DANGEROUS DRUGS ORDINANCE

CHAPTER 101

DANGEROUS DRUGS ORDINANCE

To amend and consolidate the law relating to the importation, exportation, manufacture,

sale and use of opium and other dangerous drugs.

1st September, 1939

ORDINANCE XXXI of 1939, as amended by Legal Notice 4 of 1963; Acts: XLVIII of 1975,

XI of 1977, XXIII of 1980, XLIX of 1981 and XIII of 1983; Legal Notice 32 of 1984; Act VIII of

1986; Legal Notice 58 of 1988; Act VIII of 1990; Legal Notices: 49, 93 of 1990; Acts VI of

1994, XVI of 1996, II of 1998, VI of 2000; Legal Notice 148 of 2000; Act III of 2002; Legal

Notices 278 of 2003, 1 of 2004; Acts XVI of 2006, XXIV, XXXI of 2007; Legal Notices 373, 409

of 2007, 331 of 2009; Acts IV, XXIV of 2014, VIII of 2015; Legal Notices 49 of 2016, 359, 360

of 2017, 43 of 2018, 230 of 2018 389 of 2018 V of 2019and Legal Notice 189 of 2019 and 119

and 120 of 2021, 165 of 2022 and 156 of 2023 and Acts XXXI of 2019, IV of 2020, VIII of

2020, V of 2021, XXXVI of 2021 and LXVI of 2021 and Legal Notice 179 of 2024 and Acts VII

and XII of 2025 and Legal Notice 97 of 2025.

The short title of this Ordinance is the Dangerous Drugs

Ordinance.

Preparations containing any of the drugs included in Parts I and

II of this Schedule subject to the exemptions listed in Part III of this

Schedule.

PART I

ACETORPHINE

A C E T Y L F E N TA N Y L , ( N - ( 1 - p h e n e t h y l p i p e r i d i n - 4 - y l ) - N -

phenylacetamide)

ACETYLMETHADOL

ACETYLALPHAMETHYL FENTANYL

ACRYLOYLFENTANYL, N-(1-phenethylpiperidin-4-yl)-N-

phenylacrylamide

AH-7921, (3,4-dichloro-N-[(1-(dimethylamino) cyclohexyl)methyl]

benzamide)

ALFENTANIL

ALLYLPRODINE

ALPHACETYLMETHADOL

ALPHAMEPRODINE

ALPHAMETHADOL

ALPHAMETHYL FENTANYL

ALPHAMETHYL THIOFENTANYL

ALPHAPRODINE

ANILERIDINE

BENZETHIDINE

BENZYLMORPHINE

BETACETYLMETHADOL

BETA-HYDROXYFENTANYL

BETA-HYDROXY-3-METHYLFENTANYL

BETAMEPRODINE

BETAMETHADOL

BETAPRODINE

BEZITRAMIDE

BRORPHINE, 1-{1-[1-(4-bromophenyl)ethyl]piperidin-4-yl}-1,3-

dihydro-2H-benzimidazol-2-one

B U T Y R F E N TA N Y L , N - p h e n y l - N - [ 1 - ( 2 - p h e n y l e t h y l ) - 4 -

piperidinyl]butanamide

BUTONITAZENE, 2-[(4-butoxyphenyl)methyl]-N,N-diethyl-5-

nitro-1H-benzimidazole-1-ethanamine)

CANNABIS - any extract or tincture thereof

Methyl

1-(2-phenylethyl)-4-

[phenyl(propanoyl)amino]piperidine-4-carboxylate

CLONITAZENE

COCAINE

CODOXIME

Concentrate of poppy straw (the material arising when poppy

straw has entered into a process for the concentration of its

alkaloid when such material is made available in trade)

(2E)- N -phenyl- N -[1-(2-

phenylethyl)piperidin-4-yl]but-2-enamide

N -phenyl- N -[1-(2-

phenylethyl)piperidin-4-yl]cyclopropanecarboxamide'

DESOMORPHINE

DEXTROMORAMIDE

DIAMPROMIDE

DIETHYLTHIAMBUTENE

DIFENOXIN

DIHYDROMORPHINE

DIMENOXADOL

DIMEPHEPTANOL

DIMETHYLTHIAMBUTENE

DIOXAPHETYL BUTYRATE

DIPHENOXYLATE

DIPIPANONE

DROTEBANOL

ECGONINE, its esters and derivatives which are convertible to

ecgonine and cocaine

E TA Z E N E , 2 - [ ( 4 - e t h o x y p h e n y l ) m e t h y l ] - N ,N - d i e t h y l - 1 H -

benzimidazole-1-ethanamine

ETHYLMETHYLTHIAMBUTENE

ETONITAZENE

ETONITAZEPIPNE, 2-[(4-Ethoxyphenyl)methyl]-5-nitro-1-(2-

piperidin-1-ylethyl)-1H-benzoimidazole

ETONITAZEPYNE, 2-[(4-ethoxyphenyl)methyl]-5-nitro-1-(2-

pyrrolidin-1-ylethyl)-1H-benzoimidazole

ETORPHINE

ETOXERIDINE

FENTANYL

4-FLUOROISOBUTYRFENTANYL (4-FIBF, pFIBF), N-(4-

Flu oroph en yl)-2 -meth yl-N-[1-(2-pheny lethyl)p iperidi n-4-

yl]propanamide

N -phenyl- N -[1-(2-

phenylethyl)piperidin-4-yl]furan-2-carboxamide

FURETHIDINE

HEROIN

HYDROCODONE

HYDROMORPHINOL

HYDROMORPHONE

HYDROXYPETHIDINE

ISOMETHADONE

N , N -diethyl-2-[[4-(1-

methylethoxy)phenyl]methyl]-5-nitro-1H- benzimidazole-1-

ethanamine

KETOBEMIDONE

LEVOMETHORPHAN*

LEVOMORAMIDE

LEVOPHENACYLMORPHAN

LEVORPHANOL*

MEDICINAL OPIUM

METAZOCINE

METHADONE

METHADONE - INTERMEDIATE

METHOXYACETYLFENTANYL, 2-methoxy-N-phenyl-N-[1-(2-

phenylethyl)piperidin-4-yl]acetamide

2-methyl-AP-237, 1-{2-methyl-4-[(2E)-3-phenylprop-2-en-1-

yl]piperazin-1-yl}butan-1-one

METHYLDESORPHINE

METHYLDIHYDROMORPHINE

METHYLFENTANYL (CIS and TRANS ISOMERS)

METHYLPHENYLPIPERIDOL PROPRIONATE (MPPP)

METONITAZENE, N,N-diethyl-2-[(4-methoxyphenyl)methyl]-5-

nitro-1H-benzimidazole-1-ethanamine

METONITAZEPYNE, 2-[(4-methoxyphenyl) methyl]-5-nitro-1-(2-

pyrrolidin-1-ylethyl)-1H-benzoimidazole

METOPON

MORAMIDE - INTERMEDIATE

MORPHERIDINE

MORPHINE

MORPHINE METHOBROMIDE and other pentavelent nitrogen

morphine derivatives, including in particular the morphine-

Noxide derivatives, one of which is Codeine-N-Oxide

MORPHINE-N-OXIDE

MT-45, (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine)

MYROPHINE

N-desethylisotonitazene,N-ethyl-2-[2-[(4-isopropoxyphenyl)

methyl]-5-nitro-benzimidazol-1-yl]ethanamine

NICOMORPHINE

NORACYMETHADOL

NORLEVORPHANOL

NORMETHADONE

NORMORPHINE

NORPIPANONE

O C F E N TA N I L , N - ( 2 - F l u o r o p h e n y l ) - 2 - m e t h o x y - N - [ 1 - ( 2 -

phenylethyl)piperidin-4-yl]acetamide

ORIPAVINE (3-O-demethylthebaine or 6,7,8,14-tetradehydro-

4,5-alpha-epoxy-6-methoxy-17-methylmorphinan-3-ol)

OXYCODONE

OXYMORPHONE

ORTHOFLUOROFENTANYL, N-(2-fluorophenyl)-N-[1-(2-

phenylethyl)-4-piperidinyl]-proponamide

PA R A F L U O R O B U T Y RY L F E N TA N Y L o r 4 F - B F, N - ( 4 -

fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide

PARA-FLUOROFENTANYL

PETHIDINE

PETHIDINE - INTERMEDIATE - A

PETHIDINE - INTERMEDIATE - B

PETHIDINE - INTERMEDIATE - C

PHENADOXONE

PHENAMPROMIDE

PHENAZOCINE

PHENETHYLPHENYLPIPERIDOL ACETATE

(ESTER) (PEPAP)

PHENOMORPHAN

PHENOPERIDINE

PIMINODINE

PIRITRAMIDE

PROHEPTAZINE

PROPERIDINE

N,N-diethyl-5-nitro-2-[(4-

propoxyphenyl)methyl]-1-H-benzimidazole-1-ethanamine

PROTONITAZEPYNE, 5-nitro-2-[(4-propoxyphenyl)methyl]-1-(2-

pyrrolidin-1-ylethyl)benzimidazole

RACEMETHORPHAN

RACEMORAMIDE

RACEMORPHAN

REMIFENTANIL

SUFENTANIL

TAPE NTADOL ,(3-[(1R,2R)-3-(dimethylam ino)-1-ethyl-2-

methylpropyl]phenol

TETRAHYDROFURANYLFENTANYL (THF-F), N-Phenyl-N-

[1-(2-phenylethyl)piperidin-4-yl]oxolane-2-carboxamide

THEBACON

THEBAINE

TILIDINE

TRIMEPERIDINE

U-47700, 3,4-dichloro-N-(2-dimethylamino-cyclohexyl)-N-

methyl-benzamide

VALERYLFENTANYL, N-phenyl-N-[1-(2-phenylethyl)piperidin-4-

yl]pentanamide

The isomers, unless specifically excepted, of the drugs in this Part

of the Schedule whenever the existence of such esters or ethers is

possible;

The esters and ethers, unless appearing in another Part of this

Schedule, of the drugs in this Part of the Schedule whenever the

existence of such esters or ethers is possible;

The salts of the drugs listed in this Part of the Schedule, including

the salts of esters, ethers and isomers as provided above whenever

the existence of such salts is possible.

*DEXTROMETHROPHAN and DEXTRORPHAN are

specifically excluded from this Part of the Schedule.

PART II

ACETYLDIHYDROCODEINE

CODEINE

DEXTROPROPOXYPHENE

DIHYDROCODEINE

ETHYLMORPHINE

NICOCODINE

NICODICODINE

NORCODEINE

PHOLCODINE

PROPIRAM

The isomers, unless specifically excepted, of the drugs in this

Part of the Schedule whenever the existence of such isomers is

possible within the specific chemical designation;

The salts of the drugs listed in this Part of the Schedule,

including the salts of the isomers as provided above whenever the

existence of such salts is possible.

PART III

Exemptions

1. Preparations of

ACETYLDIHYDROCODEINE

CODEINE

DIHYDROCODEINE

ETHYLMORPHINE

NICOCODINE

NICODICODINE

NORCODEINE, and

PHOLCODINE

when compounded with one or more other ingredients and

containing not more than 100 milligrammes of the drug per dosage

unit and with a concentration of not more than 2.5 per cent in

undivided preparations.

2. Preparations of propiram containing not more than 100 mg

of propiram per dosage unit and compounded with at least the same

amount of methylcellulose.

3. Preparations for oral use containing not more than 135

milligrams of dextropropoxyphene base per dosage unit or with a

concentration of not more than 2.5 per cent in undivided

preparations, provided that such preparations do not contain any

substance contained in the Third Schedule to the Medical and

Kindred Professions Ordinance.

4. Preparations of cocaine containing not more than 0.1 per

cent of cocaine calculated as cocaine base and preparations of

opium or morphine containing not more than 0.2 per cent of

morphine calculated as anhydrous morphine base and compounded

with one or more other ingredients and in such a way that the drug

cannot be recovered by readily applicable means or in a yield

which would constitute a risk to public health.

5. Preparations of difenoxin containing, per dosage unit, not

more than 0.5mg of difenoxin and a quantity of atropine sulfate

equivalent to at least 5 per cent of the dose of difenoxin.

6. Preparations of diphenoxylate containing per dosage unit,

not more than 2.5 milligrammes of diphenoxylate calculated as

base and a quantity of atropine sulphate equivalent to at least one

per cent of the dose of diphenoxylate.

7. Pulvis ipecacuanhae et opii compositus

10 per cent opium in powder

10 per cent ipecacuanha root, in powder well mixed with

80 per cent of any other powdered ingredient containing no

drug.

8. Preparations conforming to any of the formulae listed in

this Part of the Schedule and mixtures of such preparations with

any material which contains no drug.

(1) In this Ordinance unless the context otherwise

requires -

"coca leaves" means the leaves of the Erythroxylum Coca

L a m a re k a n d t h e E r y t h ro x y l u m N o v o g r a n a t e n s e ( M o r r i s )

H i e ro n y m u s a n d t h e i r v ar i e t i e s b e l o n g i n g t o t h e f a m i l y o f

Erythroxylaceae and the leaves of other species of this genus from

which cocaine can be extracted either directly or by chemical

transformation;

"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 inflorescence, leaves, extracts and products derived from

non-psychoactive phytocannabinoids containing not more than zero

point two (0.2) percent of psychoactive cannabinoids

Provided that synthetic cannabinoids and synthetic cannabinoid

products, in any form or manner of presentation, including but not

limited to any matter originally derived from the cannabis plant which

has been processed, refined or otherwise chemically altered, as well as

manufactured products, edible products, liquids, powders, or

vapourisable substances, shall be deemed to constitute a prohibited drug

punishable in the same manner and to the same extent as offences

relating to cannabis;

"drug" means any of the following

(i) a substance covered by the 1961 United Nations Single

Convention on Narcotic Drugs, as amended by the 1972

Protocol, or by the 1971 United Nations Convention on

Psychotropic Substances;

(ii) any of the substances listed in the Annex to the Council

Framework Directive 2004/757/JHA;

"export", with its grammatical variations and cognate

expressions, in relation to Malta, means to take or cause to be taken

out of Malta in any manner whatsoever;

"import", with its grammatical variations and cognate

expressions, in relation to Malta, means to bring or cause to be

brought into Malta in any manner whatsoever;

"medicinal opium" means raw opium which has undergone the

processes necessary to adapt it for medicinal use in accordance

with the requirements of the British Pharmacopoeia, whether it is in

the form of powder or is granulated or is in any other form and

whether it is or is not mixed with neutral materials;

"new psychoactive substance" means a substance in pure form or in

a preparation that is not covered by the 1961 United Nations Single

Convention on Narcotic Drugs, as amended by the 1972 Protocol, or

by the 1971 United Nations Convention on Psychotropic Substances

which may pose health or social risks similar to those posed by the

substances covered by those Conventions;

""non-psychoactive phytocannabinoids" means such products as the

Minister responsible for the Authority on the Responsible Use of

Cannabis Act may by regulations, from time to time, include in Part I

of the Fifth Schedule to this Ordinance;

"preparation" means a mixture containing one or more new

psychoactive substances;

"prepared opium" means opium prepared for smoking and

includes dross and any other residues remaining after opium has

been smoked;

" "psychoactive cannabinoids" means such products as the Minister

responsible for the Authority on the Responsible Use of Cannabis

Act may by regulations, from time to time, include in Part II of the

Fifth Schedule to this Ordinance;

"raw opium" means the spontaneously coagulated juice obtained

from the capsules of the Papaver Somniferum L., which has only

been submitted to the necessary manipulations for packing and

transport, whatever its content of morphine;

"synthetic cannabinoids" means fully synthetic or semi-synthetic

cannabinoids, whether or not they occur naturally in trace amounts in

the cannabis plant, that are chemically processed or refined to act on

cannabinoid receptors and produce psychoactive effects, as the

Minister responsible for the Authority on the Responsible Use of

Cannabis Act may, by regulations made from time to time, include in

Part III of the Fifth Schedule to this Ordinance;

"the Single Convention" means the Single Convention on

Narcotic Drugs adopted at New York on the 30 March, 1961 as

subsequently amended by the Protocol adopted in Geneva on the 25

March, 1972.

(2) In this Ordinance, unless the context otherwise requires,

any reference to this Ordinance shall be deemed to include a

reference to rules made thereunder.

PART I

R AW O PIUM AND C OCA L EAVES

FORM A

(Article 14(2))

DANGEROUS DRUGS ORDINANCE

(CHAPTER 101)

Import Certificate issued by the Serial No....................

Government of Malta

File No . ..................

CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT

I, being the person charged with the administration of the law

relating to dangerous drugs to which the Single Convention 1961

applies, hereby certify that I have approved the importation by *

of †

*Insert name, address and business of importer.

†Insert exact description and amount of drugs to be imported.

from *

subject to the conditions that -

(i) the consignment shall be imported before the

(ii) the consignment shall be imported in one

consignment; and

(iii) if the importation of all the drugs specified

above is not effected before the date specified in

condition No. (i) this authorization shall be

surrendered forthwith to the Chief Government

Medical Officer

and that I am satisfied that the consignment proposed to be

imported is required -

† for legitimate purposes (in the case of raw opium or

(1)

the coca leaf).

(2) § solely for medicinal or scientific purposes (in the

case of dangerous drugs other than raw opium and

coca leaf).

(Date).............................

(Signature and stamp of the

Chief Government Medical Officer).

This document is solely for production to the government of the

country from which the drug is proposed to be obtained.

FORM B

(Article 13 (1))

DANGEROUS DRUGS ORDINANCE

(Chapter 101)

File No................................

Applicant’s

Reference No ....................

Serial No . ..............................

EXPORT AUTHORIZATION

In pursuance of the Dangerous Drugs Ordinance (Chapter 101),

the Chief Government Medical Officer hereby authorizes

(hereinafter called "the exporter")

to export from -

(1) ‡ the port of

by s. s.

*Insert name and address of firm in exporting country from which the drug is to be

obtained.

†Strike out words not applicable.

‡ Strike out words not applicable.

(2) * Malta by Parcel Post in

parcels from the

to

in virtue of import Certificate No.

dated

issued by

the following drugs, namely

This authorization is issued subject to the following conditions

1. This authorization is not a licence to obtain or to be in

possession of the drugs named herein.

2. This authorization is available only for drugs of the exact

quantity, kind and form specified above.

3. This authorization does not relieve the exporter from

compliance with any customs regulations in force for the time

being relating to the exportation of goods from Malta nor from any

provision of the Post Office Act (Chapter 254) or of any post office

regulations for the time being in force, nor from any rules or

regulations respecting the transmission of articles by post which

may for the time being be in force, whether within Malta or

elsewhere.

4. If the drugs are authorized to be exported by ship the

d u p l i c a t e c o p y, w h i c h i s a t t a c h e d , s h a l l a c c o m p a n y t h e

consignment to the place of destination and for this purpose the

exporter shall cause it to be delivered to the master of the vessel by

which the consignment is despatched.

5. If the drugs are authorized to be exported by post the

attached duplicate copy shall be placed inside the outer wrapper of

the parcel containing the drugs. If the drugs are contained in more

than one parcel, the duplicate copy shall be placed inside the outer

wrapper of one of them ; the parcels shall be consecutively

numbered on the outer wrapper, and on each parcel there shall be

legibly stated the number of the parcel in which the duplicate copy

is to be found. [See footnote (2).]

6. The exporter, if so required by the Comptroller of Customs,

shall produce to him, within such time as he may allow, proof to his

s a t i s f a c t i o n t h a t t h e sa i d d r u g s w e r e d u l y d e l i v e r e d a t t h e

destination named in this authorization, and in the event of non-

compliance with this condition the authorization shall be deemed

void and of no effect.

7. The exporter shall furnish to the Chief Government

Medical Officer such returns of the goods exported by him in

pursuance of this authorization as may from time to time be

required.

8. This authorization is valid only for the exporter named

above and may be revoked at any time by the Chief Government

Medical Officer. It shall be produced for inspection when required

by any duly authorized person.

9. This authorization, unless sooner revoked, shall continue

in force for three calendar months from the date hereof. It must be

produced at the time of export, to an officer of -

(1) * the Customs Department,

(2) * the Post Office,

who will retain it. If not used it shall be surrendered to the Chief

Government Medical Officer within seven days of the date of its

expiry.

Date...........................

(Signature and stamp of the

Chief Government Medical Officer).

Note

(1) If any alteration is desired in this authorization it must be

returned with a request for amendment and a statement of the

reasons therefor. No unauthorized alteration is permissible.

(2) In the case of drugs exported by post failure to comply with

this condition may lead to delay or confiscation of the parcels in the

country of destination.

FORM C

(Article 14 (1))

DANGEROUS DRUGS ORDINANCE

(CHAPTER 101)

Authorization No .................

File No .................

IMPORT AUTHORIZATION

In pursuance of the Dangerous Drugs Ordinance (Chapter 101)

(hereinafter called "the Ordinance"), the Chief Government

Medical Officer hereby authorizes †

(hereinafter called "the importer") to import the drugs specified

in the Schedule hereto, from ‡

This authorization is issued subject to the following conditions

1. The drugs shall be imported before (date)

2. This authorization is not a licence to be in possession of or

to supply the drug imported.

3. This authorization does not relieve the importer from

compliance with any Customs regulations in force for the time

being relating to the importation of goods into or transhipment of

goods in Malta, or any Post Office regulations for the time being in

force in Malta.

4. This authorization is valid only for the importer and may

*Strike out words not applicable.

†Insert name and full postal address of importer.

‡Insert name and full postal address of exporter.

be revoked at any time by the Chief Government Medical Officer to

whom it shall in that event be immediately surrendered. It shall be

produced for inspection when required by any duly authorized

person.

5. This authorization unless sooner revoked shall be produced

to the Comptroller of Customs at the time of importation and shall

be surrendered to the Comptroller of Customs at the time when the

last consignment of drugs is imported.

6. If the importation of all the drugs specified in the Schedule

is not effected before the date specified in condition No. 1 this

authorization shall immediately after that date be surrendered to the

Chief Government Medical Officer.

7. The copy of the export authorization, if any, which

accompanies the drugs, shall be forwarded to the Chief

Government Medical Officer immediately the importation of the

drugs has been effected.

(Date) .............................

(Signature and stamp of the

Chief Government Medical Officer.)

SCHEDULE specifying the drugs and quantities thereof to be

imported.

This authorization is not to leave the possession of the importer

until it is surrendered to the Chief Government Medical Officer or

to the Comptroller of Customs, who will complete the certificate on

the back and return the authorization to the Chief Government

Medical Officer.

ENDORSEMENT BY COMPTROLLER OF CUSTOMS

at the time of Importation

Date Description Number and Quantity

How

Customs Signature and

of drugs date of Export

imported

entry or

stamp of

imported Authorization

Parcel No. Comptroller

of Customs

e.g.,

ex ... (In the

case of a

ship), or by

registered

parcel post or

by insured

box post.

This authorization, when all the drugs to which it relates have been

imported, must be returned by the Comptroller of Customs to the Chief

Government Medical Officer.

FORM D

(Article 16 (1))

DANGEROUS DRUGS ORDINANCE

(CHAPTER 101)

LICENCE FOR THE REMOVAL OF DANGEROUS DRUGS IN

TRANSIT

.................................................is hereby authorized to move the

dangerous drugs described hereunder from .....................................

..........................to .........................................................................

Nature and quantity of dangerous drugs .........................................

Particulars of export authorization (or

diversion certificate if any) relating thereto .............................

Name of ship on which the drugs

were brought into Malta

Date of arrival

Number of packages

Marks and numbers on packages

This licence is issued subject to the following conditions: -

(1) This licence is valid only for the removal of the drugs

specified above.

(2) The removal of the drugs shall take place between

a.m./p.m. and ............... a.m./p.m. on the ........................................

20...............

(3) If the removal of the drugs does not take place within the

hours and on the day specified, this licence must be returned to the

Comptroller of Customs forthwith; and in any case shall be

surrendered when the removal has taken place.

(4) The drugs must not be moved unless an officer of the

Customs Department is present.

(5) This licence does not authorize the person named above to

be in possession of the drugs otherwise than for the purpose of

removing them in accordance with this licence.

(6) The packages containing the drugs are not to be opened or

broken in the course of the removal.

(7) This licence shall be produced at any time when required

by a duly authorized person.

(Date) .......................

(Signature and stamp of the

Comptroller of Customs.)

FORM E

(Article 18(1))

DANGEROUS DRUGS ORDINANCE

(CHAPTER 101)

DIVERSION CERTIFICATE

I, hereby certify that I have authorized the diversion of the

consignment of drugs, of which particulars are given below, to the

destination stated below:-

Description and quantities of drugs

Name of vessel on which the consignment

was brought to Malta

Name and address of the exporter

Number and date of export authorization

and authority by whom issued

Name and address of original consignee

named in the export authorization

Name and address of consignee to whom the

consignment is authorized to be diverted

Number and date of import certificate

(and authority by whom issued) by virtue of

which this diversion is authorized

Name of vessel on which the consignment

is authorized to be carried from Malta

Period within which the consignment is

to be carried from Malta

This certificate is issued subject to the following conditions

(1) The duplicate copy of this certificate shall accompany the

consignment to the place of destination, and for this purpose shall

be delivered to the master of the vessel by which the consignment

is despatched.

(2) This certificate does not relieve any person who may be

concerned with the carriage of the consignment of drugs specified

above from compliance with any customs regulations in force for

the time being relating to the exportation of goods from Malta.

(3) This certificate is valid only for the consignment and for

the period specified above, and may be revoked at any time.

(4) If the consignment of drugs is not carried from Malta

w i t h i n t h e p e r i o d s p e c i f i e d a b o v e , th i s c e r t i f i c a t e s h a l l b e

surrendered to the Chief Government Medical Officer.

(5) This certificate shall be produced at any time when

required by a duly authorized person.

(Date)......................

(Signature and stamp of the Chief

Government Medical Officer)

Note

(1) If any alteration is desired in this authorization, it must be

returned with a request for amendment and a statement of the

reason therefor. No unauthorized alteration is permissible.

(2) This document is to be produced to the competent

authorities of any country through which the consignment passes,

whether it is transhipped or not. Failure to comply with the

condition may lead to delay or confiscation of the consignment.

(1) The Minister responsible for public health may make

rules for controlling or restricting the production, possession, sale

and distribution of raw opium or coca leaves, and in particular, but

without prejudice to the generality of the foregoing power, for

prohibiting the production, possession, sale or distribution of raw

opium or coca leaves except by persons licensed or otherwise

authorised in that behalf.

(2) The Minister responsible for public health may fix such

penalties for the breach or non-observance of any rule as he may

think fit, not exceeding imprisonment for one month or a fine

(multa) of three hundred and forty-nine euro and forty-one cents

(349.41).

Added by

VI. 1994.21.

(Article 22(ID))

Amended by

L.N. 278 of 2003;

L.N. 1 of 2004.

TABLE I

CATEGORY I

CAS No ( 1 )

Substance

CN designation

CN code

(if different)

1-Phenyl-2-propanone

Phenylacetone

2914 31 00

103-79-7

N-acetylanthranilic acid

2-Acetamidobenzoic

2924 23 00

89-52-1

acid

Isosafrol (cis + trans)

2932 91 00

120-58-1

3,4-methylenedioxyphenl-

1-(1,3-Benzodioxol-

2932 92 00

4676-39-5

propan-2-one

5-yl)propan-2-one

Piperonal

2932 93 00

120-57-0

Safrole

2932 94 00

94-59-7

Ephedrine

2939 41 00

299-42-3

Pseudoephedrine

2939 42 00

90-82-4

Norephedrine

Ex 2939 49 00 14838-15-4

Ergometrine

2939 61 00

60-79-7

Ergotamine

2939 62 00

113-15-5

Lysergic acid

2939 63 00

82-58-6

The stereoisomeric forms of the substances listed in this Category not being

cathine ( 2 ) whenever the existence of such forms is possible.

The salts of the substances listed in this Category whenever the existence of such

salts is possible and not being the salts of cathine.

CATEGORY II

Substance

CN designation

CN code

CAS No ( 1 )

(if different)

Acetic anhydride

2915 24 00

108-24-7

Phenylacctic acid

2916 34 00

103-82-2

Anthranilic acid

2922 43 00

118-92-3

Piperidine

2933 32 00

110-89-4

Potassium permanganate

2841 61 00

7722-64-7

The salts of the substances listed in this Category whenever the existence of such

salts is possible.

CATEGORY III

Substance

CN designation

CN code

CAS No ( 1 )

(if different)

Hydrochloric acid

Hydrogen chloride

2806 10 00

7647-01-0

Sulphuric acid

2807 00 10

7664-93-9

Toluene

2902 30 00

108-88-3

Ethyl ether

Diethyl ether

2909 11 00

60-29-7

Acetone

2914 11 00

67-64-1

Methylethylketone

Butanone

2914 12 00

78-93-3

The salts of the substances listed in this Category whenever the existence of such

salts is possible and not being the salts of hydrochloric acid and sulphuric acid.

( 1 ) The CAS No. is the ''Chemical Abstract Service Registry Number'' which is

a unique numeric identifier specific to cash substance and its structure. The CAS No.

is specific to each isomer and to each salt of each isomer. Hence the CAS Nos for the

salts of the substances listed above are different to those given.

( 2 )

Also named (1)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-

7. TABLE II

ACETIC ANHYDRIDE

ACETONE

ANTHRANILIC ACID

ETHYL ETHER

PHENYLACETIC ACID

PIPERIDINE

METHYL ETHYL KETONE

TOLUENE

POTASSIUM PERMANGANATE

SULPHURIC ACID

HYDROCHLORIC ACID

The salts of the substances listed in this Table whenever the existence of such salts

is possible.

No person shall cultivate the opium poppy (papaver

somniferum) or the coca plant (Erythroxylum Coca).

PART II

P REPARED O PIUM

Added by

XXIV. 2014.90;

(Article 22)

LXVI. 2021.25.

Amended by

VII.2025.8.

Guidelines on the exercise of discretion

These guidelines apply to all accused persons aged 16 and over.

In determining the court in which a person accused of an offence against this

Ordinance is to be tried the harm or the potential harm caused by the offence charged

shall be the principal consideration.

The quantity of the drug is a principal consideration in assessing harm. The purity

need not necessarily be taken into account at the initial stage but it may be

considered in determining whether a person initially referred for trial before the

Criminal Court is to be referred for trial before the Court of Magistrates at a later

The role played by the accused in the crime shall, if sufficient information is

available, also be taken into consideration.

In such cases a distinction should be made between persons who played a leading

role, a significant role or a lesser role in the commission of the offence.

A leading role in the commission of the offence may be indicated by the following

that the accused organized or directed buying and selling of a drug on a

commercial scale;

that the accused had substantial links to and significant influence on

other persons in a chain;

that the accused had close links to the original source of the drugs;

that the accused made substantial financial gain or had an expectation of

substantial financial gain;

that the accused used a legitimate business as a cover for buying or

selling drugs;

that the accused has abused a position of trust or of significant

responsibility in the commission of the offence, for example when the

accused is a prison employee or a legal or medical professional.

A significant role in the commission of the offence may be indicated by the

that the accused had an operational or a management function within a

chain;

that the accused involved others in the operation either by exerting

pressure or influence upon them or by intimidation or offer of reward;

that the accused was motivated by the prospect of financial or other

advantage, irrespective of whether the accused was acting alone or with

others;

that the accused appeared to be aware and to understand the scale of the

operation;

that the accused, not being a person abusing a position of trust or

responsibility, supplied the drug to a prisoner for gain but without

coercion.

A lesser role in the commission of the offence may be indicated by the following

that the accused has performed a limited role in the commission of the

offence and has acted under the direction of others;

that the accused was engaged by others to commit the offence by

pressure, coercion or intimidation;

that the accused got involved in the commission of the offence because

of his naivete or because he was exploited by others;

that the accused had no influence on those above him in a chain;

that the accused had very little, if any, understanding of the scale of the

operation;

that taking all circumstances into account it is reasonable to conclude

that the accused was involved in the commission of the offence solely

for the purpose of obtaining drugs for his own use;

that the accused made no financial gain from the offence, for example in

cases involving a common purchase of a minimal quantity for no profit

or the sharing of a minimal quantity between friends on a non-

commercial basis.

Aggravating factors resulting from the law shall be taken into consideration.

Other aggravating factors that may be taken into consideration may include

the sophisticated nature of concealment of the drug and the nature of

any attempt to avoid detection;

any attempts made to conceal or to dispose of evidence;

the exposure of others to exceptional danger such as when a drug is cut

with harmful substances;

high purity of the drug

that the accused has targeted places intended to locate vulnerable

persons or has sought to supply drugs to minors;

that others, especially children and non-users were present when the

accused committed the offence.

The following amounts involved in the offence, when the said amounts are known,

can be taken as indicative that a person should not be referred for trial before the

Criminal Court

heroin and cocaine: less than 200 grams

cannabis: less than a kilo

Assistance which the accused may have rendered to the Police or to the

prosecution may also be taken into account.

No person shall import or bring into, or export from Malta

any prepared opium.

(Article 2)

Part I

Non-psychoactive phytocannabinoids

CBD, Cannabidiol

CBG, Cannabigerol

CBC, Cannabichromene

CBDV, Cannabidivarine

Part II

Psychoactive cannabinoids

THC, Tetrahydrocannabinol

Part III

Synthetic cannabinoids

HHC, hexahydrocannabinol

HHC-O acetate, HHCO, HHCOA, hexahydrocannabinol O-Acetate

HHC-P, hexahydrocannabiphorol

H4-CBD, tetrahydrocannabidiol, Hydrogenated CBD, THD,

cyclohexyl CBD

THC-P, tetrahydrocannabiphorol, Delta-9-THCP

HHCH, hexahydrocannabihexol, HHC-H

Delta-8-THCP, delta-8-Tetrahydrocannabiphorol, JWH 091, THC-

heptyl

THCB, Tetrahydrocannabutol, Delta-9-THCB, Delta-9-THC-C4,

Delta-9-THC-butyl

9-OH-HHC, 9-Hydroxyhexahydrocannabinol, 9-hydroxy-HHC

delta-8-THC acetate, Δ8-Tetrahydrocannabinol Acetate Δ8-THC-O-

Acetate

Delta-8-THC methylether, 1-methyl-Δ8-THC; Δ8-

Tetrahydrocannabinol methylether

Delta-9-THCP acetate, Δ9-Tetrahydrocannabiphorol Acetate; delta-

9-THC-C7-Acetate

delta-9-THCH, delta-9-Tetrahydrocannabihexol, delta-9-THC-C6

HHC-P-O-acetate, hexahydrocannabiphorol acetate

Delta-8-THCH, delta-8-tetrahydrocannabihexol delta-8-THC-C6

CC9 (9R-Hexahydrocannabinol-C9)

Delta-9-THC-JD, 3-octyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-

dibenzo[b,d]pyran-1-ol, delta-9-THC-C8

If any person -

(a) manufactures, sells or otherwise deals in prepared

opium; or

(b) has in his possession any prepared opium; or

(c) being the occupier of any premises permits those

premises to be used for the purpose of the preparation

of opium for smoking or the sale or smoking of

prepared opium; or

(d) is concerned in the management of any premises used

for any such purpose as aforesaid; or

(e) has in his possession any pipes or other utensils for use

in connection with the smoking of opium, or any

utensils for use in connection with the preparation of

opium for smoking; or

(f)

smokes or otherwise uses prepared opium, or frequents

any place used for the purposes of opium smoking,

he shall be guilty of an offence against this Ordinance.

PART III

CANNABIS

No person shall import or bring into, or export from, Malta

any resin obtained from the plant Cannabis.

If any person -

(a) has in his possession (otherwise than in the course of

transit through Malta or the territorial waters thereof

the resin obtained from the plant Cannabis or any

preparations of which such resin formed the base; or

(b) produces, sells or otherwise deals in the resin obtained

from the plant Cannabis or any preparations of which

such resin formed the base; or

(c) cultivates the plant Cannabis; or

(d) has in his possession (otherwise than in the course of

transit through Malta or the territorial waters thereof)

the whole or any portion of the plant Cannabis

(excluding its medicinal preparations); or

(e) sells or otherwise deals in the whole or any portion of

the plant Cannabis (excluding its medicinal

preparations),

he shall be guilty of an offence against this Ordinance.

PART IV

C OCAINE, M ORPHINE, ETC.

(1) For the purpose of preventing the improper use of the

drugs to which this Part of this Ordinance applies, the Minister

responsible for public health may make rules for controlling the

manufacture, sale, possession and distribution of those drugs, and

in particular, but without prejudice to the generality of the

foregoing power, for -

(a) prohibiting the manufacture of any drug to which this

Part of this Ordinance applies except on premises

licensed for the purpose and subject to any conditions

specified in the licence; and

(b) prohibiting the manufacture, sale or distribution of any

such drug except by persons licensed or otherwise

authorized under the rules and subject to any

conditions specified in the licence or authority; and

(c) regulating the issue by medical practitioners of

prescriptions containing any such drug and the

dispensing of any such prescriptions; and

(d) requiring persons engaged in the manufacture, sale or

distribution of any such drug to keep such books and

furnish such information either in writing or otherwise

as may be prescribed; and

(e) controlling or restricting the possession of or dealing

in any such drug while in transit through Malta.

(2) The rules under this article shall provide for authorizing

any person who lawfully keeps open a shop for the retailing of

poisons in accordance with the provisions of the Medical and

Kindred Professions Ordinance-

(a) to manufacture at the shop in the ordinary course of his

retail business any preparation, admixture, or extract

of any drug to which this Part of this Ordinance

applies; or

(b) to carry on at the shop the business of retailing,

dispensing or compounding any such drug,

subject to the power of the Minister responsible for public health to

withdraw the authorization in the case of a person who has been

convicted of an offence against this Ordinance or of an offence

under the Customs Ordinance as applied by this Ordinance, and

who cannot, in the opinion of the Minister responsible for public

health properly be allowed to carry on the business of

manufacturing or selling or distributing, as the case may be, any

such drug.

(3)

Nothing in any rules made under this article shall be taken-

(a) to authorize the sale, or the keeping of an open shop

for the retailing, dispensing or compounding, of

poisons by any person who is not qualified in that

behalf under, or otherwise than in accordance with, the

provisions of the Medical and Kindred Professions

Ordinance;

(b) to be in derogation of the provisions of the Medical

and Kindred Professions Ordinance, for prohibiting,

restricting or regulating the sale of poisons.

(1) The drugs to which this Part of this Ordinance applies

are those mentioned in the First Schedule hereto.

(2) For the purpose of this article, percentages in the case of

liquid preparations shall, unless other provision in that behalf is

made by rules under this Ordinance, be calculated on the basis that

a preparation containing one per centum of any substance means a

preparation in which one gramme of the substance, if a solid, or one

millilitre of the substance, if a liquid, is contained in every one

hundred millilitres of the preparation, and so in proportion for any

greater or less percentage.

(3) Where it appears to the Minister responsible for public

health that any other drug of whatever kind is or is likely to be

productive, if improperly used, or is capable of being converted

i n t o a su b s t a n c e w h i c h i s , o r i s l i k e l y t o b e p r o d u c t i v e , i f

improperly used, of ill-effects substantially of the same character

or nature as or analogous to those produced by the drugs mentioned

in the First Schedule hereto, the said Minister may by order in the

Gazette make any additions, variations or alterations to such

schedule.

(4) If the Minister responsible for public health thinks fit to

declare by order that a finding with respect to any preparation

containing any of the drugs to which this Part of this Ordinance

applies has been communicated by the Secretary-General of the

United Nations Organisation to the parties to the Single

Convention, the provisions of this Part of this Ordinance shall as

from such date as may be specified in the order cease to apply to

the preparation specified therein.

(1) It shall not be lawful for any person to trade in or

manufacture for the purpose of trade any products obtained from

any of the phenanthrene alkaloids of opium or from the ecgonine

alkaloids of the coca leaf, not being a product which was on the

l3th July, 1931, being used for medical or scientific purposes

Provided that if the Minister responsible for public health is

at any time satisfied as respects any such products that it is of

medical or scientific value, he may by order direct that this sub-

article shall cease to apply to that product.

(2) If any person acts in contravention of sub-article (1), he

shall be guilty of an offence against this Ordinance.

(3) If it is made to appear to the Minister responsible for public

health that a decision with respect to any such product as is

mentioned in sub-article (1) has been communicated by the

Secretary-General of the United Nations Organisation to the parties

to the Single Convention, the Minister responsible for public

health, by order, may, as the case requires, either declare that the

provisions of this Part of this Ordinance shall apply to that product

in the same manner as they apply to the drugs mentioned in article

10(1) or apply the said part to that product with such modification

as may be specified in the order.

(4) The Minister responsible for public health may, by order,

apply this Part of this Ordinance with such modifications as may be

specified in the order, to any of the following drugs, that is to say

methylmorphine (commonly known as codeine), ethylmorphine

(commonly known as dionin) and their respective salts.

PART V

C ONTROL OF E XTERNAL T RADE

In this Part, unless the context otherwise requires-

"conveyance" includes ship, aircraft, and any other means of

transport by which goods may be brought into or taken from Malta;

"dangerous drug" means any drug to which Part IV of this

Ordinance applies, and includes raw opium, coca leaves, cannabis,

and all preparations of which resins obtained from cannabis form

the base, and, for the purposes of articles 15 to 18 both inclusive,

includes also the resins obtained from the cannabis;

"d i v e r s i o n c e r t i f i c a t e " m e a n s a c e r t i f i c a t e i ss u e d b y t h e

competent authority of a country through which a dangerous drug

passes in transit, authorizing the diversion of such drug to a country

other than that specified as the country of ultimate destination in

the export authorization, and containing all the particulars required

to be included in an export authorization, together with the name of

the country from which the consignment was originally exported;

"export", with its grammatical variations and cognate

expressions, in relation to Malta, means to take or cause to be taken

out of Malta by air or water, otherwise than in transit;

"export authorization" means an authorization issued by a

competent authority in a country from which a dangerous drug is

exported, containing full particulars of such drug, and the quantity

authorized to be exported, together with the names and addresses of

the exporter and the person to whom it is to be sent, and stating the

country to which, and the period within which, it is to be exported;

"import", with its grammatical variations and cognate

expressions, in relation to Malta, means to bring or cause to be

brought into Malta by air or water, otherwise than in transit;

"import authorization" means a licence, issued by a competent

authority, authorizing the importation of a specified quantity of a

dangerous drug and containing full particulars of the drug, together

with the name and address of the person authorized to import the

drug, the name and address of the person from whom the drug is to

be obtained, and specifying the period within which the importation

must be effected;

"import certificate" means a certificate substantially in the Form

A set out in the Second Schedule hereto, issued by a competent

authority in a country into which it is intended to import dangerous

drugs;

"in transit" means taken or sent from any country and brought

into Malta by air or water (whether or not landed or transhipped in

Malta) for the sole purpose of being carried to another country

either by the same or another conveyance.

(1) Upon the production of an import certificate duly

issued by the competent authority in any country, it shall be lawful

for the Chief Government Medical Officer to issue an export

authorization in the Form B set out in the Second Schedule hereto

in respect of any drug referred to in the import certificate to any

person who is named as the exporter in such certificate, and is,

under the provisions of this Ordinance, otherwise lawfully entitled

to export such drug from Malta. The export authorization shall be

prepared in triplicate and two copies shall be issued to the exporter

who shall send one copy with the drug to which it refers when such

drug is exported. The Chief Government Medical Officer shall send

the third copy direct to the appropriate authority of the country of

ultimate destination. Subject to the provisions of sub-article (2), it

shall be in the absolute discretion of the Chief Government Medical

Officer in all cases to issue or refuse an export authorization, as he

may see fit.

(2) No dangerous drugs shall be exported from Malta unless the

consignor is in possession of a valid and subsisting export

authorization relating to such drug granted under this Ordinance.

(3) At the time of exportation of any dangerous drug the

exporter shall produce to the Comptroller of Customs the

dangerous drug, the export authorization relating thereto, and such

other evidence as the Comptroller of Customs may require to

satisfy him that the drug is being lawfully exported to the place and

person named in the authorization which refers to it.

(1) An import authorization in the Form C set out in the

Second Schedule hereto permitting the importation into Malta of

any dangerous drug specified therein may be granted by the Chief

Government Medical Officer, subject to such conditions as he shall

deem fit, to any person who may lawfully import such drug.

(2) Where an import authorization is issued in pursuance of

sub-article (1), the Chief Government Medical Officer shall also

issue, in relation to the dangerous drug intended to be imported, an

import certificate (Form A) which shall be forwarded by the

intending importer to the person from whom the drug is to be

obtained. When the importer to whom an import authorization is

issued under this article intends to import the drug or drugs to

which such authorization relates, in more than one consignment, a

separate import certificate shall be issued to him in respect of each

such consignment.

(3) No dangerous drug shall be imported into Malta unless the

person to whom the drug is consigned is in possession of a valid

and subsisting import authorization granted in pursuance of this

article.

(4) Every dangerous drug imported into Malta shall be

accompanied by a valid and subsisting export authorization or

diversion certificate.

(1) No person shall bring any dangerous drug to Malta in

transit unless -

(a) the drug is in course of transit from a country from

which it may lawfully be exported, to another country

into which such drug may lawfully be imported; and

(b) it is accompanied by a valid and subsisting export

authorization or diversion certificate, as the case may

be.

(2) Where any dangerous drug in transit is accompanied by an

export authorization or diversion certificate and the Comptroller of

Customs has reasonable ground for believing that such

authorization or certificate is false, or that it has been obtained by

fraud or wilful misrepresentation of a material particular, it shall be

lawful for the Comptroller of Customs to seize and detain the drug

to which such authorization or certificate relates. Upon being

satisfied that such authorization or certificate is valid or has not

been obtained by fraud or misrepresentation as aforesaid the

Comptroller of Customs shall release the drug.

(3) Where any dangerous drug brought into Malta in transit is

landed, or transhipped in Malta, it shall remain under the control of

the Comptroller of Customs and shall be moved only under and in

accordance with a removal licence granted in pursuance of article

(1) Ħadd ma jista’ jimporta jew jesporta, jew iġiegħel li

tiġi importata jew esportata, jew jagħmel xi ħaġa biex tkun tista’

tiġi importata jew esportata, mediċina perikoluża f’Malta jew minn

Malta ħlief taħt u skont id-dispożizzjonijiet ta’ din l-Ordinanza.

(2) Għall-finijiet ta’ dan l-artikolu, il-kliem "importazzjoni" u

"esportazzjoni" u l-varjazzjonijiet grammatikali tagħhom u l-

espressjonijiet imnisslin minnhom għandu jkollhom it-tifsir mogħti

lilhom fl-artikolu 2(1).

(4) Nothing in this article contained shall be deemed to apply

to any dangerous drug in transit by air if the aircraft passes over

Malta without landing, or to such quantities of dangerous drugs as

may, bona fide, reasonably form part of the medical stores of any

ship or aircraft.

15A. (1) No person shall import or export, or cause to be

imported or exported, or take any steps preparatory to importing or

exporting, any dangerous drug into or from Malta except in

pursuance of and in accordance with the provisions of this

Ordinance.

(2) For the purposes of this article the words "import" and

"export" and their grammatical variations and cognate expressions

shall have the meaning assigned to them in article 2(1).

16. (1) No person shall -

(a) remove any dangerous drug from the conveyance by

which it is brought into Malta in transit; or

(b) in any way move any such drug in Malta at any time

after removal from such conveyance,

except under and in accordance with a licence (in the Form D set

out in the Second Schedule hereto and in this Ordinance referred to

as a "removal licence") issued by the Comptroller of Customs. In

all cases it shall be in the absolute discretion of the Comptroller of

Customs to issue or refuse a removal licence as he shall deem fit.

(2) No removal licence for the transfer of any such drug to any

conveyance for removal out of Malta shall be issued unless and

until a valid and subsisting export authorization or diversion

certificate relating to it is produced to the Comptroller of Customs.

It shall be unlawful for any person to cause any dangerous

drug in transit to be subjected to any process which would alter its

nature, or wilfully to open or break any package containing a

dangerous drug in transit except under the instructions of the

Comptroller of Customs and in such manner as he may direct.

(1) No person shall, except under the authority of a

diversion certificate in the Form E set out in the Second Schedule

hereto, cause or procure any dangerous drug brought into Malta in

transit to be diverted to any destination other than that to which it

was originally consigned. In the case of any drug in transit

accompanied by an export authorization or a diversion certificate

issued by a competent authority of some other country, the country

to which the drug was originally consigned shall be deemed to be

the country stated in such export authorization or diversion

certificate to be the country of destination.

(2) The Chief Government Medical Officer may in his absolute

discretion issue a diversion certificate in respect of any dangerous

drug in transit upon production to him of a valid and subsisting

import certificate issued by a competent authority in the country to

which it is proposed to divert the drug, or upon such evidence as

may satisfy him that the drug is to be sent in a lawful manner and

for a proper purpose.

(3) A diversion certificate shall be issued in duplicate: one

copy thereof shall accompany the drug when it is exported from

Malta, and another copy shall be despatched by the Chief

Government Medical Officer direct to the proper authority in the

country to which the consignment has been diverted.

(4) Upon the issue of a diversion certificate the export

authorization or diversion certificate (if any) accompanying the

dr u g on it s a r ri v a l i n Ma lt a sha ll b e d e ta in e d b y t he C hi e f

Government Medical Officer and returned to the authority issuing

such export authorization or diversion certificate together with a

notification of the name of the country to which such drug has been

diverted.

The powers and duties to be exercised and performed by

the Chief Government Medical Officer under this Part of this

Ordinance shall in the absence of the Chief Government Medical

Officer be exercised and performed by the officer acting on his

behalf.

PART VI

G ENERAL

Licences, permits or authorities for the purposes of this

Ordinance other than Part V thereof may be issued or granted by

such person on such terms and subject to such conditions

(including in the case of a licence the payment of a fee) as the

Minister responsible for public health may by rule prescribe.

(1) Any Police officer of a rank not inferior to that of sub-

inspector shall, for the purposes of the execution of this Ordinance,

have power to enter the premises of any person carrying on the

business of a producer, manufacturer, seller or distributor of any

drugs to which this Ordinance applies and to demand the

production of and to inspect any books or documents relating to

dealings in any such drugs and to inspect any stocks of any such

drugs.

(2) If any person wilfully delays or obstructs any person in the

exercise of his powers under this article or fails to produce or

conceals or attempts to conceal any such books, stocks, drugs or

documents as aforesaid, he shall be guilty of an offence against this

Ordinance.

(1)

Any person -

(a) who acts in contravention of, or fails to comply with,

any provision of this Ordinance; or

(b) who acts in contravention of, or fails to comply with,

the conditions of any licence or permit issued or

authority granted under or in pursuance of this

Ordinance; or

(c) who for the purpose of obtaining, whether for himself

or for any other person, the issue, grant or renewal of

any such licence, permit or authority as aforesaid,

makes any declaration, or statement which is false in

any particular, or knowingly utters, produces or makes

use of any such declaration or statement or any

document containing the same; or

(d) who in Malta aids, abets, counsels or procures the

commission in any place outside Malta of any offence

punishable under the provisions of any corresponding

law in force in that place, or who with another one or

more persons conspires in Malta for the purpose of

committing such an offence, or does any act

preparatory to, or in furtherance of, any act which if

committed in Malta would constitute an offence

against this Ordinance; or

(e) being a citizen of Malta or a permanent resident in

Malta, who in any place outside Malta does any act

which if committed in Malta would constitute an

offence of selling or dealing in a drug against this

Ordinance or an offence under paragraph (f); or

(f)

who with another one or more persons in Malta or

outside Malta conspires for the purposes of selling or

dealing in a drug in these Islands against the

provisions of this Ordinance or who promotes,

constitutes, organises or finances the conspiracy,

shall be guilty of an offence against this Ordinance.

For the purposes of paragraph (e), the expression

"permanent resident" means a person in favour of whom a permit of

residence has been issued in accordance with the provisions

contained in article 7 of the Immigration Act.

(1A) The conspiracy referred to in paragraphs (d) and (f) of the

preceding sub-article shall subsist from the moment in which any

mode of action whatsoever is planned or agreed upon between such

persons.

(1B) For the purposes of this Ordinance the word "dealing"

(with its grammatical variations and cognate expressions) with

reference to dealing in a drug, includes culti vation in such

circumstances that the court is satisfied that such cultivation was not

for the exclusive us e of t he o ffe nder, i m p o r t a t i o n i n s u c h

circumstances that the Court is satisfied that such importation was

not for the exclusive use of the offender, manufacture, exportation,

distribution, production, administration, supply, the offer to do any

of these acts, and the giving of information intended to lead to the

purchase of such a drug contrary to the provisions of this

Ordinance

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.

(1C) (a) A person shall also be guilty of an offence against this

Ordinance who uses, transfers the possession of, sends

or delivers to any person or place, acquires, receives,

keeps, transports, transmits, alters, disposes of or

otherwise deals with, in any manner or by any means,

any money, property (whether movable or immovable)

or any proceeds of any such money or property with

intent to conceal or convert that money or property or

those proceeds and knowing or suspecting that all or a

part of that money or property, or of those proceeds,

was obtained or received, directly or indirectly, as a

result of -

(i)the commission of any of the offences mentioned

in sub-article (1) or sub-article (1D)(a) or in

sub-article (1E); or

(ii) any act of commission or omission in any place

outside these Islands which if committed in

these Islands would constitute an offence under

sub-article (1) or sub-article (1D)(a).

(b) In proceedings for an offence under paragraph (a),

where the prosecution produces evidence that no

reasonable explanation was given by the person

charged or accused showing that such money, property

or proceeds was not money, property or proceeds

described in the said paragraph, the burden of showing

the lawful origin of such money, property or proceeds

shall lie with the person charged or accused.

(1D) (a) A person shall also be guilty of an offence against this

Ordinance who sells or otherwise deals in a substance

mentioned in the Third Schedule hereto knowing or

suspecting that the substance is to be used in or for the

production of a drug contrary to the provisions of this

Ordinance; and the definition of "dealing" in sub-

article (1B) shall apply, mutatis mutandis, to this sub-

article.

(b) The Minister responsible for public health may make

rules for controlling the manufacture, sale, possession,

distribution, importation and exportation of any of the

substances mentioned in the Third Schedule hereto and

in particular, but without prejudice to the generality of

the foregoing, for any of the purposes mentioned in

article 9(1)(a) to (e), in so far as applicable, the

reference to drugs in those paragraphs being construed

as a reference to the said substances.

(1E) A person shall also be guilty of an offence against this

Ordinance who m anu fact ures, transport s or distribut es any

equipment or materials knowing that they are to be used in or for

the cultivation, production or manufacture of any drug contrary to

the provisions of this Ordinance and any such conduct as is

prohibited under this sub-article shall be deemed for the purposes

of this Ordinance as constituting an offence of selling or dealing in

a drug against this Ordinance.

(1F) Any person who lands in Malta and is in possession of a

drug against the provisions of this Ordinance shall be exempt from

any criminal liability if the conditions mentioned in sub-article

(1G) are satisfied.

(1G) The conditions to which reference is made in sub-article

(1F) are the following

(a) the person in possession of the drug is not ordinarily

resident in Malta and has come from a place outside

Malta;

(b) at the first opportunity after landing in Malta that

person surrenders the said drug to a Police officer or to

a customs officer and declares that the same drug was

for his exclusive personal use; and

(c) the said drug is in such a quantity and is in possession

of that person under such circumstances as to

reasonably lead to the inference that the same drug

was destined for the exclusive personal use of that

person.

(2) Every person charged with an offence against this

Ordinance shall be tried in the Criminal Court or before the Court

of Magistrates (Malta) or the Court of Magistrates (Gozo), as the

Attorney General may direct, and if he is found guilty shall, in

respect of each offence, be liable -

(a) on conviction by the Criminal Court -

(i)

where the offence is one under article 4 or under

article 8(c) except in such circumstances that the

Court is satisfied that such cultivation was for the

exclusive use of the offender, or consists in

selling or dealing in a drug contrary to the

provisions of this Ordinance or in an offence

under sub-article (1)(f), or of the offence of

possession of a drug, contrary to the provisions

of this Ordinance, under such circumstances that

the court is satisfied that such possession was

not for the exclusive use of the offender, or of

the offences mentioned in sub-articles (1C) or

(1D) or (1E), to imprisonment for life

Provided that

(aa) where the court is of the opinion that,

when it takes into account the age of

the offender, the previous conduct of

the offender, the quantity of the drug

and the nature and quantity of the

e q u i p m e n t o r m a t e r i a l s , i f a n y,

involved in the offence and all other

circumstances of the offence, the

punishment of imprisonment for life

would not be appropriate; or

(bb) where the verdict of the jury is not

unanimous,

then the Court may sentence the person

convicted to the punishment of imprisonment for

a term of not less than four years but not

exceeding thirty years and to a fine (multa) of

not less than two thousand and three hundred

and twenty-nine euro and thirty-seven cents

(2,329.37) but not exceeding one hundred and

sixteen thousand and four hundred and sixty-

eight euro and sixty-seven cents (116,468.67);

and

(ii) for any other offence to imprisonment for a term

of not less than twelve months but not exceeding

ten years and to a fine (multa) of not less than

four hundred and sixty-five euro and eighty-

seven cents (465.87) but not exceeding twenty-

three thousand and two hundred and ninety-three

euro and seventy-three cents (23,293.73); or

(b) on conviction by the Court of Magistrates (Malta) or

the Court of Magistrates (Gozo) -

(i)

where the offence is one under article 4 or under

article 8(c) except in such circumstances that the

Court is satisfied that such cultivation was for the

exclusive use of the offender,or consists in selling

or dealing in a drug contrary to the provisions of

this Ordinance or in an offence under sub-article

(1)(f), or of the offence of possession of a drug,

contrary to the provisions of this Ordinance,

under such circumstances that the court is

satisfied that such possession was not for the

exclusive use of the offender, or of the offences

mentioned in sub-articles (1C) or (1D) or (1E),

to imprisonment for a term of not less than six

months but not exceeding ten years and to a fine

(multa) of not less than four hundred and sixty-

five euro and eighty-seven cents (465.87) but

not exceeding eleven thousand and six hundred

and forty-six euro and eighty-seven cents

(11,646.87); and

(ii) for any other offence to imprisonment for a term

of not less than three months but not exceeding

twelve months or to a fine (multa) of not less

than four hundred and sixty-five euro and

eighty-seven cents (465.87) but not exceeding

two thousand and three hundred and twenty-nine

euro and thirty-seven cents (2,329.37) or to both

such imprisonment and fine,

and in every case of conviction for an offence against this

Ordinance, all articles in respect of which the offence was

committed shall be forfeited to the Government, and any such

forfeited article shall, if the court so orders, be destroyed or

otherwise disposed of as may be provided in the order

Provided that, for the purposes of this sub-article, when the

person charged has not attained the age of sixteen years and unless

he is charged jointly with any other person who has attained the age

of sixteen years, any reference to the Court of Magistrates (Malta)

or to the Court of Magistrates (Gozo) shall be construed as a

reference to the Juvenile Court

Provided further that where a person is convicted as

provided in paragraph (a)(i) or paragraph (b)(i) and the offence has

taken place in, or within 100 metres of the perimeter of, a school,

youth club or centre, or such other place where young people

habitually meet, or the offence consists in the sale, supply,

administration or offer to do any of these acts, to a minor, to a

woman with child or to a person who is following a programme for

cure or rehabilitation from drug dependence, the punishment shall

be increased by one degree.

(2A) (a) In giving a direction in accordance with sub-article (2)

the Attorney General shall give due consideration to

the guidelines included in the Fourth Schedule to this

Ordinance;

(b) Where the Attorney General has directed that the

person accused be tried in the Criminal Court in

accordance with sub-article (2), upon the termination

of the inquiry, if the Court of Magistrates, as a Court

of Criminal Inquiry, decides that there are sufficient

grounds for committing the accused for trial on

indictment, the accused may, by application to be filed

in the Criminal Court within seven days from the

conclusion of the inquiry or within seven days from

the date on which the accused is served with the bill of

indictment, demand the said court to order that he be

tried in the Court of Magistrates and the Criminal

Court shall, after ordering the service of the

application upon the Attorney General and granting

him at least seven days to reply and after having heard

oral submissions from the accused and the Attorney

General, if it considers this necessary, decide upon the

court in which the accused is to be tried and the

accused shall be tried in accordance with the decision

of the Criminal Court

Provided that an application in terms of this paragraph may

only be filed once in the course of any proceedings

Provided further that persons who, on the date of the

coming into force of this sub-article, are awaiting trial in the

Criminal Court further to a direction given in terms of sub-article

(2) may, notwithstanding the other provisions of this paragraph, file

an application in the said court in terms of this paragraph by not

later than the 30th April 2015

For the purposes of this sub-article the words "the

conclusion of the inquiry" include any conclusion of an inquiry

referred to in article 407 of the Criminal Code.

(2B) Where, upon conviction by the Criminal Court as provided

in sub-article (2)(a), after considering all the circumstances of the

case including the amount and nature of the drug involved, the

character of the person concerned, the number and nature of any

previous convictions, including convictions in respect of which an

order was made under the Probation Act and the provisions of the

Fourth Schedule, the court is of the opinion that the punishment

provided for in sub-article (2)(a) would be disproportionate it may,

giving reasons, apply the punishment provided in sub-article (2)(b).

(2C) Where it is established that an offence under this

Ordinance was committed by an officer of a body corporate as is

referred to in article 121D of the Criminal Code or by a person

having a power of representation or having such authority as is

referred to in that article and the offence was committed for the

benefit, in part or in whole, of that body corporate, the said person

shall for the purposes of this Ordinance be deemed to be vested

with the legal representation of the same body corporate which

shall be liable to a fine (multa) not exceeding two million and five

hundred thousand euro (€2,500,000)

Provided that where legal representation no longer vests in

the said person, for purposes of this article, legal representation

shall vest in the person occupying the office in his stead or in such

person as is referred to in that article.

(3) Where an offence against this Ordinance in respect of

which a person has been found guilty consists in or refers to the

cultivation of a plant in a field, garden or similar tenement, the

court shall, in addition to any other punishment order the forfeiture

in favour of the Government of the entire immovable property in

which the offence took place as described in the bill of indictment

or in the charge

Provided that where none of the persons found guilty as

aforesaid is an absolute owner or co-owner or bare owner of the

immovable property, and the offender holds it on any other title,

whether real or otherwise, the court shall order the forfeiture of

such title in favour of the Government.

(3A) Where an offence against this Ordinance in respect of

which a person has been found guilty consists in any of the

offences referred to in article 24A(1) the court shall, in addition to

any other punishment, in its sentence or at any time thereafter, at

the request of the prosecution -

(a) where any immovable property, in Malta or in any

place outside Malta, has been used for the keeping or

storing, or for the selling or dealing in such drug, as

described in the bill of indictment or in the charge,

order the forfeiture in favour of the Government of any

real title which the offender holds on such immovable

property;

(b) where the offender is not the absolute owner but holds

any other real title on the immovable property, or has a

title, other than a real title, in virtue of which he has

the control of or a right of access to such property, the

court shall order the offender to pay a fine (multa) of

not less than eleven thousand and six hundred and

forty-six euro and eighty-seven cents (11,646.87) but

not exceeding sixty-nine thousand and eight hundred

and eighty-one euro and twenty cents (69,881.20) as

the court shall determine after taking into account the

value of the immovable property and the value of the

real title thereon, if any, forfeited as aforesaid;

(c) saving the provisions of the Criminal Code and of the

Customs Ordinance, make an order whereby the

provisions of paragraphs (a) and (b) shall be applied

mutatis mutandis to or in respect of any vessel or

vehicle, in Malta or in any place outside Malta, used

for the keeping or storing, or for the selling or dealing

in such drug; and

(d) order the forfeiture in favour of the Government of all

moneys or other movable property, and of the entire

immovable property of the person so found guilty even

if the immovable property has since the offender was

charged passed into the hands of third parties, and

even if the said monies, movable property or

immovable property are situated in any place outside

Malta.

(3B) Where the proceeds of the offence have been dissipated or

for any other reason whatsoever it is not possible to identify and

forfeit those proceeds or to order the forfeiture of such property the

value of which corresponds to the value of those proceeds the court

shall sentence the person convicted or the body corporate, or the

person convicted and the body corporate in solidum, as the case

may be, to the payment of a fine (multa) which is the equivalent of

the amount of the proceeds of the offence. The said fine may be

recovered as a civil debt and for this purpose the sentence of the

court shall constitute an executive title for all intents and purposes

of the Code of Organization and Civil Procedure.

(3BA) Title IV of Part III of Book Second of the Criminal Code

shall mutatis mutandis apply to proceedings for offences under this

Ordinance.

(4) No person shall, on conviction for any offence of

con traven ing or f aili ng t o com ply with any rule under thi s

Ordinance relating to the keeping of books or the issuing or

d is p e n s in g o f p re s c r ip ti on s con ta in in g d ru g s t o wh i c h th i s

Ordinance applies, be sentenced to imprisonment without the

option of a fine or to pay a fine exceeding one hundred and sixteen

euro and forty-seven cents (116.47), if the court dealing with the

c a s e i s s a t i s f i e d t h a t t h e o ff e n c e w a s c o m m i t t e d t h r o u g h

inadvertence and was not preparatory to or committed in the course

of or in connection with the commission or intended commission of

any other offence against this Ordinance.

(5) If any person attempts to commit an offence against this

Ordinance, or solicits or incites another person to commit such an

offence, he shall, without prejudice to any other liability, be liable

on conviction to the same punishment and forfeiture as if he had

committed an offence under this Ordinance.

(6) Where the offence in respect of which a person is found

guilty under this Ordinance consists in the production, selling or

otherwise dealing in a drug mentioned in this Ordinance, and such

person is either licensed under this Ordinance or under the Medical

and Kindred Professions Ordinance, or is in possession of a warrant

issued under that Ordinance to practise a profession, or a calling or

a trade, or the offence is committed in a place licensed under this

Ordinance or the Ordinance aforesaid, the court shall, at the request

of the prosecution and in addition to any other punishment, order

the revocation of such licence or warrant, and upon such order

being made any such licence or warrant shall cease to have effect

for all purposes of law and in particular for the purpose of this

Ordinance and of the Ordinance aforesaid.

(7) Any decision as is mentioned in sub-articles (3) and (3A)

ordering the forfeiture of immovable property or of any title to such

property shall be deemed to be and shall be enforceable as a civil

judgment transferring that title in favour of the Government, and

the Attorney General shall, for the purposes of article 239 of the

Code of Organization and Civil Procedure, be considered as the

interested party that may obtain the registration of such transfer.

(8) Where it results to the court that the offender, other than an

offender convicted of an offence as is referred to in paragraph (a)(i)

or sub-article (2)(b)(i), is in need of care and assistance for his

rehabilitation from dependence on any dangerous drug (as defined

in article 12), the court may, instead of applying any of the

punishments provided for in the foregoing sub-articles, place the

offender on probation in accordance with the provisions of the

Probation Act, sohowever that such probation order may be made

notwithstanding that the offender, who has attained the age of

fourteen years, has not expressed his willingness to comply with

the requirements thereof as provided in article 7 of that Act.

(9) The provisions of articles 21 and 28A of the Criminal Code

and the provisions of the Probation Act shall not be applicable in

respect of any person convicted of an offence as is referred to in

sub-article (2)(a)(i) or sub-article (2)(b)(i)

Provided that where, in respect of any offence mentioned in

this sub-article, after considering all the circumstances of the case

including the amount and nature of the drug involved, the character of

the person concerned, the number and nature of any previous

convictions, including convictions in respect of which an order was

made under the Probation Act, the court is of the opinion that the

offender intended to consume the drug on the spot with others, or

procured a small quantity of drugs to be consumed on the spot for and

upon the request of persons in his company at a single event at no

profit, the court may decide not to apply the provisions of this sub-

article

Provided further that an offender may only benefit once

from the provisions of the above proviso.

(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.

(10) Where, in the case of a person convicted of an offence

referred to in sub-article (9), the court is satisfied that such person

is in need of treatment for his rehabilitation from dependence on

any dangerous drug (as defined in article 12) and -

(a) the Minister responsible for public health certifies in

writing that such treatment may be given in prison, and

(b) the person so convicted agrees to submit to that

treatment,

the court may, in passing sentence order that he be given such

treatment in prison (hereinafter referred to as an "order for

treatment") and for such period of time (hereinafter referred to as

the "treatment period") as may be specified in the order (being not

more than the period of time, as reduced in accordance with this

sub-article, which the person convicted is to serve in prison) and

the punishment of imprisonment which would, but for the

provisions of this sub-article, have been awarded (hereinafter

referred to as the "original punishment"), and which shall be

expressly mentioned in the sentence, shall be reduced by the court

by not more than one third.

(11) If during the treatment period, the court which made the

order for treatment is satisfied, on an application by the Attorney

General that the person to whom the order refers has, without valid

reason (the proof whereof shall lie on such person), refused the

treatment or has conducted himself in a manner as to make his

treatment, or that of other prisoners, difficult or ineffective, it shall

revoke such order and shall direct that the original punishment be

served.

(12) The court which made the order for treatment shall, on an

application made at any time during the treatment period by the

person to whom the order refers requesting the revocation of that

o r d e r, r e v o k e s u c h o r d e r a n d s h a l l d i r e c t t h a t t h e o r i g i n a l

punishment be served.

(13) The court which made the order for treatment may, on an

application made at any time during the treatment period by the

person to whom the order refers or by the Attorney General,

discharge such order if it is satisfied that the treatment is no longer

appropriate.

(14) For the purposes of sub-articles (10) to (13) -

(a) any decision of the court which revokes an order for

treatment and directs that the original punishment be

served shall not be subject to appeal;

(b) where an order for treatment is confirmed or varied by

the Court of Criminal Appeal, the order shall be

deemed to have been made by the said court;

(c) an order for treatment shall, unless it has been revoked

or discharged or has ceased to have effect earlier,

cease to have effect upon the expiration or remission

of the punishment of imprisonment for the offence in

respect of which the order was made.

(15) Where an offence against this Ordinance in respect of

which a person has been found guilty consists in any of the

offences referred to in article 24A(1) or the offence of possession

of a drug contrary to the provisions of this Ordinance, under such

circumstances that the court is satisfied that such possession was

not for the exclusive use of the offender, the provisions of articles

121D and 248E(4) of the Criminal Code shall apply mutatis

mutandis.

(1) Where a person is charged under article 22 of this

Ordinance, with selling or dealing in a drug, or with promoting,

constituting, organising or financing a conspiracy under sub-article

(1)(f) of that article, or with the offence in sub-article (1C) of the

same article, or with the offence of possession of a drug, contrary

to the provisions of this Ordinance, under such circumstances that

the court is satisfied that such possession was not for the exclusive

use of the offender, the court shall at the request of the prosecution

make an order -

(a) attaching in the hands of third parties in general all

moneys and other movable property due or pertaining

or belonging to the accused, and

(b) prohibiting the accused from transferring or otherwise

disposing of any movable or immovable property

Provided that the court shall in such an order determine

what moneys may be paid to or received by the accused during the

subsistence of such order, specifying the sources, manner and other

modalities of payment, including salary, wages, pension and social

security benefits payable to the accused, to allow him and his

family a decent living in the amount, where the means permit, of

thirteen thousand and nine hundred and seventy-six euro and

twenty-four cents (13,976.24) every year

Provided further that the court may also -

(a) authorise the payment of debts which are due by the

accused to bona fide creditors and which were

contracted before such order was made; and

(b) on good ground authorise the accused to transfer

movable or immovable property.

(2)

Such order shall -

(a) become operative and binding on all third parties

immediately it is made, and the Director of the Asset

Recovery Bureau shall cause a notice thereof to be

published without delay in the Gazette, and shall also

cause a copy thereof to be registered in the Public

Registry in respect of immovable property, and

(b) remain in force until the final determination of the

proceedings, and in the case of a conviction until the

sentence has been executed.

(3) The court may for particular circumstances vary such order,

and the provisions of the foregoing sub-articles shall apply to such

order as so varied.

(4) Every such order shall contain the name and surname of the

accused, his profession, trade or other status, father ’s name,

mother’s name and maiden surname, place of birth and place of

residence and his identity card number.

(5) Where any money is or becomes due to the accused from

any person while such order is in force such money shall, unless

otherwise directed in that order, be deposited in a bank to the credit

of the accused.

(6) When such order ceases to be in force as provided in sub-

article (2)(b) the Director of the Asset Recovery Bureau shall cause a

notice to that effect to be published in the Gazette, and shall enter

in the Public Registry a note of cancellation of the registration of

that order.

(7) Where the court does not proceed forthwith to make an

order as required under sub-article (1), the court shall forthwith

make a temporary freezing order having the same effect as an order

made under this article, which temporary order shall remain in

force until such time as the court makes the order required by the

said article.

(8) Where for any reason whatsoever the court denies a request

made by the prosecution for an order under sub-article (1), the

Attorney General may, within three working days from the date of

the court’s decision, apply to the Criminal Court to make the

required order and the provisions of this article shall apply mutatis

mutandis to the order made by the Criminal Court under this sub-

article as if were an order made by the court under sub-article (1).

The temporary freezing order made under sub-article (7) shall

remain in force until the Criminal Court determines the application.

(9) The person charged may within three working days from

the date of the making of the order under sub-article (7) apply to

the Criminal Court for the revocation of the order, provided that

order shall remain in force unless revoked by the Criminal Court.

(1) Where the court makes any order as is referred to in

article 22A, it shall order the Director of the Asset Recovery Bureau

to conduct inquiries to trace and ascertain the whereabouts of any

moneys or other property, due or pertaining to or under the control

of the person charged or accused or convicted, as the case may be.

(2) Whosoever is required by the Director of the Asset Recovery

Bureau to provide information for the purpose of sub-article (1)

shall comply with the demand within thirty days from the day of

receipt of the demand.

(3) The demand made by the Director of the Asset Recovery

Bureau, and any reply thereupon in terms of this article, may also

be made by electronic mail.

Any person who acts in contravention of a court order

mentioned in article 22A shall be guilty of an offence and shall on

conviction be liable to a fine (multa) not exceeding eleven thousand

a n d s i x h u nd r e d an d f o r ty - s i x e ur o an d ei g ht y - s e v e n c e n t s

(11,646.87), or to imprisonment for a period not exceeding twelve

months, or to both such fine and imprisonment, and the court may

order the person so found guilty to deposit in a bank to the credit of

the accused the amount of moneys or the value of other movable

property paid or delivered in contravention of that court order. Any

transfer or other disposal of any immovable property made in

contravention of the said court order shall be null and without

effect at law.

22B. bis (1) Where a person is charged as provided in article

22A(1) and such person is a person as is referred to in article 22(6)

or is a person in possession of a licence, permit or authority issued

to him by a competent authority in or in connection with the

exercise of any art, trade, calling or other occupation and the

offence is committed in a place licensed under this Ordinance,

under the Medical and Kindred Professions Ordinance or under any

other law, the Court may, without prejudice to any other order that

it may make under the provisions of this article, at the request of

th e prosecution make an order, hereinafter referred to as a

''suspension order'', suspending such licence, permit or authority.

(2) The suspension order shall remain in force for the whole

duration of the proceedings until final judgement.

(3) Any person who does any act for the doing of which a

licence, permit or authority is required under any law and such act

is done when that licence, permit or authority had been suspended

by virtue of a suspension order shall be deemed to have so acted

without the required licence, permit or authority.

(1) Where an order of forfeiture is made under of sub-

article 22(3A)(d), the person found guilty, or the third party therein

mentioned, may bring an action for a declaration that any or all of

the movable or immovable property so forfeited is not profits or

proceeds from the commission of any offence under this Ordinance

(whether or not so adjudged by a court of criminal justice) nor

property acquired or obtained, directly or indirectly, by or through

any such profits or proceeds.

(2) Such action shall be brought not later than three months

from the date on which the sentence ordering the forfeiture shall

have become definite, by an application in the Civil Court (Asset

Recovery Section).

(3) The applicant shall attach to the application all such

documents in support of his claim as it may be in his power to

produce and shall indicate in his application the names of all the

witnesses he intends to produce, stating in respect of each the proof

which he intends to make.

(4) The court shall, without delay, set down the application for

hearing at an early date, which date shall in no case be later than

thirty days from the date of the filing of the application.

(5) The application and the notice of the date fixed for hearing

shall be served on the Asset Recovery Bureau without delay, and the

said Bureau shall file his reply thereto within fifteen days after the

date of the service of the application.

(6) The court shall hear the application to a conclusion within

twenty working days from the date fixed for the original hearing of

the application, and no adjournment shall be granted except either

with the consent of both parties or for an exceptional reason to be

recorded by the court, and such adjourned date shall not be later

than that justified by any such reason.

(7) Saving the preceding provisions of this article, the

provisions of the Code of Organization and Civil Procedure

relating to proceedings before the Civil Court, First Hall, shall

apply in relation to any such application.

(8) Subject to sub-article (9) any decision revoking the

forfeiture of immovable property shall be deemed to transfer the

title of such property back from the Government to the party in

fav ou r of w hom it i s gi ven , an d such party m ay obtain the

registration of such transfer in the Public Registry.

(9) Where a decision has been taken revoking the forfeiture of

any movable or immovable property under this article, and

provided that the person convicted or the body corporate, or the

person convicted and the body corporate in solidum, as the case

may be, have not been so sentenced, the Court shall sentence the

said persons, to the payment of a fine (multa) which is the

equivalent of the amount of the proceeds of the offence. The said

fine may be recovered as a civil debt and for this purpose the

sentence of the court shall constitute an executive title for all

intents and purposes of the Code of Organization and Civil

Procedure.

When the court allows the demand for a declaration as

provided in article 22C(1) in respect of any property forfeited, such

property shall cease to be forfeited and shall revert to the applicant

in virtue of the judgment upon its becoming definite, and the

applicant shall thereupon be entitled to the recovery of the income

received by the Government from such property during the period

of its forfeiture.

(1) At the commencement of proceedings under article

22, the drug in respect of which a person is charged shall be

exhibited materially in court, as far as possible, and the following

procedure shall be followed.

(2) The court shall appoint a photographic expert to take

pictures, as shall be indicated by the court, of the drug in its

containers, wrappings, packages or receptacles, and shall also

appoint an expert to analyse and establish the exact quantity, kind

and form and give the most accurate description of the drug, and to

take samples thereof for preservation as evidence.

(3) The experts shall, as early as possible, file in court and

confirm on oath a written report of their findings, together with the

photographs and samples aforementioned.

(4) The court, upon being satisfied with such report or reports

shall proceed to have the drug, other than the samples, destroyed

under its supervision and draw up a procès-verbal.

(5) The procès-verbal shall be deemed to have been regularly

drawn up if it contains a short description of the drug, the experts

report or reports are attached thereto and it is signed by the court.

(6) The procès-verbal drawn up as aforesaid shall be evidence

of its contents in any criminal proceedings.

(7) The provisions of sub-article (2) shall not apply where the

drug has already been photographed and analysed by experts

appointed in the course of the inquiry relating to the in genere,

unless the court, in the particular circumstances of the case, shall

deem it necessary to have the drug photographed and analysed

again.

(8) The omission of any of the precautions or formalities

referred to in this article shall be no bar to proving, in any manner

allowed by law, the facts to which such precaution or formality

relates.

For the purposes of articles 22 and 30B the expression

" c o r r e s p o n d i n g l a w " m e a n s a n y l a w s t a t ed i n a c e r t i f i c a t e

purporting to be issued by or on behalf of the Government of any

country outside Malta to be a law providing, whether exclusively or

otherwise, for the control or regulation in that country of the

manufacture, sale, use, possession, transfer, export or import of, or

dealing in, dangerous drugs, narcotics or psychotropic substances;

and any statement in any such certificate as to the effect of the law

m e n t i o n e d i n t h e c e r t i f i ca t e , o r a n y s t a t e m e n t i n a n y s u c h

certificate that any facts constitute an offence against that law, shall

be conclusive.

Any Police officer may arrest without warrant any person

who has committed, or attempted to commit, or is reasonably

suspected by the officer of having committed or attempted to

commit, an offence against this Ordinance, if he has reasonable

ground for believing that that person will abscond unless arrested,

or if the name and address of that person are unknown to and

cannot be ascertained by him.

(1) Where, upon information received, the Attorney

General has reasonable cause to suspect that a person (hereinafter

referred to as "the suspect")

(a) is guilty of selling or dealing in a drug contrary to the

provisions of this Ordinance, or

(b) is guilty of any of the offences mentioned in article

22(1)(e) or (f), or

(c) is guilty of an offence mentioned in article 22(1)(d)

with reference to any of the offences referred to in the

foregoing paragraphs of this sub-article, or

(d) is guilty of the offence mentioned in article 22(1C), or

(e) is guilty of the offence of possession of a drug contrary

to the provisions of this Ordinance, under such

circumstances that the court is satisfied that such

possession was not for the exclusive use of the

offender,

he may apply to the Criminal Court for an order (hereinafter

referred to as an "investigation order") that a person (including a

body or association of persons, whether corporate or unincorporate)

named in the order who appears to be in possession of particular

material or material of a particular description which is likely to be

of substantial value (whether by itself or together with other

material) to the investigation of, or in connection with, the suspect,

shall produce or grant access to such material to the person or

persons indicated in the order; and the person or persons so

indicated shall, by virtue of the investigation order, have the power

to enter any house, building or other enclosure for the purpose of

searching for and seizing such material.

(2) Where an investigation order has been made or applied for,

whosoever, knowing or suspecting that the investigation is taking

place, makes any disclosure likely to prejudice the said

investigation shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) not exceeding eleven thousand and six

hundred and forty-six euro and eighty-seven cents (11,646.87) or to

imprisonment not exceeding twelve months, or to both such fine

and imprisonment

Provided that in proceedings for an offence under this sub-

article, it shall be a defence for the accused to prove that he did not

know or suspect that the disclosure was likely to prejudice the

investigation.

(3)

An investigation order

(a) shall not confer any right to production of, access to,

or search for communications between an advocate or

legal procurator and his client which would in legal

proceedings be protected from disclosure by article

642(1) of the Criminal Code or by article 588(1) of the

Code of Organization and Civil Procedure;

(b) shall, without prejudice to the provisions of the

foregoing paragraph, have effect notwithstanding any

obligation as to secrecy or other restriction upon the

disclosure of information imposed by any law or

otherwise; and

(c) may be made in relation to material in the possession

of any government department.

(4) Where the material to which an application under sub-

article (1) relates consists of information contained in a computer,

the investigation order shall have effect as an order to produce the

material or give access to such material in a form in which it can be

taken away and in which it is visible and legible.

(5) Any person who, having been ordered to produce or grant

access to material as provided in sub-article (1) shall, without

lawful excuse (the proof whereof shall lie on him) wilfully fail or

refuse to comply with such investigation order, or who shall

wilfully hinder or obstruct any search for such material, shall be

guilty of an offence and shall, on conviction, be liable to a fine

(multa) not exceeding eleven thousand and six hundred and forty-

six euro and eighty-seven cents (11,646.87) or to imprisonment not

exceeding twelve months, or to both such fine and imprisonment.

(6) Together with or separately from an application for an

investigation order, the Attorney General may, in the circumstances

mentioned in sub-article (1)(a) to (e), apply to the Criminal Court

for an order (hereinafter referred to as an "attachment order") -

(a) attaching in the hands of such persons (hereinafter

referred to as "the garnishees") as are mentioned in the

application all moneys and other movable property due

or pertaining or belonging to the suspect,

(b) requiring the garnishee to declare in writing to the

Attorney General, not later than twenty-four hours

from the time of service of the order, the nature and

source of all money and other moveable property so

attached, and

(c) prohibiting the suspect from transferring or otherwise

disposing of any moveable or immoveable property.

(6A) Where an attachment order has been made or applied for,

whosoever, knowing or suspecting that the attachment order has

been so made or applied for, makes any disclosure likely to

prejudice the effectiveness of the said order or any investigation

connected with it shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) not exceeding eleven

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) or to imprisonment not exceeding twelve months, or to

both such fine and imprisonment

Provided that in proceedings for an offence under this sub-

article, it shall be a defence for the accused to prove that he did not

know or suspect that the disclosure was likely to prejudice the

investigation or the effectiveness of the attachment order.

(7) Before making an investigation order or an attachment

order the court may require to hear the Attorney General in

chambers and shall not make such order -

(a) unless it concurs with the Attorney General that there

is reasonable cause as provided in sub-article (1); and

(b) in the case of an investigation order, unless the court is

satisfied that there are reasonable grounds for

suspecting that the material to which the application

relates-

(i)

is likely to be of substantial value (whether by

itself or together with other material) to the

investigation for the purpose of which the

application is made, and

(ii) does not consist of communications referred to

in sub-article (3)(a).

(8) The provisions of article 381(1)(a), (b) and (e) and of

article 382(1) of the Code of Organization and Civil Procedure

shall, mutatis mutandis, apply to the attachment order.

(9) An attachment order shall be served on the garnishee and

on the suspect by an officer of the Executive Police.

(10) Any person who acts in contravention of an attachment

order shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding eleven thousand and six

hundred and forty-six euro and eighty-seven cents (11,646.87) or to

imprisonment for a period not exceeding twelve months, or to both

such fine and imprisonment

Provided that where the offence consists in the payment or

delivery to any person by the garnishee of any moneys or other

moveable property attached as provided in sub-article (6)(a) or in

the transfer o r disposa l by th e s us p e c t o f a n y m o v e a bl e or

immoveable property in contravention of sub-article (6)(c), the fine

shall always be at least twice the value of the money or property in

question

Provided further that any act so made in contravention of

that court order shall be null and without effect at law and the court

may, where such person is the garnishee, order the said person to

deposit in a bank to the credit of the suspect the amount of moneys

or the value of other movable property paid or delivered in

contravention of that court order.

(11) An attachment order shall, unless it is revoked earlier by

the Attorney General by notice in writing served on the suspect and

on the garnishee in the manner provided for in sub-article (9), cease

to be operative on the expiration of six (6) months from the date on

which it is made; and the court shall not make another attachment

order with respect to that suspect unless it is satisfied that

substantially new information with regards to any of the acts

mentioned in sub-article (1)(a) to (e) is available

Provided that the said period of six (6) months shall be held in

abeyance for such time as the suspect is away from these Islands

and the Attorney General informs of this fact the garnishee by

notice in writing served in the manner provided for in sub-article

(9).

(12) In the course of any investigation of an offence against this

Ordinance, the Executive Police may request a magistrate to hear

on oath any person who they believe may have information

regarding such offence; and the magistrate shall forthwith hear that

person on oath.

(13) For the purpose of hearing on oath a person as provided in

sub-article (12) the magistrate shall have the same powers as are by

law vested in the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo) as a Court of Criminal Inquiry as well as the

powers mentioned in article 554 of the Criminal Code; provided

that such hearing shall always take place behind closed doors.

(14) It shall not be lawful for any court to issue a warrant of

prohibitory injunction to stop the execution of an investigation,

attachment or suspension order.

(1) Where the Attorney General receives a request made

by a judicial or prosecuting authority of any place outside Malta for

investigations to take place in Malta in respect of a person

(hereinafter referred to as "the suspect") suspected by that authority

of an act or omission which if committed in these Islands, or in

corresponding circumstances, would constitute any of the offences

mentioned in article 24A(1)(a), (b), (c), (d) and (e), the Attorney

General may apply to the Criminal Court for an investigation order

or an attachment order or for both and the provisions of article 24A

shall mutatis mutandis apply to that application and to the suspect

and to any investigation or attachment order made by the court as a

result of that application.

(2) The words "investigation order" in the same article 24A(2)

and (5) shall be read and construed as including an investigation

order made under the provisions of this article.

(3) The words "attachment order" in the same article 24A(6A)

shall be read and construed as including an attachment order made

under the provisions of this article.

(1) Where the Attorney General receives a request made

by a judicial or prosecuting authority of any place outside Malta for

the temporary seizure of all or any of the moneys or property,

movable or immovable, of a person (hereinafter in this article

referred to as "the accused") charged or accused in proceedings

before the courts of that place of an offence consisting in an act or

an omission which if committed in these Islands, or in

corresponding circumstances, would constitute any of the offences

mentioned in article 24A(1)(a), (b), (c), (d) and (e), the Attorney

General may apply to the Criminal Court for an order (hereinafter

referred to as a "freezing order") having the same effect as an order

as is referred to in article 22A(1) and the provisions of the said

article 22A shall, subject to the following provisions of this article,

apply mutatis mutandis to that order.

(2) The first proviso of article 22A(1) shall not apply to a

freezing order made under this article unless

(a) the accused is present in Malta on the date the order is

made; or

(b) the Attorney General or any other interested person

present in Malta applies to the court, before or after

the order is made, for the application of that proviso in

which case the court shall only apply the proviso to the

extent that it is satisfied that the application of the

proviso is necessary to allow the accused and his

family a decent living.

(3) In the case of a freezing order under this article it shall be

sufficient that the order contains at least four of the particulars

referred to in article 22A(4) and may also contain any other

particulars, including the passport number, of the accused as may

be useful to identify the accused.

(4) Subject to the provisions of sub-article (5), a freezing order

under this article shall remain in force for a period of six months

from the date on which it is made but shall be renewed by the court

for further periods of six months upon an application for that

purpose by the Attorney General and upon the court being satisfied

that

(a) the conditions which led to the making of the order

still exist; or

(b) that the accused has been convicted of an offence as is

referred to in sub-article (1) in the proceedings

referred to in the same sub-article and the sentence in

regard to the accused in those proceedings or any

confiscation order consequential or accessory thereto,

whether made in civil or criminal proceedings, has not

been executed

Provided that where the accused has been convicted as

aforesaid but no confiscation order has been made in the sentence

in respect of that conviction the freezing order shall nevertheless be

renewed as requested by the Attorney General where the court is

satisfied that civil or criminal proceedings for the making of such

an order are pending or are imminent.

(5) Any freezing order under this article may be revoked by the

Court before the expiration of the period laid down in sub-article

(4)

(a) at the request of the Attorney General; or

(b) at the request of any interested person and after

hearing the Attorney General upon the court being

satisfied

(i)

that the conditions which led to the making of

the order no longer exist; or

(ii) that there has been a final decision in the

proceedings referred to in sub-article (1) by

virtue of which the accused has not been found

guilty of any offence as is referred to in the same

sub-article.

(6) Article 22B shall also apply to any person who acts in

contravention of a freezing order under this article.

(1) A confiscation order made by a court outside Malta

shall be enforceable in Malta in accordance with the following

provisions of this article.

(2) Where the Attorney General receives a request made by a

judicial or prosecuting authority of any place outside Malta for the

enforcement in Malta of a confiscation order made by a competent

court in that place (hereinafter referred to as a "foreign confiscation

order") the Attorney General may bring an action in the Civil Court

(Asset Recovery Section) by an application containing a demand

that the enforcement in Malta of the foreign confiscation order be

ordered.

(3) The Attorney General shall attach to the application a copy

of the relevant foreign confiscation order together with all such

documents in support of the demand as it may be in his power to

produce and shall indicate in his application the names of all the

witnesses he intends to produce, stating in respect of each the proof

which he intends to make.

(4) The application shall be served on the person whose

property the foreign confiscation order purports to confiscate who

shall file his reply within fifteen days after the date of the service

of the application. The reply shall contain a list of the witnesses

which the respondent intends to produce stating in respect of each

the proof which he intends to make and the respondent shall attach

to the reply all such documents he intends to produce in evidence as

it may be in his power to produce.

(5) The court shall without delay, set down the application for

hearing at an early date, which date shall in no case be later than

thirty days from the date of the filing of the application.

(6) The court shall not order the enforcement in Malta of the

foreign confiscation order if

(a) the respondent had not been notified of the

proceedings which led to the making of the relevant

foreign confiscation order so as not to have had an

adequate opportunity to contest the making of the

same order;

(b) the foreign confiscation order was obtained by fraud

on the part of any person to the prejudice of the

respondent;

(c) the foreign confiscation order contains any disposition

contrary to the public policy, or the internal public law

in force in Malta;

(d) the foreign confiscation order contains contradictory

dispositions.

(7) A decision by the court ordering the enforcement of a

foreign confiscation order shall have the effect of forfeiting in

favour of the Government of Malta all things and property

whatsoever situated in Malta the confiscation of which had been

ordered in the foreign confiscation order subject to any directions

which the Government of Malta may give providing for the further

disposal of the same things and property so forfeited.

(8) The decision ordering the enforcement of a foreign

confiscation order which provides for the forfeiture of immovable

property or of any title to such property shall have the effect of

transferring that immovable property or that title to the

Government of Malta and for the purposes of article 239 of the

Code of Organization and Civil Procedure the Attorney General

shall be considered as the interested party that may obtain the

registration of such transfer.

(9) The decision ordering the enforcement of a foreign

confiscation order which provides for the forfeiture of unspecified

property the value of which corresponds to proceeds shall, upon

being registered in the Public Registry Office, create as from the

day of registration a hypothec in regard to the debt amounting to

the said value.

(9A) When the foreign confiscation order consists in the

requirement to pay a sum of money, the court shall convert the

amount thereof into Maltese currency at the rate of exchange ruling

on the date of the decision ordering the enforcement.

(10) Where the Attorney General receives a request as is

referred to in sub-article (2) the Attorney General may, for the

purpose of securing any or all of the property which the foreign

confiscation order purports to confiscate or forfeit, apply to the

Civil Court (Asset Recovery Section) for the issue of all or any of the

precautionary acts referred to in article 830 of the Code of

Organization and Civil Procedure

Provided that the aforesaid article 830(2) and article

836(1)(c), (d) and (e) and of the Code of Organization and Civil

Procedure shall not apply to any precautionary act issued by virtue

of this article.

(11) Saving the preceding provisions of this article, the

provisions of the Code of Organization and Civil Procedure

relating to proceedings before the Civil Court, First Hall, shall

apply in relation to any application under this article.

(12) For the purposes of this article

"confiscation order" includes any judgement, decision,

declaration, or other order made by a court whether of criminal or

civil jurisdiction providing or purporting to provide for the

confiscation or forfeiture of

(i) proceeds;

(ii) property into which proceeds have been

transformed or converted;

(iii) property with which proceeds have been

intermingled;

(iv) income or other benefits derived from (i), (ii),

and (iii);

(v) property the value of which corresponds to

proceeds; or

(vi) dangerous drugs, materials and equipment or

other instrumentalities used in or intended for

use in any manner in a relevant offence;

"proceeds" means any economic advantage and any property

derived from or obtained, directly or indirectly, through the

commission of a relevant offence and includes any income or other

benefits derived from such property;

"property" means assets of every kind, whether corporeal or

incorporeal, movable or immovable, tangible or intangible, and

legal documents or instruments evidencing title to, or interest in,

such assets;

"relevant offence" means any offence consisting in any act or

omission which if committed in these Islands, or in corresponding

circumstances, would constitute any of the offences mentioned in

article 24A(1)(a), (b), (c), (d) and (e).

For the purposes of this Ordinance, any article shall be

deemed to be imported under licence or exported under licence if

the importer or exporter, as the case may be, is the holder of a

licence or authorization issued under this Ordinance authorizing the

importation or exportation, as the case may be, of the article and

complies with the conditions, if any, of the licence or authorization,

but not otherwise.

(1) In any proceedings against any person for an offence

against this Ordinance, it shall not be necessary to negative by

evidence any licence, authority or other matter of exception or

defence, and the burden of proving any such matter shall lie on the

person seeking to avail himself thereof.

(2) When the offence charged is that of possession of, or of

selling or dealing in, a drug contrary to the provisions of this

Ordinance it shall not be a defence to such charge for the accused

to prove that he believed that he was in possession of, or was

selling or dealing in, some thing other than the drug mentioned in

the charge if the possession of, or the selling of dealing in, that

other thing would have been, in the circumstances, in breach of any

other provision of this Ordinance or of any other law.

Notwithstanding the provisions of the Criminal Code, and

saving the extensions by the President of Malta of the term of the

inquiry as provided in article 401(1) of that Code, where the

Attorney General has directed that a person charged with selling or

dealing in a drug against this Ordinance or charged with promoting,

constituting, organising or financing a conspiracy under article

22(1)(f) or with the offence mentioned in article 22(1C) is to be

tried in the Criminal Court, such person shall be arraigned under

arrest and the Court of Magistrates as a court of criminal inquiry

shall conclude the inquiry within the term of thirty days from the

arraignment, and until the expiration of that term or, if the inquiry

is concluded at an earlier date, until such day, the person accused

shall not be granted temporary release from custody, but at the end

of those thirty days or such earlier date as aforesaid, the court may

grant temporary release from custody in accordance with the

provisions of that Code

Provided that if the term of the inquiry is held in abeyance

for the reason specified in article 402(1)(c) of the Criminal Code,

the court may nonetheless grant temporary release from custody

after the lapse of thirty days from the arraignment.

(1) On a conviction for an offence against this Ordinance,

the pecuniary penalty shall, at the request of the prosecution, be

deemed to be a civil debt and shall be declared by the competent

court in passing judgment as being so owed and payable to

Government and shall be executable in the same court pronouncing

judgment in the same manner as if it had been given in a civil

action duly instituted between the Government and the person

convicted.

(2) Where however the prosecution informs the competent

court that the pecuniary penalty has not been recovered by the

Government as provided for in the preceding sub-article, such

penalty or any part thereof not recovered, shall be treated as a fine

(multa or ammenda) as inflicted by the court and shall be converted

into imprisonment, without the benefit of time for payment, in

accordance with the provisions of the Criminal Code.

(1) Where in respect of a person found guilty of an

offence against this Ordinance, the prosecution declares in the

records of the proceedings that such person has helped the Police to

apprehend the person or persons who supplied him with the drug,

or the person found guilty as aforesaid proves to the satisfaction of

the court that he has so helped the Police, the punishment shall be

diminished, as regards imprisonment by one or two degrees, and as

regards any pecuniary penalty by one-third or one-half.

(2) The punishment shall also be diminished as provided in

sub-article (1) where the person found guilty of an offence against

this Ordinance has helped the police to apprehend the person or

persons involved in a conspiracy to deal in drugs or has assisted the

police to apprehend the person or persons for whom the drug was

intended for dealing.

(3) Notwithstanding the provisions of sub-articles (1) and (2),

where it is proved to the satisfaction of the court that the person

found guilty of an offence against this Ordinance had assisted the

police but for any reason clearly beyond his control the person or

persons who supplied him with the drug or the person or persons

involved in a conspiracy to deal in drugs or the person for whom

the drug was intended for dealing were not apprehended, the court

may, being satisfied of such circumstance, diminish the punishment

as reg ards im pri sonm ent by one degree and as r egards any

pecuniary penalty by one-third.

(4) A reduction in punishment under this article shall only be

given in terms of one of the foregoing sub-articles of this article for the

same case.

*

(1) Notwithstanding the provisions of article 639(3) of

the Criminal Code where a person has purchased or otherwise

obtained or acquired a drug contrary to the provisions of this

Ordinance, the evidence of such person in proceedings against the

person from whom he shall have purchased, obtained or acquired

the drug, shall not require to be corroborated by other

circumstances.

(2) Where the only witness against the accused in any offence

against this Ordinance or against the M e d i c a l a n d K i n d r e d

Professions Ordinance in any trial by jury is an accomplice, the court

shall give direction to the jury to approach the evidence of the witness

with caution before relying on it in order to convict the accused.

*See article 7 of Act VIII of 1986.

Notwithstanding the provisions of article 661 of the

Criminal Code, where a person is involved in any offence against

this Ordinance, any statement made by such person and confirmed

on oath before a magistrate and any evidence given by such person

before any court may be received in evidence against any other

person charged with an offence against the said Ordinance,

provided it appears that such statement or evidence was made or

given voluntarily, and not extorted or obtained by means of threats

or intimidation, or of any promise or suggestion of favour.

(1) Notwithstanding anything contained in any other law,

it shall be lawful for the Executive Police and, where appropriate,

the Customs Authorities to allow, with the consent of the Attorney

General or of a magistrate, a controlled delivery to take place.

(2) For the purposes of this article a controlled delivery means

the technique of allowing an illicit or suspect consignment of a

dangerous drug (as defined in article 12) or of money, property or

proceeds as referred to in article 22(1C)(a) to pass out of, through

or into Malta, or from one place or person in Malta to another place

or person in Malta, or into the territory of another country, intact, or

removed or replaced in whole or in part, with the knowledge and

under the supervision of the Executive Police and, where

appropriate, of the Customs Authorities and of the competent

authorities of such other country, with a view to identifying persons

involved in commission of offences under this Ordinance or under

the corresponding law in force in the territory of such other

country.

(3) It shall also be lawful for the Executive Police or for a

person under the supervision or direction of the Executive Police,

with a view to identifying persons involved in the commission of

offences under this Ordinance, and with the consent of the Attorney

General or of a magistrate, to acquire or procure a dangerous drug

(as defined in article 12) or a suspect consignment of money,

property or proceeds as referred to in article 22(1C)(a) from any

person or place.

(1) Subject to the provisions of sub-article (2), where a

witness, expert or other person in a foreign country consents, in

respect of an offence contrary to the provisions of this Ordinance,

to give evidence in a proceeding or to assist in an investigation,

prosecution or judicial proceeding in Malta following a request for

assistance to that effect made by the competent authority in Malta

to the competent authority in that foreign country that witness,

expert or other person shall not, while in Malta, be prosecuted,

detained, punished or subjected to any other restriction of his

personal liberty in respect of acts, omissions or convictions prior to

his departure from the foreign country.

(2) The provisions of sub-article (1) shall cease to apply when

the witness, expert or other person

(a) fails to leave Malta, after having had the opportunity

to do so, within a period of fifteen consecutive days

from the date on which he has been served by the

Attorney General with a notice informing him that his

presence in Malta is no longer required; or

(b) having left Malta, has returned of his own free will.

(1) Where the Attorney General receives, or is informed

about, a request made by or on behalf of a judicial, prosecuting, law

enforcement, administrative or other competent authority of any

State or place other than or outside Malta (hereinafter in this article

referred to as the "requesting authority") seeking authorisation for

the competent authorities of that State or place to take appropriate

measures in regard to a relevant vessel reasonably suspected to be

engaged in the commission of a relevant offence the Attorney

General may, with the concurrence of the Prime Minister, authorise

the taking of the said measures by the aforesaid competent

authorities subject to such conditions as may have been agreed by

Malta with that State or as may be agreed between the requesting

authority and the Attorney General with the concurrence of the

Prime Minister.

(2) Where authorisation has been given by the Attorney

General as aforesaid the competent authorities referred to in the

sub-article (1), subject to the conditions as may have been agreed

upon as provided in the same sub-article, shall be authorised to take

the appropriate measures and to exercise on board the vessel in

regard to which appropriate measures have been authorised under

this article all such powers of arrest, entry, search and seizure as are

vested in the executive police of Malta.

(3)

For the purposes of this article

"relevant offence" shall have the same meaning assigned to it by

article 24D(12);

"relevant vessel" means a ship or any other floating craft of any

description, including hovercrafts and submersible crafts, flying

the flag of Malta or displaying the marks of registry of Malta and

exercising freedom of navigation in accordance with international

law; and

"appropriate measures" with regard to a vessel include the

boarding of and carrying a search on such vessel as well as such

other appropriate action with respect to the vessel, persons and

cargo on board such vessel if evidence of involvement of the vessel

in a relevant offence is found.

(1) In virtue of this article and for the purposes of the

Ratification of Treaties Act, the Government is authorised to

accede to the Agreement on Illicit Traffic by Sea implementing

Article 17 of the United Nations Convention against Illicit Traffic

in Narcotic Drugs and Pyschotropic Substances, done at Strasbourg

on the 31st day of January, 1995, hereinafter in this article referred

to as ''the European Convention''.

(2) The Minister responsible for the Police may make

regulations generally for implementing the provisions of the

European Convention and may, in particular, by such regulations

(a) extend the jurisdiction of the Maltese courts;

(b) authorise the boarding, search and arrest of vessels;

(c) provide that certain officials, whether Maltese or

foreign, shall, for the purpose of any law in Malta, be

considered as officers protected by those laws;

(d) provide for the designation of authorities for the

purposes of the European Convention;

(e) provide for the application of these regulations and of

the provisions of this Ordinance to the drugs to which

the provisions of the Medical and Kindred Professions

Ordinance apply, in accordance with the said European

Convention,

all as provided in the said European Convention, and may moreover

provide that any part of the European Convention shall, to the

extent provided in such regulations, have the force of law in Malta.

* 31.

Notwithstanding that the Attorney General has directed in

accordance with the provisions of article 22(2), that a person be

tried in the Criminal Court, he may, at any time before the filing of

the bill of indictment or at any time after filing the bill of

indictment before the jury is empanelled, and with the consent of

the accused, direct that that person be tried before the Court of

Magistrates, and upon such direction the Court of Magistrates as a

court of criminal judicature shall become competent to try that

person as if no previous direction had been given. Where the

Attorney General has given such new direction after the filing of

the bill of indictment, the registrar of the Criminal Court shall

cause the record to be transmitted to the Court of Magistrates, and

shall cause a copy of the Attorney General’s direction to be served

on the Commissioner of Police.

Minkejja li l-Avukat Ġenerali jkun ordna skont id-

dispożizzjonijiet tal-artikolu 22(2), li persuna tiġi proċessata mill-

Qorti Kriminali, huwa jista’, f’kull żmien qabel ma jippreżenta l-att

tal-akkuża, jew f’kull żmien wara li jippreżenta l-att tal-akkuża u

qabel ma jintagħżel il-ġuri, u bil-kunsens tal-akkużat, jordna li dik

il-persuna tiġi proċessata quddiem il-Qorti tal-Maġistrati u malli

jsir dak l-ordni l-Qorti tal-Maġistrati bħala Qorti ta’ Ġudikatura

K ri m inal i tk un ko m pe t e nt i li ti pp ro ċ e s s a l il d ik il -p e r s una

daqslikieku ma jkun ingħata ebda ordni qabel. Meta l-Avukat

Ġenerali jkun ta ordni ġdid bħal dak wara l-preżentata tal-att tal-

a k k u ż a , i r- r e ġ i s t r a t u r t a l - Q or t i K r i m i n a l i g ħ a n d u j a r a l i l -

inkartament jintbagħat lill-Qorti tal-Maġistrati, u jara li kopja tal-

ordni tal-Avukat Ġenerali tiġi notifikata lill-Kummissarju tal-

Pulizija.

Notwithstanding the provisions of article 370 of the

Criminal Code and without prejudice to the provisions of article 31,

the Court of Magistrates shall be competent to try all offences

against this Ordinance as directed by the Attorney General in

accordance with the provisions of article 22(2).

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

C ri mi nal A pp eal from a ny ju dg men t gi ven b y t he Co urt o f

Magistrates in respect of criminal proceedings arising out of the

provisions of this Ordinance.

(1) The Minister responsible for public health may by

regulations amend the First, the Second and the Third Schedules to

this Ordinance.

(2) The Minister responsible for Justice may, after consultation

with the Minister responsible for the Police and with the Attorney

General, amend the Fourth Schedule to this Ordinance.

*See article 7 of Act VIII of 1986.

(3) The Minister responsible for the Authority on the Responsible

Use of Cannabis Act may, for the purposes of public health and harm

reduction, by regulations amend the Fifth Schedule to this Ordinance,

where it appears that a particular phytocannabinoid or cannabinoid shall

be classified as non-psychoactive or psychoactive as well as when it

appears that cannabinoids shall be classified as synthetic cannabinoids.

All necessary actions required for the implementation of the

Council Framework Decision 2004/757/JHA shall be implemented as

soon as possible but not later than six (6) months after the entry into

force by the act amending the Annex of the said Decision, and shall

include a specific reference to the said Framework Decision.