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Maltese Laws |
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 and 93 of 1990; Acts VI of
1994, XVI of 1996, II of 1998 and VI of 2000; Legal Notice 148 of 2000; Act III of 2002; Legal Notices 278 of 2003 and 1 of 2004; Acts XVI of 2006, and XXIV and XXXI of 2007; and
Legal Notices 373 and 409 of 2007, and 331 of 2009.
ARRANGEMENT OF ORDINANCE
Title and Interpretation | Articles 1-2 | |
Part I. Part II. Part III. Part IV. Part V. Part VI. | Raw Opium and Coca Leaves Prepared Opium Indian Hemp Cocaine, Morphine, etc. Control of External Trade General | 3-4 5-6 7-8 9-11 12-19 20-34 |
First Schedule Second Schedule Third Schedule |
Short title. 1. The short title of this Ordinance is the Dangerous Drugs
Ordinance.
Interpretation. Amended by: XXIII. 1980.2; VI.1994.2.
"c oca leaves" me ans the le ave s of the Erythrox ylum Coca Lamar e k an d t h e Erythr o x yl um No vo gran atense ( M orris) Hieronymus and their v a riet ies belo ngi ng to t h e fami ly of Erythroxylaceae and the leaves of other species of this genus from whic h coc a i ne ca n b e ext r ac te d e ither d i rectly or b y chemical transformation;
"expo rt", wit h it s grammati cal variatio ns and cogn at e expressions, in relation to Malta, means to take or cause
to be taken out of Malta in any manner whatsoever;
"i mp ort", w ith i t s g r am m a tic al v a ri ati ons and cog n ate expressions, in relation to Malta, means to
bring or cause to be brought into Malta in any manner whatsoever;
"Indian hemp" means any plant of the genus Cannabis or any part of any such plant, but does not include fibre or seed which
has been rendered not capable of developing into another such plant;
"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;
"p re pared opi um " mean s o p i u m p r ep ared for sm ok in g and includes dross and any other residues remaining after
opium has been smoked;
"raw opium" means the spontaneously coagulated juice obtained from the capsules of the Papaver Somniferum L., which has only been subm itted to the necessary m anipul ations for packing and transport, whatever its content of morphine;
"the Single Conventio n" m e ans t h e 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 Ordin a nce shall be deemed to include a
reference to rules made thereunder.
PART I
RAW OPIUM AND COCA LEAVES
(2) The Minister responsible for public health may fix such penalties for the breach or non-observance of any rule as he may th in k fi t, no t exc eed in g im pri s on me nt for on e m o nt h or a fin e (multa) of three hundred and forty-nine euro and forty-one cents (349.41).
Power to regulate the production of and dealing in raw opium and coca leaves.
Amended by: L.N. 4 of 1963;
XI. 1977.2; XLIX. 1981.4;
XIII. 1983.5;
L.N. 409 of 2007.
4. No person shall cultivate the opium poppy (papaver somniferum) or the coca plant (Erythroxylum Coca).
Prohibition of cultivation of opium or coca plant.
PART II
PREPARED OPIUM
(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.
Prohibition of exportation of pre- pared opium.
Penalty for manufacturing, selling, using, etc. prepared opium.
PART III
Prohibition of importation and exportation of the resin from the plant Cannabis. Amended by:
XXIII. 1980.6.
Penalty for dealing in, etc., the plant Cannabis. Substituted by: XXIII. 1980.3.
INDIAN HEMP
7. No person shall import or bring into, or export from, Malta any resin obtained from the plant Cannabis.
(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
Control of manufacture and sale of cocaine. Amended by: L.N. 4 of 1963; XI. 1977.2.
COCAINE, MORPHINE, ETC.
(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
p o isons in accordance wit h the provi sio n s of the M e dica l 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.
Cap. 31.
Cap. 37.
Cap. 31. Cap. 31.
(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
Drugs to which Part IV applies. Amended by: L.N. 4 of 1963; XI. 1977.2; XXIII.1980.7; XLIX. 1981.6; VI.1994.3.
Calculations of percentage in case of liquid preparations.
health that any other drug of whatever kind is or is likely to be productive, if improperly used, or is capable of being converted
in to a sub s tance which is, o r is likely to be productive, if 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, vari ations or alterat i ons to such schedule.
(4) If the Minister responsible for public health thinks fit to declare by orde r 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
Natio ns Or g a nisation to the parties t o the Sing le 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.
Prohibition of trade, etc., in new drugs, and power to apply Part IV with or without modifications, to certain drugs. Amended by:
L.N. 4 of 1963; XI.1977.2;
XLIX. 1981.6; VI.1994.4.
Provided that if the Minister responsible for public health is at any time satisfied as respects any such pr oducts th at it is of
m e dical or scient ifi c valu e, he m a y b y order di rect that thi s subarticle shall cease to apply to that product.
(2) If any person acts in contravention of subarticle (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 w ith respect to any such prod uct as
is m e nt ion e d in sub a rti c le (1) has b een co mm un icated by the Secretary-General of the United Nations Organisation to
the parties t o the Sin g le Co nv ent i on , th e M i n i ster resp onsi b l e for p u b lic 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 (comm only known as codeine), ethylmorphine
(commonly known as dionin) and their respective salts.
PART V
CONTROL OF EXTERNAL TRADE
"conveyance" includes ship, aircraft, and any other means of transport by which goods may be brought into or taken from
Malta;
"dan gero us drug " m ean s a ny dru g to wh ic h Pa rt IV of t h i s Ordinance applies, and includes raw opium, coca leaves,
Indian hemp, and all preparations of which resins obtained from Indian hemp form the base, and, for the purposes of articles 15 to
18 both inclusive, includes also the resins obtained from the Indian hemp;
" d iversion certificate" mean s a certificate is sued by the 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 " , w ith its g r ammatic al variation s an d 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;
"expo r t authorization " means an au thorization 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;
"im port", wit h its gramm a ti cal 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 be ing carried to another country either by the same or another conveyance.
Interpretation of
Part V.
Amended by:
XXIII. 1980.8.
Exportation of dangerous drugs. Amended by:
XVI 1960.3; XXIII. 1980.8; VI.1994.5.
(2) No dangerous drugs shall be exported from Malta unless the consignor is in p o ssession 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 exp o rter shall p r oduce to the Compt r oller of Cu sto m s
th e dangerous drug, the export authorization relating thereto, and such o t her evid ence as t h e Co mp tro ller of Cust oms may
requ ire to satisfy him that the drug is being lawfully exported to the place and person named in the authorization which refers
to it.
Importation of dangerous drugs. Amended by: XXIII. 1980.8; VI.1994.6.
(2) Where an import authorization is issued in pursuance of subarticle (1), the Chief Government Medical Officer shall also
issue, in relation to the dangerous drug intended to be imported, an im po rt cer ti fi cat e ( F o r m A) wh ich sh al l be fo rward
e d by t h e intendi ng imp orter to the perso n from whom t h e drug is to b e obtained. When the importer to whom an import authorization
is issued under th is article intends to import th e drug or drug s 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.
(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 Cu stoms has reasonabl e 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 t o whi c h su ch auth orizati on or certificate relates. U pon b e in g satisfied that such authorization or certificate
is valid or has not been obt ai ned by frau d or misrep r esen tation as aforesaid t h e 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
16.
(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.
Dangerous drugs, in transit. Amended by:
XVI. 1960.3; VI.1994.7.
(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).
General prohibition on importation and exportation of dangerous drugs. Added by: VI.1994.8.
(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
Removal licences.
Amended by:
XVI. 1960.3;
XXIII. 1980.8;
VI. 1994.9.
unti l a valid and subsisting expor t au thori z ation or d i versi o n certificate relating to it is produced to the Comptroller of Customs.
Drugs not to be tampered with. Amended by: XVI. 1960.3.
Diversion of dangerous drugs. Amended by: XXIII. 1980.8; VI.1994.10.
(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 M a lta, and anothe r copy sha l l be de spatched 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 dru g on its arriv a l i n Malt a shall be d e t a ined by th e Chief 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.
Powers of Chief Government Medical Officer.
PART VI
GENERAL
(2) If any person wilfully delays or obstructs any person in the exercise o f his powers under t h is article or fails to pro duce 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.
Licences. Amended by: L.N. 4 of 1963; XI. 1977.2.
Power of inspection and seizure. Amended by: XXIII. 1980.4.
Offences and penalties. Amended by: XLVIII. 1975.2; XXIII. 1980.5; XIII. 1983.5;
VIII. 1990.3; VI. 1994.11; XVI. 1996.2; II. 1998.8; VI. 2000.2;
L.N. 409 of 2007; XXXI. 2007.35.
Cap. 217.
Cap. 446. Cap. 9.
(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 t h e provi sions contained in article 7 of the Immigration Act.
(1A) The conspiracy referred to in paragraphs (d) and (f) of the preceding subarticle 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 gram mati cal variati ons and cog nate expressions)
w ith reference to dealing in a drug, includes cultivation, importation in such circumstances that the Court is satisfied that such
importation was no t for the ex cl usi v e use of the of fender, m a nufacture, 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 importation in such circumstances that the Court is satisfied that such importation was
for the ex clusive use of the of fender, the provisions of t h e Probation Act and of article 21 if 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, keep s, tr ansp or ts, tr ansm it s, al ter s , di sp oses 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 subarticle (1) or subarticle (1D)(a) or in subarticle (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 subarticle (1) or subarticle (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
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 m ent ion ed i n
the Th ird Sch edul e hereto kn owi ng 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 subarticle (1B) shall apply, mutatis mutandis, to this subarticle.
(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 a nufactures, tran sports or distri butes
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 provi sion s of t h is Ordin a nce and any such con duct as i s prohibited under this subarticle 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 subarticle (1G) are satisfied.
(1G) The conditions to which reference is made in subarticle
(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 m ay 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) or consists in selling or dealing in a drug contrary to the provisions of this Ordinance or in an offence under subarticle (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 subarticles (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 t h e equipment or materials, if any , involved in the offence and all
other circumsta n ces of the of fe nce, 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) or consists in selling or dealing in a drug contrary to the provisions of this Ordinance or in an offence under subarticle (1)(f), or of 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 subarticles (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 subarticle, 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 t o th e Cou r t of M a gi st rat e s (G oz o) sh al l be co nst r u e d 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 m e et , or the of fence con s ists in th e sale, supp ly, ad mini stration o r offer to do any of
th ese acts, t o a mi nor, 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.
(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
Cap. 9. Cap. 37.
Cap. 12.
such title in favour of the Government.
(3A) Where an offence against this Ordinance in respect of wh ich a p e r s on h a s been fo un d gui lt y con s ists in
any o f th e 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.
(4) No person shall, on conviction for any offence of contravening or fail ing to com p ly wit h any rul e und
er th is O r dinance relati ng to the keeping of bo oks or the issuing or di spe n si ng o f p r escrip t i o n s co nt ai ni ng
d r ug s t o w h i c h t h i s Ordin a nce appl ies, b e sent enced to im priso n m e nt wi tho u t th e 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 case is satisfied that
the of fenc e was committed through 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 revocati on of su ch li cence or warrant , and u pon such o rder 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 subarticles (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 su ba rt icl e (2 )(b )(i), is in need of car e and assistance for his rehabilitation from dependence on any dangerous drug (as defined in artic l e 12),
the court may, in stead o f ap pl yi ng any o f t h e punishments provided for in the foregoing subarticles, place the offender on
probation in accordance with the prov isions of the Probation Act, sohowever that such probation order may be made notwi thstanding that t h e offender, wh o 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 subarticle (2)(a)(i) or subarticle (2)(b)(i):
Cap. 31.
Cap. 12.
Cap. 446.
Cap. 9. Cap. 446.
Cap. 446.
Provided that where, in respect of any offence mentioned in this subarticle, 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, the court may decide not to
apply the provisions of this subarticle:
Provided further that an offender may only benefit once from the provisions of the above proviso.
(10) Where, in the case of a person convicted of an offence referred to in subarticle (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 subarticle, which the person
convicted is to serve in prison) and the punishment of imprisonment which would, but for the provisions of this subarticle, 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 or der , rev o k e su ch or der an d shall direct th at the original
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 p
e rson to wh om th e order refers or b y t h e A tto rney Gen e ral , discharge such order if it is satisfied that the treatment
is no longer appropriate.
(14) For the purposes of subarticles (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 wh ich a p e rson h a s b een fo un d gu il ty con s ist s i
n an y of th e 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 Crim inal Co de shall apply mutatis mutandis.
Cap. 9.
22A. (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 subarticle (1)(f) of that article, or with the offence in subarticle (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 securi
ty be nefit s p a ya bl e t o th e ac cused, to allow him and his family a decent living in the amount, where the means permit, of
t h irteen thou sand and nin e h undred and seventy-six euro an d 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
Freezing of property of person accused.
Added by: VIII.1986.3.
Amended by: VI. 2000.3;
L.N. 409 of 2007; XXXI. 2007.36.
immediately it is made, and the Registrar of the Court 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 subarticles shall apply to
such order as so varied.
(4) Every such order shall contain the name and surname of the acc used, his profession, trade or othe r 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 subarticle (2)(b) the Registrar of the Court 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.
Penalty for contravening court order.
Added by: VIII. 1986.3.
Amended by: VI. 1994.12;
L.N. 409 of 2007;
XXXI. 2007.37.
Suspension Order.
Added by:
VI. 2000.4.
Cap. 31.
22B. 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 an d six hu ndred an d fo rty-six euro an d eig h ty- s even cents (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 o r other di sp osal o f an y immov a bl e p r operty made in contravention of the said court order shall be null and withou t effect at law.
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 com p etent authority in o r in connection with
the exerc i se of a ny art, trade, ca lling or other occupation and the
offence is c ommitted in a place licensed under this Ordinanc e, 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.
22C. (1) Where an order of forfeiture is made under of subarticle 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 pro c eed s fro m the co mm issi on of an y of fen c e under th is Ordinance
(whet h er or no t so adjudg ed by a court o f 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, First Hall.
(3) The applicant shall attach to the application all such docu men ts in sup port o f his cl aim as i t m ay be i n h
is p ower 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 Commissioner of Police without delay, and
the said Commissioner 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 prov isi ons of the Code of Or ganizatio n and Ci vil
Procedure relating to proceedings before the Civil Court, First Hall, shall apply in relation to any such application.
(8) Any judgment revoking the forfeiture of immovable property shall be deemed to transfer the title of such property
back from the Government to the party in favour of whom it is given, and such party may obtain the registration of such transfer
in the Public Registry.
Special court pro- ceedings.
Added by: VIII. 1986.3.
Amended by: VI.1994.13.
Cap. 12.
Reversion of property ceasing to be forfeited.
Added by: VIII. 1986.3.
Destruction of drugs after drawing up a procès-
verbal. Added by:
VIII.1986.4. Amended by: VI.1994.14.
of its forfeiture.
22, the drug in respect of whi c h a p e rson 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 pictu r es, as sh al l b e ind i cat e d by th e co urt, of
the d r ug in its containers, wrappings, packages or receptacles, and sh all 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 subarticle (2) shall not apply where the drug has already been photogra phed 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 necessa ry to have the dru g ph ot og raph ed an d
an aly sed 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.
Definition of the expression "corresponding law".
Substituted by: VI.1994.15.
Power of arrest. 24. Any Police officer may arrest without warrant any person wh o has com mit ted, or attempte d to comm it, or is reasonably suspected by the officer of ha vin g co mm itt ed o r at tem p ted to commit, an offence against this Ordinance, if he has reasonable ground for believing that that person will abscond unless arrested, or if the nam e and address of th at person are unknown to and
cannot be ascertained by him.
24A. (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 subarticle, 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
pla ce, makes any disclosure l i k e ly to p r ej ud ice th e sai d 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 subarticle, 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
Additional powers of investigation. Added by:
VI. 1994.16. Amended by:
XVI. 1996.3; VI. 2000.5;
L.N. 409 of 2007;
XXXI. 2007.38.
Cap. 9. Cap.12.
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 subarticle (1) relates consists of information contained in a computer, the
inv estigation order shall have effect as an order to pro duce 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 subarticle (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 m a terial, 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 subarticle (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 b een
so m a d e or a ppl ied for, m a kes any di sclo sure l i kel y to prejudice the effectiveness of the said order or any investigation
connected with it shall be guilty of an of fence and shall, on co nvi ct ion , be li ab le to a fin e ( mul t a ) not exc eeding 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 subarticle, 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
or de r th e cou r t m a y r e qu ir e t o hea r th e At to r n ey G e n e r a l in chambers and shall not make such order -
(a) unless it concurs with the Attorney General that there is reasonable cause as provided in subarticle (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 subarticle (3)(a).
(8) The provisions of article 381(1)(a), (b) and (e) and of article 382(1) of the Code of O rg a nization 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 not below the
rank of inspector.
(10) Any person who acts in contravention of an attachment order shall b e gu ilt y of an offenc e and shal l, o n co nvi
cti on, b e liabl e to a fin e ( m u lta ) 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 subarticle (6)(a) or in the transfer or disposa l by the s u spect of any movea b le or immoveable property in contravention of subarticle (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 subarticle (9), cease to be operative on the expiration of thirty days from the date
on which it is made; and the court shall not make another attachment or d e r wi th r e sp ect to th at susp ect un less it is satisf
i ed t h at su bst a nt iall y new i n fo rmat io n wi th reg a r d s to an y o f th e acts mentioned in subarticle (1)(a) to (e) is available:
Provided that the said period of thirty days shall be held in abeyance for such time as the suspect is away from these Islands
Cap. 12.
Cap. 9.
Powers of investigation in connection with offences cognizable by courts outside Malta.
Added by: XVI.1996.4.
Amended by: II. 1998.8;
XXXI. 2007.39.
and th e Attorney General inform s of this fact the garnishee by notice in writing served in the manner provided for in subarticle
(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 in form ation 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 subarticle (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.
24B. (1) Where the Attorney General receives a request made by a judicial or prosecuting authority of any place outside Malta for inve
s t igations 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.
Freezing of property of person accused with offences cognizable by Courts outside Malta.
Added by: XVI. 1996.4.
Amended by: XXXI. 2007.40.
24C. (1) Where the Attorney General receives a request made by a judicial or prosecuting authority of any place outside Malta for t h
e temp orary sei z ure of all or any of the m oneys or pro p erty, m o v a ble or im mo vabl e, of a p e rson (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 omi s sio n wh ich i f com m i tted in t h ese 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 2 2 A(4) and may also con t ain any other particulars, including the passport number, of the accused as may
be useful to identify the accused.
(4) Subject to the provisions of subarticle (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 m onths 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 subarticle (1) in the proceedings referred to in the same
subarticle 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 subarticle
(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 subarticle (1) by virtue of which the
accused has not been found guilty of any offence as is referred to in the same
subarticle.
(6) Article 22B shall also apply to any person who acts in contravention of a freezing order under this article.
Enforcement of confiscation orders made by courts outside Malta following conviction for offences
cognizable by those courts. Added by: XVI. 1996.4. Amended by:
XXXI. 2007.41.
(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 First Hall of the Civil Court 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 co nfi scatio n ord er shall hav e t he effec t o f
forfe iti ng 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 tran sferrin g t h at im mo vabl e property or th at t itl
e to th e Government of Malta and for the purposes of article 239 of the Code of Orga nization and Civil Procedure the Attorney General shall be considered as the interested par t y that may obt ain 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 requirem ent to pay a sum of m oney, 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 ref e rr ed t o i n su bart icle (2 ) t h e A tto rn ey G e neral
m a y, f o r th e purpose of securing any or all of the property which the foreign confiscation order purports to confiscate or
forfeit, apply to the Ci vi l Co u r t, Fi rst Hall , f o r t h e issu e o f al l or an y of t h e precautionary acts
refe rred to in article 830 of the Co de of Organization and Civil Procedure:
Provided that the aforesaid article 830(2) and article
836(1)(c), (d) and (e) and of the C ode 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 prov isi ons of the Code of Or ganizatio n and Ci vil 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:
"confi s catio n o r der" inclu d es any ju dgement, d e cisio n , declaration, or other order made by a court whether of
criminal or civ il juri sdicti on prov idi ng or purp o rt ing to pro v id e 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);
Cap. 12.
Cap. 12.
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 a ny economic a dva ntage and any property deriv e d from or obtained, direct ly or ind i rectl y, th rough
the commission of a relevant offence and includes any income or other benefits derived from such property;
"property" means assets of every kind, wh ether corpor eal 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).
Meaning of importation and exportation under licence.
Burden of proof. Amended by: VI.1994.17.
(2) When the offence charged is that of possession of, or of sell ing or deali ng in, a d r ug con t rary t o t h e pro v isio ns of this Ordinance it shall not be a defence to such charge for the accused t o p r ov e th at he b e l i e v e d t h at he w a s i n p o sse ssi on of, or wa s 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.
Detention during inquiry.
Added by: VIII. 1986.5.
Amended by: VIII. 1990.3; VI.1994.18.
Cap. 9.
27. Notwithstanding the provisions of the Criminal Code, and saving the extensions by the President of Malta of the term of the inquiry as p r o v ided i n article 40 1(1) of that Code,
wh ere th e 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 twenty 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 twenty days or such earlier date as aforesaid, the court
may grant temporary release from cu stody 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 twenty days from the arraignment.
(2) Where however the prosecution informs the competent cour t that the pe cuni ary penalty has no t been recovered by the Government as provided for in the preceding suba rticle, s u c h 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 in to imprison ment , without the benefit of time for payment, in accordance with the provisions of the Criminal Code.
Pecuniary penalty recoverable as a civil debt.
Added by: VIII. 1986.5.
Cap. 9.
*30. 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.
30A. 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 char ged
wit h an of fence again s t t h e 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.
Diminution of punishment. Added by: VIII. 1986.5.
Evidence by accomplice. Added by: VIII. 1986.5. Cap. 9.
Statement may be admitted as evidence.
Added by: VI.1994.19.
Cap. 9.
*See article 7 of Act VIII of 1986.
and purchase. Added by: VI.1994.19. Amended by: II. 1998.8;
VI. 2000.6.
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, with the knowledge and under the supervision of the Executive Police and, where appro p riate, of the Cu stom
s Au thorities 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 consignm ent of mon e
y, property or proceeds as referred to in article 22(1C)(a) from any person or place.
Persons transferred to Malta from abroad for the purposes of giving evidence or assisting in an investigation, etc. Added by: XVI.1996.5.
(2) The provisions of subarticle (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.
Co-operation in the suppression of relevant offences at sea.
Added by: XVI. 1996.5. Amended by: XVI. 2006.29; XXIV. 2007.7.
en gaged i n th e commi ssio n of a r e l e vant o ff e n c e th e A t t o rn ey General may, with the concurrence of the Prime Minister,
authorise the ta king of the said measur es by the a f oresaid c o mpetent 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 subarticle (1), subject to the conditions as may have been agreed upon as provided in the same subarticle, 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
"ap p ropriate m e asures" wi th reg a rd to a vessel i n clude t h e 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.
30E. (1) In virtue of this article and for the purposes of the Ratification of Tr eaties Act , th e Go vernm e n t i s au th orised 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 regu lat i on s gen e rall y for i m p l em enti ng the provi
sion s of th e 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
European Agreement on Illicit Traffic by Sea.
Added by: VI. 2000.7.
Cap. 304.
Cap. 31.
Direction for trial by the Court of Magistrates as a court of criminal judicature.
Added by: VIII.1986.5
Amended by: VIII. 1990.3; III. 2002.162.
Offences cognizable by the Court of Magistrates as a court of criminal judicature.
Added by: VIII. 1986.5. Amended by: VIII. 1990.3. Cap. 9.
Right of appeal. Added by: VIII.1986.6. Amended by: VIII.1990.3. Cap. 9.
Amendment of Schedules. Added by:
II. 1998.8.
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 o f in dictment 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 cr iminal judicatur e shall become competent to try that p e rson as if n o prev io us di rec t i o n h a d bee n gi ven . Wh ere t h e Attorney General has given such new direction after the filing of t he b il l o f ind ict men t, t he r egi st rar o f the Cr im inal Co ur t sh all 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.
32. Notwithstanding the provisions of article 370 of the Criminal Code and without prejudice to the provisions of article 31, the Court of Magi strates shall be competent to try all offences against this
Ordinance as direct ed by t h e Atto rney General in accordance with the provisions of article 22(2).
33. Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of C r i m i n al A p p eal from a ny ju dg men t gi ven b
y t h e Co urt o f Magistrates in respect of criminal proceedings arising out of the provisions of this Ordinance.
*See article 7 of Act VIII of 1986.
FIRST SCHEDULE
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
ACETYLMETHADOL
ACETYLALPHAMETHYL FENTANYL ALFENTANIL
ALLYLPRODINE
ALPHACETYLMETHADOL ALPHAMEPRODINE
ALPHAMETHADOL
ALPHAMETHYL FENTANYL
ALPHAMETHYL THIOFENTANYL ALPHAPRODINE
ANILERIDINE
BENZETHIDINE
BENZYLMORPHINE
BETACETYLMETHADOL
BETA-HYDROXYFENTANYL
BETA-HYDROXY-3-METHYLFENTANYL BETAMEPRODINE
BETAMETHADOL BETAPRODINE
BEZITRAMIDE
CANNABIS (Indian Hemp) - any extract or tincture thereof
CLONITAZENE COCAINE
CODOXIME
Concentrate of poppy straw (the material arising when poppy st raw ha s en t e re d in to a p r oces s f o r th e c o n cen tr at
io n of it s alkaloid when such material is made available in trade)
DESOMORPHINE
DEXTROMORAMIDE DIAMPROMIDE
DIETHYLTHIAMBUTENE DIFENOXIN
Added by: XXIII.1980.9. Amended by. L.N. 32 of 1984; L.N. 58 of 1988; L.N. 49 of 1990; L.N. 93 of 1990;
L.N. 148 of 2000; L.N. 373 of 2007;
L.N. 331 of 2009.
DIHYDROMORPHINE DIMENOXADOL
DIMEPHEPTANOL
DIMETHYLTHIAMBUTENE DIOXAPHETYL BUTYRATE DIPHENOXYLATE
DIPIPANONE DROTEBANOL
ECGONINE, its esters and derivatives which are convertible to ecgonine and cocaine
ETHYLMETHYLTHIAMBUTENE ETONITAZENE
ETORPHINE
ETOXERIDINE FENTANYL
FURETHIDINE HEROIN
HYDROCODONE
HYDROMORPHINOL HYDROMORPHONE HYDROXYPETHIDINE ISOMETHADONE KETOBEMIDONE
LEVOMETHORPHAN* LEVOMORAMIDE
LEVOPHENACYLMORPHAN LEVORPHANOL*
MEDICINAL OPIUM METAZOCINE
METHADONE
METHADONE - INTERMEDIATE METHYLDESORPHINE
METHYLDIHYDROMORPHINE
METHYLFENTANYL (CIS and TRANS ISOMERS)
METHYLPHENYLPIPERIDOL PROPRIONATE (MPPP) METOPON
MORAMIDE - INTERMEDIATE
MORPHERIDINE MORPHINE
MORPHINE METHOBROMIDE and other pentavelent nitrogen morp hine d e r i vativ es, i n clud ing in particul ar the mo rph i ne- Noxide
derivatives, one of which is Codeine-N-Oxide
MORPHINE-N-OXIDE MYROPHINE
NICOMORPHINE
NORACYMETHADOL NORLEVORPHANOL NORMETHADONE
NORMORPHINE NORPIPANONE
ORIPAVINE (3-O-demethylthebaine or 6,7,8,14-tetradehydro-
4,5-alpha-epoxy-6-methoxy-17-methylmorphinan-3-ol)
OXYCODONE
OXYMORPHONE
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
RACEMETHORPHAN RACEMORAMIDE
RACEMORPHAN REMIFENTANIL SUFENTANIL
TA PENTADOL , (3-[ (1R,2R)- 3- (d im ethylam ino) -1-et h yl -2- methylpropyl]phenol
THEBACON THEBAINE
TILIDINE
TRIMEPERIDINE
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 sal t s o f th e dr ug s li st ed in th is Par t o f th e Sched u l e, including the salts of esters, ethers and isomers as provided
above whenever the existence of such salts is possible.
*DEXTROMETHROPHAN and DEXTRORPHAN ar e 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 sal t s o f th e dr ug s li st ed in th is Par t o f th e Sched u l e, including the salts of the isomers as provided above whenever
the existence of such salts is possible.
Exemptions
PART III
ACETYLDIHYDROCODEINE
CODEINE
DIHYDROCODEINE ETHYLMORPHINE NICOCODINE
NICODICODINE
NORCODEINE, and
PHOLCODINE
w h en compou nded wi th o n e or more o t her ing r ed ien t s an d containing not more than 100 milligrammes of the drug per dosage
uni t an d w ith a co ncentrati on of not m o re th an 2 . 5 per cent in undivided preparations.
3. Preparations for oral use containing not more than 135 milligrams of dextropropoxyphene base per dosage unit or with a concentration of n o t mo re t h an 2.5 per cent in u ndiv i ded preparations, provided that such preparations do not contain any substance contained in th e Th ir d Sch e du le t o th e M e dical a n d Kindred Professions Ordinance.
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.
Cap. 31.
Amended by: XVI.1960.3; XXIII. 1980.10. Substituted by: VI.1994.20.
SECOND SCHEDULE 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 †
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 t h e consignm ent proposed to be imported is required -
(1) §for legitimate purposes (in the case of raw opium or 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.
*Insert name, address and business of importer.
†Insert exact description and amount of drugs to be imported.
‡Insert name and address of firm in exporting country from which the drug is to be
obtained.
§Strike out words not applicable.
FORM B (Article 13 (1))
DANGEROUS DRUGS ORDINANCE (Chapter 101)
File No................................
Applicant’s
Reference No ....................
Substituted by: VI. 1994.20.
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. (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:
3. This authorization does not relieve the exporter from compliance with any customs r egulations in force for the tim e 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 reg u lat i o n s for t h e tim e b e in g in fo rce, nor fro m any rule s or regulations respecting the transmission of articles by post which may f o r the tim e being be in for c e, whether within Malta or elsewhere.
* Strike out words not applicable.
legibly stated the number of the parcel in which the duplicate copy is to be found. [See footnote (2).]
(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...........................
Note:
...................................... (Signature and stamp of the
Chief Government Medical Officer).
(1) If any alteration is desired in this authorization it must be ret u rned wit h a request for am endment and a stateme n t 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.
*Strike out words not applicable.
Authorization No .................
File No ................. IMPORT AUTHORIZATION
In pursuance of the Dangerous Drugs Ordinance (Chapter 101) (he r einafter ca lle d " t he Ordi nance"), 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:
(Date) .............................
............................................ (Signature and stamp of the
Chief Government Medical Officer.)
*Insert name and full postal address of importer.
†Insert name and full postal address of exporter.
SCHEDULE specifying the drugs and qu anti ties thereof to b e 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 ba ck a nd re turn the author iz ation to the Chie f Gove
rn ment Medical Officer.
ENDORSEMENT BY COMPTROLLER OF CUSTOMS
at the time of Importation
Date | Description of drugs imported | Number and date of Export Authorization | Quantity | How imported | Customs entry or Parcel No. | Signature and stamp of 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 dr ugs to which it relates have been imported, must be returned by the Comptroller of Customs to the Chief Government Medical Officer.
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 Comptro ller of Customs fort hwit h; and i n any case shal l 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.)
Substituted by: VI. 1994.20.
FORM E (Article 18(1))
DANGEROUS DRUGS ORDINANCE (CHAPTER 101)
DIVERSION CERTIFICATE
I, hereby certi fy that I have au thorized the div e rsion 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 wit h in the perio d speci f ied abov e, t h is certificate
shall 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)......................
________________ Note:
................................................... (Signature and stamp of the Chief Government Medical Officer)
(1) If any alteration is desired in this authorization, it must be return ed with a request for amendment and a statement o f
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, wh eth e r i t is tr an shi p p e d o r no t. Fail ur e to c o m p l y w i t h th e condition may lead to delay or confiscation
of the consignment.
Added by: VI. 1994.21. Amended by:
L.N. 278 of 2003; L.N. 1 of 2004.
CATEGORY I
THIRD SCHEDULE (Article 22(ID))
Substance | CN designation (if different) | CN code | CAS No (1) |
1-Phenyl-2-propanone | Phenylacetone | 2914 31 00 | 103-79-7 |
N-acetylanthranilic acid Isosafrol (cis + trans) | 2-Aceta m idobenzoic acid | 2924 23 00 2932 91 00 | 89-52-1 120-58-1 |
3,4-methylenedioxyphenl- propan-2-one | 1-(1,3-Benzo dioxol- 5-yl)propan-2-one | 2932 92 00 | 4676-39-5 |
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 Ergometrine | Ex 2939 49 00 2939 61 00 | 14838-15-4 60-79-7 | |
Ergotamine Lysergic acid | 2939 62 00 2939 63 00 | 113-15-5 82-58-6 |
The ste reo iso m er ic f or m s o f th e sub stan ces li sted i n t hi s Ca teg or y n ot b ein g 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 (if different) | CN code | CAS No (1) |
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 (if different) | CN code | CAS No (1) |
Hydrochloric acid | Hydrogen chloride | 2806 10 00 | 7647-01-0 |
Sulphuric acid Toluene | 2807 00 10 2902 30 00 | 7664-93-9 108-88-3 |
Ethyl ether Acetone | Diethyl ether | 2909 11 00 2914 11 00 | 60-29-7 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.
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.
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