after there shall be added

the following new proviso

"Provided that paragraph (b) shall not apply when all

the following circumstances subsist

(a) where the offence with which the accused is

charged results from the possession of a small amount of

prohibited drug and the accused is not charged with drug

trafficking or with possession of a prohibited drug in

circumstances which indicate that such possession was not

for the personal use of the accused;

(b) where the offence with which the accused is

charged was committed during a period of drug

dependence and the offence is substantially attributable to

the proven drug dependence of the accused; and

(c) the accused is no longer a prisoner as defined in

article 2 of the Prisons Act or is no longer detained in Cap. 260.

another place of detention.".

Immediately after article 13 of the principal Act there shall be Addition of

Schedule to the

added the following new Schedule

principal Act.

"SCHEDULE

(article 8)

Quantity of prohibited drugs for the purposes of article 8(1)

1. amphetamine: less that 300 grams

2. cannabis: less than 300 grams

3. ecstasy: less than 300 pills

4. heroin and cocaine: less than 100 grams

5. ketamine: less than 150 grams

6. LSD: less than 300 squares

7. Any other prohibited drug: less than 300 pills or 300 squares

in the case of a drug in the form of pills or squares, or less than 100

grams in the case of drugs in any other form not being pills or

squares.".

Passed by the House of Representatives at Sitting No. 322 of the

12th March, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.90