DRUG DEPENDENCE (TREATMENT NOT IMPRISONMENT) ACT

CHAPTER 537

DRUG DEPENDENCE

(TREATMENT NOT IMPRISONMENT) ACT

To provide for the treatment of persons in possession of small quantities of

prohibited drugs for personal use and for other measures for the rehabilitation

of persons suffering from drug dependence.

15th April, 2015 *

ACT I of 2015.as amended by Acts V of 2018, XXXII of 2018, IV of 2020,

XXXVI of 2021,LXVI of 2021 and VII and XII of 2025.

The short title of this Act is the Drug Dependence (Treatment

not Imprisonment) Act.

Added by

(article 8)

VII.2025.13.

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

1. amphetamine: less that 300 grams

2. cannabis: less than 300 grams

3. ecstasy: less than 300 pills

4. heroin and cocaine: less than 100 grams

5. ketamine: less than 150 grams

6. LSD: less than 300 squares

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

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

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

In this Act, unless the context otherwise requires

"conviction" also includes the voluntary payment of a penalty

without proceedings as provided under this Act or under the

Commissioners for Justice Act;

"Cannabinoid" means one of a group of compounds found only in

any plant of the genus Cannabis;

"drug laws" means the Medi cal an d K ind red P ro fession s

Ordinance and the Dangerous Drugs Ordinance.

"Good Manufacturing Practice" means the part of quality assurance

which ensures that products are consistently produced and controlled

in accordance with the quality standards appropriate to their intended

use and in line with the current detailed good manufacturing practice

guidelines published by the European Union Commission;

"Minister" means the Minister responsible for Justice; unless

otherwise specified.

"prohibited drug" means any drug which may form the object of

criminal proceedings under article 120A of the Medical and

Kindred Professions Ordinance or under article 22 of the

Dangerous Drugs Ordinance.

"synthetic Cannabinoids" means substances with structural features

which allow binding to one of the known cannabinoid receptors, i.e.

CB1 or CB2, present in human cells and compounds with similar

chemical structures.

(1) Subject to the provisions of sub-article (2), the

provisions of this Act, including the procedures, measures and

punishments provided in this Act in respect of offences against the

drug laws, shall apply notwithstanding and to the exclusion of the

provisions of the drug laws. No direction shall be required from the

Attorney General for the purposes of commencement of proceedings

under articles 4 and 5.

(2) The drug laws shall continue to apply except in respect of

any matter explicitly provided for in this Act.

* See article 1(1) of the Act as originally promulgated, and Legal Notice 93 of

2015.

(1) Where a charge of possession of a prohibited drug other

than the drug cannabis in a quantity of less than two grams or of two

pills of the drug ‘ecstacy’ or of two other prohibited pills, irrespective

of purity, in circumstances which do not give rise to reasonable

grounds to believe that the prohibited drug is not for personal use

by the person in possession thereof, that person shall be tried in

accordance with the Commissioners for Justice Act and shall be

liable, on conviction by the Commissioner for Justice, hereinafter

referred to as "the Commissioner", assigned by the Minister to hear

drug offence cases, to a penalty of between seventy-five euro (€75)

and one hundred and twenty-five euro (€125)

Provided that the Minister may by means of regulations

made by virtue of this Act establish amounts and levels of purity in

respect of different types of prohibited drugs which shall give rise

to a legal presumption that a person found in possession of the said

amounts of prohibited drugs, whether of a specified purity or not,

was in possession of those prohibited drugs for personal use or for

trafficking, as the case may be.

(2) Where,

in

proceedings

commenced

before

the

Commissioner in terms of sub-article (1) a question arises as to

whether a substance constitutes a prohibited drug, the

Commissioner shall refer such question to the Drug Offenders

Rehabilitation Board which shall report back on its findings to the

Commissioner.

(3) Any prohibited drugs confiscated or exhibited in the course

of proceedings before the Commissioner in terms of sub-article (1)

shall be sent by the Registrar of the Tribunal to the Registrar of the

Criminal Court for destruction. Due record shall be kept of such

sending.

(4) Where a person charged with an offence as provided for in

sub-article (1) is a person not habitually resident in Malta any

penalty due in terms of the provisions of the said sub-articles shall,

unless the charge is contested, be paid in its minimum through

electronic means and without proceedings before the

C ommissioner, at any place and in such manner a s may be

established by the Minister. Such payment may only be made

through credit card or other bank transfer within twelve hours from

the time when the said person is notified of the charge during which

time the Executive Police shall have the power to keep the said

person in detention until payment is made

Provided that where a charge to which this sub-article

applies is contested or where no payment of the penalty as provided

above in this sub-article is made, the provisions of this Act shall

cease to apply in respect of the person to be charged and the case

shall proceed in accordance with the provisions of the drug laws.

For the purposes of this sub-article "contested" means

giving notice of contestation even if verbally.

(1)

Notwithstanding the provisions of any other law, the

possession by a person over the age of eighteen (18) years of the drug

cannabis in an amount not exceeding seven grams, in circumstances in

which it may be reasonably deemed that such possession is for the

personal use of such person, shall not constitute an offence, and that

person shall not be subject to being taken into custody under arrest

saving when there is a reasonable suspicion of trafficking or dealing in

the drug cannabis

Provided that any person under the age of eighteen (18)

years found in such possession of the drug cannabis shall be subject to

being summoned to appear before the Commissioner for Justice who,

after taking cognizance of the case may propose that such person

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

proposal the Commissioner for Justice may consult the Drug

Offenders Rehabilitation Board and such other person or public

authority as the Commissioner for Justice deems appropriate.

(2)

Where a charge for breach of the drug laws consists of a

charge of possession of the drug cannabis in a quantity of more than

seven grams but not more than twenty-eight grams, irrespective of

purity, in circumstances which do not give rise to reasonable grounds

to believe that the prohibited drug is not for personal use by the person

in possession thereof, that person shall be tried in accordance with the

Commissioners for Jus tice Act and, upon conviction by the

Commissioner for Justice assigned by the Minister to hear drug

offence cases, shall be liable to a penalty of between fifty euro (€50)

and one hundred euro (€100)

Provided that the person shall not be subject to being taken

into custody under arrest saving when there is a reasonable suspicion

of trafficking or dealing in the drug cannabis.

(3)

A person who consumes the drug cannabis, other than as

may be authorised for medical reasons

(a)

in any public place;

(b)

in any place which is accessible to the public

whether upon payment or otherwise;

(c)

in any place where the odour emission resulting

from the consumption of cannabis causes a nuisance to third

parties,

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

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

the Commissioners for Justice Act.

(4)

A person who consumes the drug cannabis in any place,

whether public or private, in the presence of any person under the age

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

eighteen (18) years, shall be liable to a penalty of not less than three

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

imposed in accordance with the provisions of the Commissioners for

Justice Act.

(5)

In all circumstances detailed under the preceding sub-

articles of this article, the drug cannabis shall be seized by the

Executive Police only if found in excess of seven grams or if there is a

reasonable suspicion of trafficking or dealing in the drug cannabis.

Following its exhibition in the course of proceedings, the seized drug

shall be sent to the Registrar of the Criminal Court for destruction.

Due record shall be kept of such fact.

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

breach of the provisions of this article other than with a breach of sub-

article (4), may, unless the charge is contested, pay any penalty due in

its minimum through electronic means and without proceedings before

the Commissioner, at any place and in such manner as may be

established by the Minister.

(1) In the case of a second or subsequent conviction for

possession of a prohibited drug for personal use within a period of

two years from the date of the first conviction the offender shall

also be tried before a Commissioner for Justice appointed in terms

of the Commissioners for Justice Act and shall be liable to the same

penalties and be subject to the same procedures as provided in

article 4

Provided that upon a conviction for the second or

subsequent offence of a person habitually resident in Malta the

Commissioner for Justice shall order the person convicted to

appear before the Drug Offenders Rehabilitation Board established

under article 6.

(2) Notwithstanding the provisions of sub-article (1), in the

case of a second or subsequent conviction as referred to in sub-

article (1), where the prohibited drug involved in the offence is

cannabis or cannabis resin the Commissioner for Justice shall only

refer the convicted person to the Drug Offenders Rehabilitation

Board if, after considering the circumstances of the offence and of

the offender, he is satisfied that there are reasonable grounds to

believe that the circumstances of the convicted person give rise to a

probability that he is abusing or is likely to abuse prohibited drugs

other than cannabis or cannabis resin.

(3) The Commissioner for Justice shall in all cases make an

order for appearance before the Drug Offenders Rehabilitation

Board in the case of any person who is charged with a second or

subsequent offence in terms of sub-articles (1) or (2) and who

either opts to pay the penalty without proceedings in terms of the

Commissioners for Justice Act or fails to appear before the

Commissioner when duly summoned.

(4) Where a person is referred to the Drug Offenders

Rehabilitation Board in terms of sub-articles (1), (2) or (3), the said

Board shall summon the said person to appear before it and shall,

after conducting such examinations on the said person as are

proportionate and as it considers necessary, and if it finds that the

said person has a drug dependence problem which merits treatment,

the said Board shall issue such orders to that person as appear to the

Board to be necessary for the purpose of assisting that person to

come out of his drug dependence.

(5) Any person who after being referred to the Drug Offenders

Rehabilitation Board fails, without reasonable justification, to

appear before the Board on any occasion when he is to so appear, or

who fails without reasonable justification to comply with an order

issued to him by the Board shall be guilty of an offence against this

Act and shall be liable on conviction by the Court of Magistrates to

a fine (multa) of between one hundred euro (€100) and five

hundred euro (€500) or to imprisonment for a period of three

months or to both such fine and imprisonment.

(1) There shall be a Board to be known as the Drug

Offenders Rehabilitation Board which shall consist of

(a) a Chairman who shall be appointed by the Minister

who shall be either a retired Judge or a retired

Magistrate or a person who shall have exercised the

profession of advocate for a period of at least twelve

years;

(b) one member who shall be appointed by the Minister

upon the recommendation of the Minister responsible

for social policy;

(c) one member who shall be appointed by the Minister

upon the recommendation of the Minister responsible

for home affairs;

(d) one member who shall be appointed by the Minister

upon the recommendation of the Minister responsible

for health;

(e) three (3) members who shall be appointed by the

Minister

Provided that the persons appointed in accordance with

paragraphs (b), (c) and (d) shall be appointed from amongst persons

practicing professions or carrying out duties which are relevant to the

rehabilitation of persons suffering from drug dependence and the

persons appointed in accordance with paragraph (e) shall be appointed

from amongst retired public officers who in the opinion of the Minister

are appropriate to serve on the Board and, or from amongst other

persons who are competent within the field of rehabilitation from drug

dependence.

(2) The Minister may appoint more than one formation of the

Board in accordance with the method of appointment provided in

sub-article (1).

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

constitute a quorum in its meetings.

(3) In the case of equality of votes the Chairman of the Board

shall have a casting vote.

(4) The Drug Offenders Rehabilitation Board shall have the

following powers and functions

(a) to interview and examine any person who is referred to

it by the Commissioner for Justice or by a Court in

terms of the provisions of this Act or of any other law;

(b) to order the taking of such blood or urine samples from

any person referred to it;

(c) to obtain any information, technical assistance or

expert advice from any Government department or

agency or from any body set up by law for the purpose

of assessing the situation of any person referred to

itand to provide assistance to any person referred to it in

particular with regard to any mental health issues and to

assist any such person to overcome the social threats of

addiction such as the absence of a fixed place of abode and

unemployability and for this purpose the Board shall be

entitled to consult the Housing Authority and JobsPlus;

(d) to take such proportionate measures as may appear to

the Board to be necessary for the purpose of assisting

the person referred to it to combat drug dependence

problems;

(e) to issue such orders or recommendations, which may

also include orders restrictive of freedom of

movement, for treatment or rehabilitation to any

person referred to it for the purpose of assisting such

person to combat drug dependence problems;

(f)

to advise and assist the Commissioner for Justice, the

Court of Magistrates or any other Court of criminal

jurisdiction upon the request of the said Commissioner

for Justice or Court in relation to measures related to

proceedings before the Commissioner for Justice or

the Court, or in matters relating to the assistance and

rehabilitation of drug offenders and persons charged

with offences under the drug laws or with offences

which are related, directly or indirectly to drug

dependence;

(g) to oversee and advise about the establishment and

operation of a programme aimed at providing

psychological support to family members and other

persons with a close connection to persons suffering

from drug dependence problems;

(h) to work in co-ordination with the justice, social policy,

police, health and judicial training authorities for the

organization of training for practitioners involved in

activities related to the control of drug abuse and drug

related behaviour;

(i)

to perform any other function related to the

rehabilitation of drug abusers as the Minister may

from time to time by regulations assign to it.

(5) Generally, for the purpose of exercising its powers and

functions, the Board shall have, mutatis mutandis, all such powers

as are by the provisions of Book Second of the Criminal Code

vested in the Court of Magistrates.

(6)

In the performance of its functions, the Board shall act with

independence and impartiality and it shall be subject to the general

supervision of the courts of criminal jurisdiction as provided in this

article.

(7)

Where any person who is referred to the Board by a court

wishes to contest a decision taken with regard to him or her by the

Board

(a)

that person may file an application for the said

purpose before the court by which he or she was referred to the

Board;

(b)

the said court shall, in considering the

application, give due consideration to the grounds of complaint,

to the reasons for the decision of the Board, and to any other

information which it may demand from the Board; and

(c)

the court may either confirm its agreement with

the decision of the Board or refer the matter back to the Board

with direction for the variation of the decision.

(8) The procedure provided for in sub-article (7) shall also apply

to decisions taken by the Board in respect of persons who are referred

to it by a Commissioner for Justice in which case the application

referred to in paragraph (a) of sub-article (7) shall be filed before the

Court of Magistrates as a Court of Criminal Judicature in the island

where the applicant resides.

(1)

Notwithstanding the other provisions of this Act or of

any other law, the cultivation of up to four plants of the drug cannabis,

and the possession of not more than fifty grams of dried cannabis, for

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

the residential address appearing on an official document showing his

place of residence, such as a national identity card or other identity

document, shall not constitute an offence, and that person shall not be

subject to being taken into custody under arrest only by reason of such

cultivation and possession at the said address

Provided that

(a) such cultivation shall not occur in a space which is

visible to the public or in a manner which causes

nuisance to third parties through the emission of odour

emanating from the cannabis plants as well as such

cultivation shall not occur in a manner that renders the

cannabis plants visible or accessible to minors;

(b) the Executive Police shall in all cases seize the dried

cannabis found on the premises only if it is in excess

of fifty grams. Where after the seizure of the dried

cannabis it results that there are no grounds to institute

proceedings due to the fact that the amount of cannabis

seized was within the limits permissible by law the

Police shall send the seized cannabis to the Authority

on the Responsible Use of Cannabis or other public

authority as the Minister may by order in the gazette

appoint for the purpose so that it shall be returned to

its owner subject to such conditions as such authority

or authority may establish. Due record shall be kept of

such facts

Provided further that no action shall lie against

the Police if the seized cannabis after having been

weighed with precision results to have been in a

quantity which does not exceed fifty grams.

(2)

Nothing in this article shall be interpreted as authorising the

cultivation of more than four plants of the plant cannabis irrespective

of the number of residents within any given residential address and

irrespective of the strains of such plants.

(3)

For the purposes of this article "dried cannabis" means the

dried inflorescence and the dried leaves of the plant cannabis.

(4)

Any person who cultivates up to four (4) cannabis plants in

contravention of the provisions of paragraph (a) of sub-article (1) shall

be guilty of an offence and shall be liable to a penalty of not less than

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

which shall be imposed in accordance with the provisions of the

Commissioners for Justice Act

Provided that in such instances, the Executive Police or any

other authority or regulatory body authorised by law shall have the

authority to seize and confiscate the cannabis plants.

(5)

Any person who cultivates up to four (4) cannabis plants at

a location other than the residential address registered on an official

document establishing their place of residence, as prescribed in sub-

article (1) shall, unless the circumstances indicate that such cultivation

is intended for trafficking purposes, be liable to a penalty of not less

than seven hundred euro (€700) and not more than one thousand euro

(€1,000), which shall be imposed in accordance with the provisions of

the Commissioners for Justice Act

Provided that in such instances, the Executive Police or any

other authority or regulatory body authorised by law shall have the

authority to seize and confiscate the cannabis plants.

(6)

The Minister responsible for the Authority on the

Responsible Use of Cannabis Act may make regulations for the better

implementation of the provisions of this article and, without prejudice

to the generality of the aforesaid, such regulations may also prescribe

conditions to ensure compliance with the requirements set out herein.

(1)

Notwithstanding the other provisions of this Act or of

any other law it shall be permissible to establish, and an individual

may be a member of, an organisation the membership of which shall

consist only of individuals in their personal capacity and acting only in

their own name the only purpose of which being the cultivation of the

plant cannabis exclusively for its members in a collective manner to

distribute it only to those members.

(2)

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

with the following provisions

(a) it shall be registered with the Authority on the

Responsible Use of Cannabis and prior to commencing

its operations it shall obtain a permit from the said

Authority to operate, which permit may be subject to

general or particular conditions;

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

with the definition in article 2 of the Voluntary

Organisations Act in such a manner that the provisions

of the First Schedule of the said Act shall mutatis

mutandis and to the extent to which they maybe

applied, apply to the said organisation

Provided that in case of conflict, regulations made in

accordance of sub-article (5) shall take precedence over

the provisions of the Voluntary Organisations Act;

(c) it shall distribute cannabis only to its members and it

shall not permit any other person not being its member

to be present in any premises which it operates;

(d) it shall have distinctive marks on the containers in

which it distributes cannabis in a manner which

renders the distribution of the said containers by it

identifiable and it shall carry out controls of the

quality of cannabis distributed;

(e) it shall not have more than five hundred members or

such other number of members as the Authority on the

Responsible Use of Cannabis may determine by order

in the Gazette;

(f)

it shall not be allowed to advertise its activities in any

manner and no indication by signs, words or designs,

or otherwise of activities related to cannabis or to the

cannabis culture shall be allowed to be shown from

any premises managed by the organisation on the

outside or in a way which is visible from the outside;

(g) any premises managed by the organisation shall not be

within a distance of less than two hundred and fifty

metres (250m) from the entrance of a school, sport

facilities or youth centres;;

(h) it shall ensure that the presence of premises managed

by it does not cause nuisance in the locality where it is

situated, also including nuisance because of loitering,

and ensure that every premises managed by it is in

conformity with every law and regulation on health

and safety as in force from time to time;

(i)

that the persons who manage the organisation and the

persons who render service in the premises managed

by it shall be of good conduct and the organisation

shall register them as such with the Authority on the

Responsible Use of Cannabis;

(j)

that no person under the age of eighteen (18) years

may be a member of the organisation or be present in

any premises managed by it;

(k) it shall not have more grams of cannabis than the amount

which the Minister or the Authority on the Responsible

Use of Cannabis shall determine according to the scale

and the demands of the organisation by order in the

Gazette or in any directive or legal instrument issued by

the said Authority;

(l)

that it shall not cultivate more cannabis plants that

such number authorised by the Authority on the

Responsible use of Cannabis and that it shall abide by

all conditions and controls as such Authority may

impose, including conditions relating to the places

where cultivation may take place, where cannabis

plants are dried and how they shall be transported;

(m) that the cannabis distributed to members should be in a

sealed container the shape of which and the words or

designs written or printed thereon shall require the

approval of the Authority on the Responsible Use of

Cannabis;

(n) that no alcoholic products shall be sold from any

premises managed by the organisation;

(o) that the organisation shall cooperate fully and honestly

at all times in any inspections which may be made in

its regard from time to time by the public authorities,

also including inspections held for the purpose of

verifying what quantity and quality of cannabis is

being distributed to the members of the organisation

and to establish that the law is being observed;

(p) that it shall render account in writing every three (3)

months to the Authority on the Responsible Use of

Cannabis on the amount of cannabis distributed

amongst the members of the organisation and about the

number of members of the organisation;

(q) that it shall keep a register of its members which shall

include as a minimum the names and copies of the

identity card or of another official identity document

or of the passport of the said members. Such register

shall be kept in a manner which complies with any law

on data protection as applicable from time to time

Provided that the Authority on the Responsible Use of

Cannabis shall verify compliance with this

requirement on the basis of confidentiality and non-

disclosure

Provided further that the register of members and the

information contained therein shall not be accessible or

transferred to any entity, department, agency or authority

and shall not be adduced as evidence in any proceedings

before any court or tribunal, unless required in the

conduct of investigating and prosecuting a criminal

offence;

(r)

that it shall not permit the same member to receive

more than seven grams of cannabis in a single day or

more than fifty grams of cannabis in any calendar

month;

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

continuation in its membership persons who are

members of another organisation of the same type;

(t)

that it shall abide by all conditions as the Minister may

by regulations which may be issued on the basis of this

article from time to time establish;

(u) that the owners, management and membership of the

organisation shall consist only of individuals and shall

not include legal persons or other legal entities.

(3)

Every organisation as referred to in sub-article (1)

shall be allowed to distribute unsterilized seeds of the plant

cannabis to its members in sealed packets, with regard to the

shape and presentation of which paragraph (m) of sub-article

(2) shall mutatis mutandis apply, in a total quantity of not more

that twenty seeds per calendar month to each member.

(4)

Any person or organisation who permits a person under the

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

organisation as referred to in sub-article (1), shall be guilty of an

offence under this Act and shall be liable, on conviction, to a fine

(multa) of not less than three thousand euro (€3,000) and not more

than ten thousand euro (€10,000).

(5)

The Minister responsible for the Authority on the

Responsible Use of Cannabis Act may make regulations for the

better implementation of the provisions of this article and, without

prejudice to the generality of the aforesaid, such regulations may also

provide for

(a)

the manner in which and the reasons for which

any authorisation, permission or licence related to the

provisions of this article shall be issued and be made subject to

other conditions;

(b)

in the case of a breach of article 7A or regulations

made thereunder, the manner in which any authorisation,

permission or licence may be withdrawn or suspended;

(c)

the fees payable in respect of any authorisation,

permit or licence after consultation with the Minister

responsible for finance;

(d)

the manner in which organisations are to be

administered and managed and the measures that may be taken

by the Authority on the Responsible Use of Cannabis to provide

for the administration of organisations in extraordinary

circumstances;

(e)

the fines (multa) to which a person or organisation

referred to in sub-article (1) or any other person or organisation

who fails to observe the law, which shall amount to a fine (multa)

of fifty thousand euro (€50,000), or double the value of the

proceeds resulting from the offence, whichever is the higher, so

however that one-half (1/2) of such amount shall be considered

as a civil debt owed and payable to the Authority on the

Responsible Use of Cannabis in respect of which there is an

executive title.

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

member thereof which in their activities abide by the provisions of this

article and any regulations, conditions or orders issued thereunder

shall be tolerated in their activity within the limits of what is provided

in this article and they shall be exempt from being made subject to

proceedings under this Act or under the drug laws for anything done

by them in accordance with this article.

(1)

The Court of Magistrates in its criminal jurisdiction,

shall be the competent court to take cognizance of offences mentioned

in the preceding article and, or any regulations made thereunder.

(2)

No criminal proceedings in accordance with the preceding

article or any other regulatory instruments shall be taken except at the

request or with the authorisation of the Authority on the Responsible

Use of Cannabis, and proceedings that have been so taken may, at any

time before final judgment, be withdrawn at the request of the

Authority on the Responsible Use of Cannabis

Provided that this shall apply unless the fact also relates to a

more serious offence under the Criminal Code or any other law, in

which case the provisions of the Criminal Code or of such other law

shall apply.

(3)

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall have a right of appeal to the Court of Criminal

Appeal from any judgment given by the Court of Magistrates in

respect of criminal proceedings mentioned in article 7A or any other

regulatory instrument.

(4)

In any criminal proceedings in accordance with the preceding

article or any regulations made thereunder, any officer of the Authority

on the Responsible Use of Cannabis may, notwithstanding the

provisions of any other law, produce the evidence, plead and otherwise

conduct the prosecution jointly with the Police.

(5)

Should the evidence of the officer designated by the

Authority on the Responsible Use of Cannabis as aforesaid be required

as part of the case for the prosecution, he shall be heard by the said

Court before assuming the duties of a prosecuting officer unless the

necessity of his giving evidence arises at a later stage

Provided that said officer may state the facts constituting the

offence before giving evidence.

(1)

Notwithstanding any other provision of this Act, and

without prejudice to any other proceedings to which the person or

organisation may be subjected to under any other law, in the case of any

breach mentioned in article 7A of this Act or regulations made

thereunder, the Authority on the Responsible Use of Cannabis may, with

the concurrence of the person or organisation committing the breach and

subject to the rectification of the breach, impose an administrative

penalty amounting to not less than seventy five percent (75%) of the

minimum fine (multa) attributable to the offence in question as an

alternative to criminal court proceedings. Upon conclusion of such

agreement, the offender’s criminal liability with regard to the offence or

offences in relation to which the agreement has been entered, shall be

extinguished

Provided that the agreement shall not be concluded and the

criminal liability of the offender shall not be extinguished unless the

agreement is accompanied by the payment of the sum due or the

provision of sufficient security for its payment, in the case of an

administrative penalty, or in the case of another form of sanction by

adherence thereto or sufficient security of adherence

Provided further that the agreement and payment of any

administrative penalty due in virtue thereof, shall not exonerate the

person or organisation responsible for a breach, from rectifying such

breach and duly comply with article 7A of this Act and, or other

applicable regulatory instruments.

(2)

The provisions of sub-article (1) shall apply also in any case

where the offender has been charged before a court in relation to the

offence, but before final judgement has been given in the case.

(3) Any imposition of an administrative penalty shall be without

prejudice to the right of the Authority on the Responsible Use of

Cannabis to recover any and all fees, contributions, levies, taxes and

other dues which are imposed by article 7A and, or any other regulatory

instruments, that remain unpaid after their due date. Such fees and taxes

shall be due to the Authority on the Responsible Use of Cannabis as a

civil debt and shall upon the service by judicial act of a copy of a notice

for payment on the person or organisation specified in the notice,

constitute an executive title for all effects and purposes of Title VII of

Part I of Book Second of the Code of Organization and Civil

Procedure.

(1) Where the accused is charged with an offence against

the drug laws with regard to a quantity of prohibited drugs which,

irrespective of the kind of drug or of the purity, which does not

exceed the quantity of any one of the drugs listed in the Schecdule, or

is charged with the commission of any crime not liable to a

punishment of more than seven years imprisonment, and the

conditions referred to in sub-article (2) are satisfied, the Court may,

after hearing submissions made on behalf of the accused and on

behalf of the prosecution and after hearing any witness which the

Court considers it necessary to hear, issue a decree whereby the

Court will assume the function of a Drugs Court.

(2) The conditions to be satisfied for the purpose of sub-article

(1) are the following

(a) that the offence against drug laws or against any other

law with which the accused is charged was committed

during a period of drug dependence and the offence is

substantially attributable to the proven drug dependence

of the accused;

(b) that the offence against any law other than the drug

laws with which the accused is charged does not

consist of a wilful offence against the person or of a

crime committed whilst the accused was in possession

of arms proper or with the use of fire or explosives

Provided that the Court in its discretion shall have the

right, after considering the gravity of the offence with

which the person is charged, not to apply the exclusion

stipulated in this paragraph if the wilful offence against

the person is not one subject to a punishment of

imprisonment for a period of more than two (2) years

which was not committed with the use or possession of a

firearm, fire or explosives, and once the Court is satisfied

that the application of the said exclusion would create a

prejudice disproportionate to the actual gravity of the

offence to the detriment of the opportunity of the accused

to rehabilitate himself from the drug dependence;

(c) that there are objective reasons which indicate that the

accused is likely to be rehabilitated from drug

dependence or that he has made substantial progress or

effort to free himself of drug dependence.

(3) When the Court issues a decree that it is to assume the

functions of a Drugs Court, the Court shall proceed to refer the

accused before the Drug Offenders Rehabilitation Board which

shall be entitled to give such orders in respect of the accused as

provided in article 6.

(3A) In the event that the Drug Offenders Rehabilitation Board

receives a referral in respect of a person who has already been

referred before the Board and whose case is still pending before it,

the Board shall inform the referring Court of that fact and it shall

continue to consider the case only under the first referral

Provided that the Board shall communicate its findings and

decisions on the first referral to any Court which would have referred the

same person to it.

(4) In the event that the accused fails to comply with the orders

of the Drug Offenders Rehabilitation Board or if the Board, after

examining the facts, considers that the accused is not showing

commitment to his rehabilitation, the Board shall, without prejudice

to any liability of the accused under article 5(5), whilst giving reasons

for its decision, recommend to the Court to revoke its decision to

convert itself into a Drugs Court and to proceed with the trial.

(5) Where the Drug Offenders Rehabilitation Board, within a

period of not more than eighteen months from when the accused

was referred to it, considers that the accused although having

previously suffered from drug dependence is free from drug

dependence, or has managed to substantially free himself of drug

dependence, the Board shall report that fact in an explained report

submitted to the Court and it shall refer the accused back to the

Court

Provided that the Board shall have the power to extend the

period of eighteen months referred to in this sub-article where it

considers that there are exceptional circumstances which justify that

extension. The Board’s decision regarding the extension shall give

reasons and shall be notified to the Court.

(6) After receiving the report referred to in sub-article (5), the

C ou rt s ha l l or der th e R e gis t rar o f th e Cr im in a l C ou rt s and

Tribunals to provide a list of all criminal cases pending against the

accused, other than such cases

(a) where the Court of Magistrates does not have and

cannot be granted competence;

(b) which relate to offences involving charges referred to

in paragraph (2)(b); and

(c)

where the Court has decided not to apply the said sub-

article,

and the Court shall, insofar as it deems the measure to be in the best

interest of the rehabilitation of the accused and after having taken into

consideration the interests of the proper administration of justice and

of the victims, order that a copy of the said report is admitted in the

acts of the aforementioned cases and be binding upon the courts taking

cognizance of the respective cases against the accused insofar as such

report is, in the opi nion of t he said Courts, relevant t o the

circumstances of the cases pending before them.

(6A) Deleted by Act VII.2025.11.

(7) In cases where the Court receives a report prepared in

accordance with sub-article (5) the Court may, notwithstanding any

other law, in the event of any conviction, decide not to apply any

minimum term of mandatory imprisonment or the exclusion of the

application of a probation order or of the suspension of a term of

imprisonment applicable to any offence in respect of which the

accused is found guilty

Provided that the Court shall only refrain from applying a

mandatory minimum term of imprisonment or the exclusion of the

application of a probation order or of the suspension of a term of

imprisonment if it is satisfied on a balance of probabilities that the

offence of which the accused has been found guilty was mainly

attributable to his drug dependence

Provided further that in those cases where the Court has

received a report prepared in accordance with sub-article (5) and

decides to impose an order in accordance with the Probation Act or to

grant a suspended sentence, in such cases where subsequently the

person convicted commits another offence during the operative period

of the said order or suspended sentence, such person shall be

considered to have breached the said order or the conditions of the

suspended sentence and consequently such person shall be judged

afresh for the original offence for which the probation order or

suspended sentence was granted.

(8) In giving judgement in cases to which sub-articles (5), (6)

and (7) apply, the Court may also order that any offence of which

the accused has been found guilty, other than an offence for which

the accused has been sentenced to imprisonment without the

application of article 28A of the Criminal Code, shall not be taken

into account for the purposes of the issue of a conduct certificate

under the Conduct Certificates Ordinance after the lapse of a period

being a minimum of one year and a maximum of three years from

the date of the Court’s judgement unless the offender relapses.

(9) There shall be no right of appeal from a decision of the

Court to assume the functions of a Drugs Court or to decline a

request to do so, or from any decision of the Drug Offenders

Rehabilitation Board.

(10) Where the accused has been referred to the Drug Offenders

Rehabilitation Board as provided in this article the accused shall,

during the period whilst he is so referred, be brought before the

Court at intervals of not more than three months for the Court to be

updated, whether orally or in writing, by the Board with regard to

the progress of the rehabilitation or treatment of the accused.

(11) During the time when the accused is referred to the Drug

Offenders Rehabilitation Board the Court shall continue to hear the

case against the accused as though no such referral was made but it

shall not pass judgement.

(1)

There shall be a Board to be known as the Sentencing

Policy Advisory Board which shall consist of such number of

persons not being less than three or more than six as the Minister

may from time to time appoint.

(2) The function of the Board shall be to suggest policies for

the sentencing of persons found guilty of drug and drug related

offences in such a manner as to aim at achieving consistency in the

punishments given for such offences by different courts.

(3) The Minister, after consultation with the Commission for

the Administration of Justice, may by regulations extend the

competence of the Sentencing Policy Advisory Board to other

offences.

(4) Upon drafting sentencing policies the Board shall report to

the Minister who shall refer the draft policies for an opinion from

the Commission for the Administration of Justice, making such

comments in writing as the Minister may deem appropriate.

(5) The Commission for the Administration of Justice shall

issue its opinion on the draft sentencing policies within six months

from the end of the month during which these are communicated to

it by the Minister

Provided that if the opinion of the Commission for the

Administration of Justice is not received by the Minister within a

period of thirty days following the expiry of the period of six

months referred to in this sub-article, the Minister shall be entitled

to proceed to adopt and publish the said sentencing policies or to

extend the said period of six months upon the request of the

Commission if he considers that such extension is justified

Provided further that where the Commission for the

Administration of Justice has approved a sentencing policy this

shall be published by the Minister as so approved unless the

Minister, for reasons to be stated in writing, considers it necessary

to depart from the approved policy.

(1) A licenced medical practitioner who is duly registered in

accordance with the Health Care Professions Act, shall be entitled to

prescribe to patients medicinal preparations of the plant cannabis and

synthetic Cannabinoid products licensed under the Medicines Act or

manufactured under Good Manufacturing Practice, if it is considered

that there is no viable alternative to such prescription due account being

taken of any protocols which may be in force from time to time in

respect of the prescription of medicines, of the interests of the patient

and of the costs.

(2) None of the preparations referred to in sub-article (1) may be

indicated for smoking or in any form meant for smoking.

(3)

The provisions of the Medicines Act, shall, mutatis

mutandis, apply and the p rov isions o f th e D r u g s ( C o n t r o l )

Regulations shall also, mutatis mutandis, apply with regard to the

control card

Provided that no urgent prescriptions shall be allowed in relation to

these preparations.

(4)

The medical practitioner shall apply for the preparations

referred to in sub-article (1) only on a named patient basis as directed by

the Superintendent of Public Health.

(5)

Preparations referred to in sub-article (1) can only be

dispensed by a pharmacist from a licensed pharmacy.

(6)

Preparations referred to in sub-article (1) can only be

imported by a licensed wholesale dealer or a licensed manufacturer.

(1) Any person who provides assistance to another person

suffering from a drug overdose by taking such person to a hospital

or to a place where he can receive appropriate medical care or who

seeks the assistance of the competent authorities for such a purpose

shall, without prejudice to his liability for any other offence, not be

liable to be prosecuted for having shared or consumed a prohibited

drug in a quantity for personal use with the person suffering from

the said overdose.

(2) Where the person providing assistance in accordance with

sub-article (1) shall be liable to prosecution for any other offence

directly connected with the overdose of the assisted person the

punishment to which such person shall be liable on conviction shall

be reduced by one degree.

(1) The Minister may make regulations for the better

implementation of any of the provisions of this Act and, without

prejudice to the generality of the foregoing, such regulations may

make provision

(a) for establishing procedures to be followed by

Commissioners for Justice taking cognizance of cases

under this Act and in respect of the procedure to be

followed by the Drug Offenders Rehabilitation Board;

(b) for the organization of schemes of community service

and to provide that such schemes may, with the

authorisation of a Court or of a Commissioner for

Justice, as the case may be, be used as an alternative to

any pecuniary penalty which may be imposed by a

Court or by a Commissioner for Justice under this Act;

(c) for varying the amount of penalties that may be

imposed by Commissioners for Justice under this Act

provided that the maximum penalty so established

shall not exceed five hundred euro (€500);

(d) for providing for procedures to be followed for the

immediate payment of penalties without proceedings

in respect of penalties to which a person may become

liable under this Act;

(e) for providing, in a proportionate manner, for the non-

renewal of licences or other authorisations of any kind

to a person convicted of any offence consisting of

simple possession of a drug for personal use until a

penalty due is actually paid;

(f)

for prescribing anything that may be prescribed under this

Act.

(2) The Minister responsible for health may make regulations for

the better implementation of the provisions of article 10.

This Act shall not apply

(a) where the offence consists in the sale, supply,

administration or offer of prohibited drugs to a minor,

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

a programme for cure and rehabilitation from drug

dependence and to which the second proviso to sub-

article (2) of article 120A of the Medical and Kindred

Professions Ordinance or the second proviso to sub-

article (2) of article 22 of the Dangerous Drugs

Ordinance apply; or

(b) where the offence against the drug laws is one

committed in or in relation to a prison or other place of

detention

Provided that paragraph (b) shall not apply when all

the following circumstances subsist

(a)

where the offence with which the accused is

charged results from the possession of a small

amount of prohibited drug and the accused is not

charged with drug trafficking or with possession

of a prohibited drug in circumstances which

indicate that such possession was not for the

personal use of the accused;

(b)

where the offence with which the accused is

charged was committed during a period of drug

dependence and the offence is substantially

attributable to the proven drug dependence of

the accused; and

(c)

the accused is no longer a prisoner as defined in

article 2 of the Prisons Act or is no longer

detained in another place of detention.