MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            1
CHAPTER  31
MEDICAL AND KINDRED PROFESSIONS ORDINANCE 
To amend and consolidate the law with respect to the practice of the medical and kindred
professions.
1st August, 1901
ORDINANCE XVII of 1901 as amended by Ordinances: V of 1906, VIII of 1921; Act V of
1926; Ordinances: XXIII of 1931, XII of 1932, XII of 1934, VIII of 1936, I and XXVII of 1937,XV , XXX and XLII of 1939, XIII of 1942, I and V of 1944, XLII of 1946; Acts: V and XLVII of1948, IX of 1949, VIII of 1953, VII of 1955, XXII and XXIV of 1957; Emergency Ordinances:XV of 1958, II of 1959; Ordinances: III of 1959, XXVII and XXX of 1961, XXV of 1962; Act IIIof 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: V , XI, XXVIII of 1967, XXII of 1968, X,XIV , XXVI of 1969, XXX of 1970, XXXVII of 1972, XVIII of 1973, LVIII of 1974, XXI, XLIX,LVI of 1975; Legal Notice 148 of 1975; Acts: XX, XXII of I976, XVII, XX of 1977, 
XLIX of
1981 , IX,  XVI of 1982 , XIII,  XVI of 1983 , V of 1985 , XVII of 1986 ; Legal Notice 34 of 1986 ;
Acts: XIX of 1987 , VIII of 1990 ; Legal Notices 48 of 1990 , 31 of 1997 ; Act II of 1998 ; Legal
Notice 79 of 1998 ; Acts VI of 2000 , VI of 2001 ; Legal Notice 285 of 2001 ; Act XXIII of 2001 ;
Legal Notices 38, 209, 222 of 2002 ; Act III of 2002 ; Legal Notices 212, 374 of 2003 ; Acts III,
XII of 2003 ; Legal Notices 135, 260 of 2006 ; Act XVI of 2006 ; Legal Notices 127, 404 of
2007 ; Acts XXIV , XXXI of 2007 ; Legal Notices 407 of 2007 , 174, 423 of 2010 , 149, 412, 426 of
2012 , 362, 364, 404 of 2013 ; Acts XXIV of 2014 , VIII of 2015 ; and Legal Notice 48 of 2016 ,
357, 358 of 2017 ,  231 of 2018  , 268 of 2018 and 190 of 2019  and Act  XV of 2018  and V of
2019
ARRANGEMENT OF ORDINANCE
           Articles
Title and Interpretation                                    1-2  
Part I. Practice of Medical and Kindred Professions                3-4 
Part II. Medical Practitioners                                               5-12 
Part III.   ( deleted by XXIII.2001 .62.)                   
Part IV .   Apothecaries and Pharmacy Technicians                  18-49 
Part V .    Midwives                                                             50-64 
Part VI.   Dental Surgeons and Dentists                                 65-71 
Part VII.   Registered and Enrolled Nurses                             72-80 
Part VIII.   Hospital Attendants                                               81-83 
Part IX.    Professions Supplementary to Medicine                84-87A 
Part X.     Trades akin to the Sanitary Professions             88-104 
Part XI.   Offences and Penalties                                      105-123A
Part XII. Registers                                                        124
            SCHEDULES 
First Schedule 
             Second Schedule 
Third Schedule
 2       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Short title. l. The short title of this Ordinance is Medical and Kindred
Professions Ordinance.
Interpretation.
Added by: 
II. 1959. 30.
Amended by:
XXII.1968.37;XIV .1969.19;XVIII.1973.18;
XLIX.1981 .6; 
XVI. 1983 .26;
II. 1998 .2.2.Repealed by: XII. 2003 .52.
PART I
PRACTICE OF MEDICAL AND KINDRED PROFESSIONS
Professions subject 
to supervision.
Amended by:
VIII. 1921.2; V . 1926.2; XII. 1932.2;XXII. 1957.2;XV . 1958;II. 1959.2; XXV . 1962; L.N. 4 of 1963;L.N. 46 of 1965;XXII. 1968.2;XVIII. 1973.2;
XVI. 1983 .2,3;
XXIII. 2001 .62.3. Repealed by: XII. 2003 .52.
Trades subject to 
sanitary supervisions.4. Repealed by: XII. 2003 .52.
Amended by: 
VIII. 1921.3.PART II
MEDICAL PRACTITIONERS
Licence to practise medical profession.
Amended by:
VIII. 1921.4;XII. 1932.3;II. 1959.3.Substituted by:XVII. 1977.2.
Amended by: 
XX. 1977.2; 
XVI. 1983 .4;
V. 1985 .2;
XIX. 1987 .2.5. Repealed by: XII. 2003 .52.
Medical Register.
Amended by: 
VIII. 1921.5;XXIII. 1931.2;XXVII. 1937.2;VIII. 1953.2;II. 1959.4;XXVIII. 1967.2; L.N. 148 of 1975.Substituted by:XVII. 1977.2.
Amended by:
V. 1985 .3; 
XIX. 1987 .3.6. Repealed by: XII. 2003 .52.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            3
Duties of licensed 
medical practitioners.
Amended by:
VIII. 1921.6;XXII. 1957.3;XXII. 1968.3;
XVI. 1983 .6; 
XIX. 1987 .4;
II. 1998 .3.7. Repealed by: XII. 2003 .52.
Medical 
practitioner not to practise pharmacy.
Amended by:
V . 1906.1; XXVII. 1937.3; II. 1959.6.8. Repealed by: XII. 2003 .52.
Medical 
practitioners not to have any interest in 
any dispensary.
Amended by:
VIII. 1921.7.9. Repealed by: XII. 2003 .52.
Medical 
practitioners not to have any interest in any optician’s business.
Added by:
XXVII. 1961.3.10. Repealed by: XII. 2003 .52.
Persons authorized 
to give prescriptions.
Amended by: 
VIII. 1921.8;XII. 1932.4; XLVII. 1948.2;
XXIII. 2001 .62.11. Repealed by: XII. 2003 .52.
Form of 
prescription. 
Amended by:
VIII. 1921.9;XIII. 1942.2;XLVII. 1948.3; V . 1967.2; 
XVII. 1986 .2.12. Repealed by: XII. 2003 .52.
PART III
 VETERINARY SURGEONS
Practice of 
veterinary surgery.Substituted by:II. 1959.7.
Amended by: 
L.N. 46 of 1965;LVIII. 1974.68.13. (deleted by XXIII. 2001 .62.)
Qualifications 
for obtaining licence. 
Amended by:
VIII. 1921.10;II. 1959.8; XI. 1967.2;L.N. 148 of 1975.14. (deleted by XXIII. 2001 .62.)
 4       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Veterinary 
Surgeons’ Register.
Added by: 
II. 1959.9.
Amended by: 
L.N. 46 of 1965;LVIII. 1974.68;L.N. 148 of 1975.15. (deleted by XXIII. 2001 .62.)
Veterinary surgeon 
not to practise pharmacy. 
Added by:
VIII. 1921.11.16. (deleted by XXIII. 2001 .62.)
Applicability of 
article 7. 
Amended by: 
VIII. 1921.12.Substituted by: 
XLIX.1981 .6.17. (deleted by XXIII. 2001 .62.)
PART IV
Amended by: 
VIII. 1921.34; 
XVI. 1983 .2.APOTHECARIES AND PHARMACY TECHNICIANS
Licence to practise 
as apothecary and pharmacy technician.Substituted by:II. 1959.10.
Amended by: 
L.N. 46 of 1965;LVIII. 1974.68;
XVI. 1983 .2.18. Repealed by: XII. 2003 .52.
Qualifications for 
licence to practise as apothecary.
Amended by:
VIII. 1921.13;VII. 1955.2;II. 1959.8; L.N. 46 of 1965;XXII. 1968.4;LVIII. 1974.68;L.N. 148 of 1975;
XLIX.1981 .6.19. Repealed by: XII. 2003 .52.
Apothecaries’ 
Register. 
Added by:
II. 1959.11.
Amended by: 
L.N. 46 of 1965;
XXII. 1968.5;
LVIII. 1974.68;L.N. 148 of 1975;
XVI. 1983 .2.20. Repealed by: XII. 2003 .52.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            5
Qualifications for 
licence to practise as pharmacy technician.
Amended by:
VIII. 1921.14.Substituted by: V . 1944.2.
Amended by:
XLVII. 1948.4;II. 1959.12;XI. 1967.3;XXII. 1968.6;XXXVII. 1972.2;
XLIX.1981 .6;
IX. 1982 .2;
XVI. 1983 .2,7;
V. 1985 .4.21. Repealed by: XII. 2003 .52.
Licence to open a 
dispensary.
Amended by: 
VIII. 1921.15.Substituted by:
XVI. 1983 .8.22. Repealed by: III. 2003 .108.
Dispensary to be 
managed by licensed apothecary.
Amended by:
VIII. 1921.16;XXVII. 1937.4; II. 1959.12;XXII. 1968.7; 
V. 1985 .5.23. Repealed by: III. 2003 .108.
Employment of 
pharmacy technician. 
Added by:
XLIX. 1975.2.
Amended by:
XX. 1976.2.24. Repealed by: III. 2003 .108.
Duties of 
apothecary.
Amended by: 
VIII. 1921.17.Substituted by:XXII. 1968.8.25.  Repealed by: III. 2003 .108.
Apothecary not to 
carry on business of dispensary on behalf of medical practitioner, etc.
Amended by: 
VIII. 1921.18;
XXVII. 1937.5;
XXIII. 2001 .62.26. Repealed by: III. 2003 .108.
Owner of 
dispensary may employ one or more apothecaries.
Amended by: 
VIII. 1921.19;XXI. 1975.3.27. Repealed by: III. 2003 .108.
Where managing 
apothecary is ill or absent. 
Amended by: 
XX. 1976.3.28. Repealed by: III. 2003 .108.
 6       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Duty of apothecary 
to render his services in urgent cases. 
Amended by: 
XLII. 1939.2.29. Repealed by: III. 2003 .108.
Apothecary cannot 
refuse to sell medicinal substances on prescription.
Amended by:
VIII. 1921.20;XIII. 1942.2.30. Repealed by: III. 2003 .108.
Apothecary not to 
sell medical substances except on a medical prescription.
Amended by: 
VIII. 1921.21; 
XII. 1932.5; II. 1959.4;
XXIII. 2001 .62.31. Repealed by: III. 2003 .108.
Registering of 
prescriptions.
Amended by: 
VIII. 1921.22; XII. 1932.6; XIII. 1942.2;XLVII. 1948.5;
XXIII. 2001 .62.32. Repealed by: III. 2003 .108.
Apothecary not to 
keep noxious medical substances.
Amended by: 
VIII. 1921.23.Substituted by: XX. 1976.4.33. Repealed by: III. 2003 .108.
Premises to be kept 
thoroughly clean. 
Added by:
VIII. 1921.24.34. Repealed by: III. 2003 .108.
Apothecary to be 
guided by British Pharmacopoeia.
Amended by:
VIII. 1921.25;II. 1959.4;III. 1959.2; 
III. 1962.2; 
L.N. 4 of 1963.35. Repealed by: III. 2003 .108.
Poisonous 
substances.36. Repealed by: III. 2003 .108.
Substances which 
are deemed to be poisonous.
Amended by: 
VIII. 1921.26;II. 1959.4;L.N. 4 of 1963. 37. Repealed by: III. 2003 .108.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            7
Sale of poisonous 
substances.
Amended by: 
VIII. 1921.27; XIII. 1942.2,3;XXII. 1968.9.38. Repealed by: III. 2003 .108.
Where the medical 
substance is for external use.
Amended by:
VIII. 1921.28.Substituted by:XXII. 1968.10.39. Repealed by: III. 2003 .108.
Power of Minister 
to make regulations for controlling drugs or chemical products. 
Added by:
V . 1967.3.
Amended by:
XLIX. 1975.3.40. The Minister responsible for public health may, after
consulting the Council of Health, and so far as he may considernecessary or expedient for the protection of the public health,  make
regulations for controlling the manufacture, exportation,importation, possession, distribution and sale of such drugs orchemical products as may be deemed by him to require such contr ol
in the public interest, and for preventing their improper use, and in
particular but without prejudice to the generality of the foreg oing
power for - 
(a) regulating the issue by the persons mentioned in article
31(1) of prescriptions containing any such drug orchemical product and the dispensing of any suchprescription;
(b) requiring persons engaged in the manufacture,
exportation, importation, sale, or distribution of any
such drug or chemical product to keep and produce forinspection such books and to furnish such informationas may be prescribed; and
(c) requiring and regulating the labelling and marking of
any such drug or chemical product and regulating anyadvertisement thereof.
Psychotropic 
drugs. 
Added by:
V. 1985 .6.
Amended by: 
XIX. 1987 .13. *40A.  (1) The Minister responsible for public health may, after
consulting the Council of Health, and so far as he may considernecessary or expedient for the protection of the public health,  make
regulations for controlling the manufacture, exportation,importation, possession, distribution and sale of psychotropic drugs
as may be deemed by him to require such control in the publicinterest, and for preventing their improper use, and in particu lar but
without prejudice to the generality of the foregoing powers for  -
(a) regulating the issue by the persons mentioned in article
31(1) of prescriptions containing any such drug orchemical product and the dispensing of any suchprescription;
(b) requiring persons engaged in the manufacture,
exportation, importation, sale or distribution of anysuch drug or chemical product to keep and produce forinspection such books and to furnish such informationas may be prescribed;
*See article 16 of Act V of 1985.
 8       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
(c) requiring and regulating the labelling and marking of
any such psychotropic drug and regulating anyadvertisement thereof.
(2) For the purpose of this article, the term "psychotropic drug "
means any drug or chemical listed in the Third Schedule to thisOrdinance.
(3) The Minister responsible for public health may, after
consulting the Council of Health, by regulation amend, add to,revoke or substitute the list of psychotropic drugs contained i n the
Third Schedule to this Ordinance.
Offences related to 
the plant Khat.
Added by:
XXIV . 2014 .76.40B. (1) Any person who -
(a) cultivates the plant Khat; or
(b) imports or brings into, or exports from, Malta the plant
Khat; or
(c) 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 Khat; or
(d) sells or otherwise deals in the whole or any portion of
the plant Khat; or
(e) with another one or more persons in Malta or outside
Malta conspires for the purposes of selling or dealingin the plant Khat in Malta against the provisions of thisarticle or who promotes, constitutes, organises orfinances the conspiracy, 
shall be guilty of an offence against this Ordinance:
Provided that the term "dealing" in this article shall have
the same meaning as that assigned to it by article 120A(1B).
(2) Every person charged with an offence against this article
shall be tried in the Criminal Court or before the Court ofMagistrates (Malta) or the Court of Magistrates (Gozo), as the
Attorney General may direct, and if he is found guilty shall, i n
respect of such offence, be liable -
(a) on conviction by the Criminal Court to a punishment
of imprisonment of not less for a term of not less thantwelve months but not exceeding ten years and to afine ( multa ) of not less than four hundred and sixty-
five euro and eighty seven cents (465.87) but notexceeding twenty three thousand and two hundred andninety-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) to imprisonment for aterm of not less than three months but not exceedingtwelve 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 threehundred and twenty-nine euro and thirty-seven cents(2,329.37) or to both such imprisonment and fine.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            9
Power of the 
Minister to amend the Fourth Schedule. 
Added by:
XXIV . 2014 .76.40C. The Minister responsible for Justice may, after consultation
with the Minister responsible for the Police and with the Attor ney
General, amend the Fourth Schedule to this Ordinance.
Inspections of 
dispensaries.Substituted by:XXII. 1968.11; 
Amended by:
XIV . 1969.19.41. Repealed by: III. 2003 .108.
Mode of inspection 
and drawing up of procès verbal .
Amended by: 
VIII. 1921.29.Substituted by:XXII. 1968.12.42. Repealed by: III. 2003 .108.
Seizure of noxious 
substances found 
on the premises.
Amended by: 
VIII. 1921.30.43. (1) If, in the course of an inspection, any substances kept
in the dispensary are found to be imperfect, deteriorated or
noxious, the inspecting officer shall forthwith seize such
substances, and the manager of such dispensary shall be calledupon by the Superintendent of Public Health to give an explanat ion.
(2) If such explanation is not satisfactory, the necessary
proceedings shall be instituted for an offence under article 33 .
Wrappers of 
articles seized to be sealed and signed. 
Amended by:
VIII. 1921.31;XXII. 1968.13.44. In the case mentioned in the last preceding article, the
wrappers or receptacles containing the substances so seized sha ll be
sealed with the seal and the signature of the apothecary or of the
person for the time being in charge of the dispensary:
Provided that if such apothecary or person refuses to affix
his seal or signature, the signature of the officer effecting t he
seizure shall be sufficient:
Right of 
apothecary.Provided also that if the apothecary or the person for the
time being in charge of the dispensary so requires, the inspect ing
officer shall divide each article so seized into two parts, sea led and
signed as aforesaid, and shall deliver one part to the apotheca ry or
the person for the time being in charge of the dispensary.
Copy of procès- 
verbal  of 
inspection to be forwarded to Superintendent of 
Public Health.
Amended by: 
VIII. 1921.32.45. A copy of the procès-verbal  of each inspection shall be
transmitted to the Superintendent of Public Health together wit h the
articles, if any, seized upon such inspection.
Document of 
identity.Substituted by:XXII. 1968.14.46. An authorised apothecary shall, if so required by the owner
or manager of the dispensary being inspected or by the person f or
the time being in charge thereof, produce a document signed by the
Minister responsible for public health attesting his authority to act
as such.
 10       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Superintendent of 
Public Health to make report of result of inspections.
Amended by: 
VIII. 1921.33; L.N. 4 of 1963.47. At the end of each year the Superintendent of Public Health
shall make to the Minister responsible for public health a repo rt of
the result of the inspections carried out in pursuance of theforegoing articles.
Opening of 
dispensaries on prohibited days.
Added by: 
XXIV . 1957.12.
Amended by: 
XXX. 1961.3.48. Repealed by: III. 2003 .108.
Name and address 
of apothecary to be affixed to door of dispensary.
Added by:
XXIV . 1957.12.49. It shall be the duty of the apothecary in charge of a
dispensary to keep affixed to the door of the dispensary, in su ch a
way as to be clearly visible from the street and at all times d uring
which the dispensary is closed, a notice showing the name andaddress of the apothecary in charge of that dispensary.
PART V
MIDWIVES
Practice of 
midwifery.Substituted by:II. 1959.13.
Amended by: 
L.N. 46 of 1965;LVIII. 1974.68. 50. Repealed by: XII. 2003 .52.
Qualifications.
Amended by:
VIII. 1921.35; XLII. 1946.2; II. 1959.12; L.N. 4 of 1963;XXX. 1970.2;XVIII. 1973.3;
XLIX.1981 .6;
XVI. 1983 .2.51. Repealed by: XII. 2003 .52.
Register of 
Midwives. 
Added by: 
II. 1959.14. 
Amended by:
XVIII. 1973.3. 52. Repealed by: XII. 2003 .52.
Midwives in actual 
practice before the 
commencement of Ordinance.53. Repealed by: XII. 2003 .52.
Duties of midwife.
Amended by:
VIII. 1921.36;XV . 1958; II. 1959.12;L.N. 4 of 1963;XVIII. 1973.3.54. Repealed by: XII. 2003 .52.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            11
When midwife 
must summon medical assistance.
Amended by:
XLIX.1981 .6.55. Repealed by: XII. 2003 .52.
Notification to 
District Medical Officer of patient’s condition.
Amended by:
XLIX.1981 .6.56. Repealed by: XII. 2003 .52.
Midwife not to use 
surgical instruments.57. Repealed by: XII. 2003 .52.
Cases of puerperal 
fever or other infections.
Amended by: 
VIII. 1921.37.58. Repealed by: XII. 2003 .52.
Where midwife is 
unable to attend 
personally.59. Repealed by: XII. 2003 .52.
Midwife to report 
to District Medical Officer cases of fever or inflammation.60. Repealed by: XII. 2003 .52.
Free supply of 
antiseptic preparations to midwife for attendance on paupers.61. Repealed by: XII. 2003 .52.
Midwife to give 
notice of birth.62. Repealed by: XII. 2003 .52.
Midwife to comply 
strictly with regulations.63. Repealed by: XII. 2003 .52.
Power of Minister 
responsible for public health to make regulations.
Amended by:
VIII. 1921.38; XV . 1958;II. 1959.12; XXV . 1962; L.N. 4 of 1963;XXX. 1970.3;
XVIII. 1973.3.64. Repealed by: XII. 2003 .52.
 12       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
PART VI
Amended by: 
VIII. 1921.39.DENTAL SURGEONS AND DENTISTS
Licence to practise dental surgery.Substituted by:II. 1959.15.
Amended by: 
L.N. 46 of 1965;LVIII. 1974.68.Substituted by:
XVI. 1983 .9.
Amended by: 
XIX. 1987 .5.65.  Repealed by: XII. 2003 .52.
Register of Dental 
Surgeons.
Amended by: 
VIII. 1921.41; XII. 1932.8;XXVII. 1937.6;II. 1959.4; 
L.N. 46 of 1965;
X. 1969.2;LVIII. 1974.68;L.N. 148 of 1975;
XLIX.1981 .6.
Substituted by:
XVI. 1983 .11.
Amended by:
XIX. 1987 .6.66. Repealed by: XII. 2003 .52.
Qualifications to 
be entered in Register of Dental Surgeons. 
Added by: 
XII. 1932.9.
Amended by:
XII. 1934.2.Substituted by:II. 1959.16.
Amended by: 
L.N. 46 of 1965;LVIII. 1974.68;L.N. 148 of 1975.Substituted by:
XVI. 1983 .12.67. Repealed by: XII. 2003 .52.
Assumption of title 
and user.
Added by:
XII. 1932.10.
Amended by: 
II. 1959.17.68. Repealed by: XII. 2003 .52.
Dentists not to 
make agreements 
with apothecaries 
for a share of the profits of a dispensary. 
Added by:
XXVII. 1937.7.
Amended by: 
XXX. 1939.2.69. Repealed by: XII. 2003 .52.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            13
Dentists not to 
practise pharmacy.
Added by:
XXVII. 1937.7.
Amended by: 
L.N. 46 of 1965; LVIII. 1974.68.70. Repealed by: XII. 2003 .52.
Vested rights of 
dentists practising before July, 1900.
Amended by: 
VIII. 1921.43.71. Repealed by: XII. 2003 .52.
Added by: 
VIII. 1936.2.PART VII 
Substituted by:XXII. 1968.15. REGISTERED AND ENROLLED NURSES
Register and roll of nurses. 
Added by: 
VIII. 1936.2. 
Amended by:
II. 1959.19; L.N. 4 of 1963.Substituted by:XXII. 1968.16.
Amended by:
XVIII. 1973.3.Substituted by:
XVI. 1983 .13.72. Repealed by: XII. 2003 .52.
Contents of 
register and roll.
Added by:
XXII. 1968.17.73. Repealed by: XII. 2003 .52.
Conditions for 
registration. 
Added by:
VIII. 1936.2.
Amended by:
I. 1937.2; V . 1948.2;II. 1959.20;XXII. 1968.18;XXVI. 1969.2;XVIII. 1973.4;
XLIX.1981 .6.74. Repealed by: XII. 2003 .52.
Conditions for 
enrolment. 
Added by:
XXII. 1968.19.
Amended by:
XVIII. 1973.3;
XIX. 1987 .7. 75.Repealed by: XII. 2003 .52.
Nurses registered 
or enrolled abroad.
Added by:
VIII. 1936.2.
Amended by:
I. 1937.3;II. 1959.12.Substituted by:XXII. 1968.20.
Amended by:
XVIII. 1973.3;XX. 1976.5; 
XVI. 1983 .14; 
V. 1985 .7.76. Repealed by: XII. 2003 .52.
 14       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Certificate of 
registration or enrolment. 
Added by: 
VIII. 1936.2. 
Amended by:
II. 1959.21.Substituted by:XXII. 1968.21.
Amended by:
XVIII. 1973.3.77. Repealed by: XII. 2003 .52.
Unlawful 
assumption of title of registered or enrolled nurse. 
Added by:
VIII. 1936.2.
Amended by: 
XXII. 1957.4.Substituted by:
XXII. 1968.22.
Amended by: 
XVI. 1983 .15.78. Repealed by: XII. 2003 .52.
Training schools 
for nurses. 
Added by: 
VIII. 1936.2.Substituted by:V . 1948.3. 
Amended by:
II. 1959.22.Substituted by:XXII. 1968.23.
Amended by:
XVIII. 1973.3.79. Repealed by: XII. 2003 .52.
Power of Minister 
responsible for public health to make regulations.
Added by: 
VIII. 1936.2.
Amended by: 
V . 1948.4; II. 1959.12,23; L.N. 4 of 1963;XVIII. 1973.3.80. Repealed by: XII. 2003 .52.
Added by: 
V . 1948.5.PART VIII
 HOSPITAL ATTENDANTS
Roll of hospital 
attendants. 
Added by: 
V . 1948.5.
Amended by: 
II. 1959.24; XVIII. 1973.3.81. Repealed by: XII. 2003 .52.
Conditions for 
enrolment. 
Added by:
V . 1948.5. 
Amended by: 
II. 1959.25;XVIII. 1973.3;
XLIX.1981 .6.82. Repealed by: XII. 2003 .52.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            15
Unlawful 
assumption of title of hospital attendant. 
Added by:
V .  1948.5.83. Repealed by: XII. 2003 .52.
Added by: 
IX. 1949.2.PART IX
Substituted by:XXII. 1957.5; 
XVI. 1983 .16.PROFESSIONS SUPPLEMENTARY TO MEDICINE
Register of medical 
auxiliaries. 
Added by: 
IX. 1949.2. 
Amended by: 
XXII. 1957.6;II. 1959.26;LVI. 1975.2; 
XVI. 1983 .17.84. Repealed by: XII. 2003 .52.
Conditions for 
registration. 
Added by:
IX. 1949.2.
Amended by: 
XXII. 1957.7: II. 1959.27;
XLIX.1981 .6: 
XVI. 1983 .2.85. Repealed by: XII. 2003 .52.
Certificate of 
registration. 
Added by:
IX. 1949.2.
Amended by:
XXII. 1957.8;II. 1959.28.Substituted by:LVI. 1975.3;
XVI. 1983 .18.86. Repealed by: XII. 2003 .52.
Unlawful exercise 
of profession supplementary to medicine. 
Added by:
IX. 1949.2.Substituted by:XXII. 1957.9; 
XVI. 1983 .18.87. Repealed by: XII. 2003 .52.
Persons registered 
in other countries. 
Added by:
V. 1985 .8. 
Amended by: 
XIX. 1987 .13.87A. Repealed by: XII. 2003 .52.
PART X
TRADES AKIN TO THE SANITARY PROFESSIONS
Definition of 
"poisons". 
Added by: 
VIII. 1921.47.Substituted by: XX. 1976.6.88. Repealed by: III. 2003 .108.
 16       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Sale of drugs.
Substituted by:V . 1967.4. 
Amended by: 
XXII. 1968.24;
XVI. 1983 .2.89. Repealed by: III. 2003 .108.
Secret remedies or 
specifics. 
Amended by: 
VIII. 1921.44;II. 1959.12; V . 1967.5; 
XVI. 1983 .19.90. No person shall sell or distribute - 
(a) any substance or preparation advertised as a secret
remedy or specific, which shall not have beenapproved by the Council of Health; or
(b) any substance or any preparation or mixture of
substances intended to be used as a drug or remedy oras a solvent, additive or colouring matter unless thebox, wrapper, bottle or other container in which it is to
be sold or distributed bears the name or designation ofthe substance or substances of which the preparationor mixture is compounded or composed, and, whereany substance is of a poisonous nature in terms ofarticle 88, unless the total or pro rata  amount of such
substance is stated on the said box, wrapper, bottle orother container; or
(c) any remedy falsely described on labels or in
advertisements as composed of ingredients which arenot really those which it contains, or as having anytherapeutical qualities or indications which are notrecognised by the Council of Health.
Advertisement of 
treatment, etc.
Added by:
V. 1985 .9.90A. (1) No person shall advertise or permit or suffer to be
advertised in any manner whatsoever, any medical or health serv ice
or treatment, not being a service provided by Government, or an y
other service or treatment which is or is described as being of  a
medical, therapeutic or curative value or effect, or in any oth er way
beneficial to health, without the approval of the Council of He alth.
(2) For the purposes of subarticle (1), "treatment" shall includ e
any form of advice relating to the treatment or cure of maladie s or
ailments, or any advice relating to health.
Article 90 to apply 
to apothecaries. 
Amended by: 
XXII. 1968.25;
XVI. 1983 .2;
V. 1985 .10.91. The provisions of article 90 shall apply also to apothecaries
and to pharmacy technicians, as the case may be.
Sale of poisons.
Amended by: 
VIII. 1921.45.92. Repealed by: III. 2003 .108.
Licence for sale of 
poisons. 
Amended by: 
VIII. 1921.46.93. Repealed by: III. 2003 .108.
Applicability of 
provisions relating to apothecaries and to persons who are not apothecaries.94. The provisions of articles 36 and 38 shall apply to any
person, not being an apothecary, who holds a licence under the last
preceding article.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            17
Power of 
inspection. 
Amended by: 
VIII. 1921.48.95. Repealed by: III. 2003 .108.
Laboratories of 
chemical products.96. (1) No person shall set up any laboratory of chemical
products used in medicine, or of galenic preparations, without a
licence from the Superintendent of Public Health.
(2) Such licence shall not be granted unless the Superintendent
is satisfied that the laboratory is managed by an apothecary or  by a
person holding a certificate of competency in chemistry.
(3) The Superintendent of Public Health shall have power to
direct any laboratory to be closed, if it ceases to be managed by an
apothecary or chemist as provided in subarticle (2). 
Certificate of 
competency to practise as chemist.
Amended by: 
VIII. 1921.49;II. 1959.12.XXII. 1968.26; L.N. 148 of 1975.97. The Pharmacy Board shall have power to grant a certificate
of competency to practise as a c hemist for the purposes of the last
preceding article to any applicant who satisfies the Board that  he or
she - 
(i) has attained majority,
(ii) has attended the course of chemistry at the
University of Malta or at another schoolrecognised by the University of Malta andpassed the relative examinations.
Private hospitals, 
etc. 
Amended by: 
VIII. 1921.50; II. 1959.12.Substituted by: XX. 1977.3.
Amended by: 
XIX. 1987 .8;
Amended by
XV .2018.3298. (1) No person shall use any premises as a hospital, clinic,
maternity home, medical diagnostic laboratory, X-ray department ,
or any other similar establishment or institution, by whatever name
called, unless there is in respect of such premises a valid lic ence for
the purpose issued by the Minister responsible for public healt h,
and no person may open or carry on any establishment orinstitution for any of the purposes aforesaid unless he is inpossession of a valid licence for the purpose issued by the sai d
Minister.
(2) No licence shall be granted or renewed under subarticle (1)
if the premises, equipment and facilities as well as the person nel,
whether medical or otherwise, are not such as to provide suchstandard of medical care or service as the Minister responsible  for
public health deems to be satisfactory, or as he may, by regula tions
made under this article, from time to time prescribe.
(3) The said Minister may, in granting or renewing any licence
under subarticle (1), impose any such condition as he may deem fit
and may restrict the services and the activities that may be pr ovided
or carried on in the licensed premises.
(4) Where any premises are used or any act is done in
contravention of any condition or restriction, contained in a l icence
granted or renewed under subarticle (1), any premises so used a nd
any act so done shall be deemed to have been used or done witho ut
the licence required by this article.
(5) Any licence granted under the provision of subarticle (1)
shall lapse on the 31st December of the year in which it is iss ued
but may be renewed by the said Minister from year to year. Anysuch licence shall also lapse if there is a declaration of guil t under
 18       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
article 119 in respect of any offence against this article whet her the
offence is committed by the person or in the premises licensedunder subarticle (1).
Imposition of 
conditions to licence. 
Added by: 
XX. 1976.7. 
Amended by:
XX. 1977.4; XV1. 1983.20.99. (1) The Superintendent of Public Health may, in granting a
licence under articles 22, 33, 89, 92 or 96, impose any suchcondition as he may deem fit.
(2) Any person duly licensed under any of the said articles 22,
33, 89, 92 or 96 who fails to comply with any condition imposed  by
the Superintendent of Public Health under subarticle (1) shall be
deemed to have acted without the necessary licence.
Medical 
practitioners in private hospitals and clinics and fees to be charged. 
Added by: 
XX. 1977.5.
Amended by: 
XIX. 1987 .9.100. (1) No licensee of any premises, establishment or
institution licensed under article 98(1) shall charge or make, or
allow to be charged or made, any fees or other charges, for anyservice or thing whatsoever, which is in excess of the fee or c harge
payable in respect thereof in accordance with such tariff as th e
Minister responsible for public health may, after consulting th e
Medical Council, from time to time establish.
(2) Every licensee of any premises, establishment or other
institution licensed under article 98(1) shall display, and kee p at all
times displayed, in a prominent place in the licensed premises and
which is easily accessible to the public, the tariff of fees an d
charges currently applicable in accordance with subarticle (1).
Enforcement of 
foregoing provisions. 
Added by:
XX. 1977.5. 
Amended by: 
XIX. 1987 .10.101.  Where any premises are used or any act is done in
contravention of any of the provisions of article 98, either be cause
the required licence or authority has not been issued or given,  or is
deemed not to have been issued or given, or has lapsed or has n ot
been renewed or has been withdrawn, it shall be the duty of theCommissioner of Police to ensure that the premises in question are
kept closed and that no further contraventions take place, and it
shall be lawful for him to take all appropriate steps for thatpurpose.
Poisoned grain, 
seed, etc.102.  It is prohibited to sow, cast, put or place, or cause to be
sown, cast, put or placed in or upon any land or other exposed place
any grain, seed, meal, or flesh which has been so dipped or ste eped
in poison, or has been so mixed with poison or other ingredient  or
preparation as to be rendered poisonous and calculated to destr oy
life.
Article 102 not to 
apply in certain cases.103. (1) The provisions of the last preceding article shall not
apply to any person who sells or offers or exposes for sale or makes
use of any ingredient or substance for preparing or protecting any
grain or seed for bona fide  use in agriculture only, or sows or
causes to be sown such grain or seed so prepared.
(2) Nor shall the said provisions apply to the occupier of any
dwelling house or other building or the owner of any rick or st ack
of wheat, barley, oats, beans, peas, clover, seeds or other cul tivated
vegetable produce who puts or places or causes to be put or pla ced
in any such house or building or in any garden or field attache d to
such house or building and enclosed by walls not less than thre e
metres and sixty-five centimetres in height, or in the privy of  any
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            19
such house or building, provided that such privy is so protecte d as
to prevent any dog from entering the same, or in any such rick or
stack, any poison or poisonous ingredient or preparation for th e
purpose of destroying rats, mice or small vermin or insects.
Administering 
drugs to domestic animals.104.  It shall not be lawful for any person, to administer or cause
to be administered any poisonous or noxious drug or substance t o
any horse, cattle or other domestic animal, whereof such person  is
not the owner, without an order from the owner.
PART XI
OFFENCES AND PENALTIES
Erasure from 
registers by Medical Council on grounds of conviction or infamous conduct. 
Added by: 
II. 1959.29. 
Amended by: 
XXII. 1968.27;XVIII. 1973.5;
XLIX.1981 .4;
XVI. 1983 .21: 
XIX. 1987 .11;
XXIII. 2001 .62.105. Repealed by: XII. 2003 .52.
Erasure by the 
Board for the Professions Supplementary to Medicine on grounds of conviction or infamous conduct. 
Added by:
II. 1959.29.
Amended by: 
XXII. 1968.28;XVIII. 1973.6;
XLIX.1981 .4; 
XVI. 1983 .22.106.  Repealed by: XII. 2003 .52.
Erasure by 
Pharmacy Board on grounds of conviction or infamous conduct. Added by: 
XXII. 1968.29.
Amended by:
XVIII. 1973.7;
XLIX.1981 .4; 
XVI. 1983 .2,23.107.  Repealed by: XII. 2003 .52.
 20       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Erasure by Nursing 
and Midwifery Board on grounds of conviction or infamous conduct. 
Added by: 
XVIII. 1973.8.
Amended by:
XLIX.1981 .4; 
XVI. 1983 .24.108.  Repealed by: XII. 2003 .52.
Saving of 
proceedings under other laws. 
Added by:
II. 1959.29.
Amended by:
XXII. 1968.30;XVIII. 1973.9;
XVI. 1983 .2.109.  Repealed by: XII. 2003 .52.
Erasure from 
register or roll on 
ground of infirmity. 
Added by: 
II. 1959.29.
Amended by: 
XXII. 1968.31;XVIII. 1973.10;
XVI. 1983 .2.110.  Repealed by: XII. 2003 .52.
Restoration of 
names to register.
Added by: 
II. 1959.29.
Amended by: 
XXII. 1968.32;XVIII. 1973.11;
XVI. 1983 .2.111.  Repealed by: XII. 2003 .52.
Fraudulent and 
incorrect registration. 
Added by: 
II. 1959.29.
Amended by:
XXII. 1968.33;XVIII. 1973. 12;
XVI. 1983 .2.112. Repealed by: XII. 2003 .52.
Notification of 
decision of Medical Council and appeal therefrom. 
Added by: 
II. l959.29. 
Amended by: 
L.N. 148 of 1975;
VI. 2001 .4.113. Repealed by: XII. 2003 .52.
Notification of 
decision of Pharmacy Board and appeal therefrom. 
Added by: 
XXII. 1968.34.114. Repealed by: XII. 2003 .52.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            21
Notification of 
decision of the Board for the Professions Supplementary to Medicine and appeal therefrom. 
Added by:
II. 1959.29.
Amended by: 
L.N. 46 of 1965;XVIII. 1973.13;LVIII. 1974.68.115. Repealed by: XII. 2003 .52.
Notification of 
decision of Nursing and Midwifery Board and appeal therefrom. 
Added by: 
XVIII. 1973.14. 
Amended by: 
XVI. 1983 .2.116. Repealed by: XII. 2003 .52.
Rules of 
procedure. 
Added by: 
II. 1959.29.
Amended by: 
L.N. 4 of 1963;XXII. 1968.35;XVIII. 1973.15;
XVI. 1983 .2.117.  Repealed by: XII. 2003 .52.
Summoning of 
witnesses. 
Added by: 
II. 1959.29.
Amended by: 
XXII. 1968.36;XVIII. 1973.16;L.N. 148 of 1975;
XVI. 1982 .2; 
XVI. 1983 .2.118. Repealed by: XII. 2003 .52.
Definitions.
Added by:
 V.2019. 3.118A.  (1) For the purposes of this Ordinance and all regulation
and rules thereunder:
(a) "drug" means any of the following: 
(i) a substance covered by the 1961 United Nations
Single Convention on Narcotic Drugs, asamended by the 1972 Protocol, or by the 1971
United Nations Convention on Psychotropic
Substances; 
(ii) any of the substances listed in the Annex to the
Council Framework Directive 2004/757/JHA;
(b) "new psychoactive substance" means a substance in
pure form or in a preparation that is not covered by the1961 United Nations Single Convention on NarcoticDrugs, as amended by the 1972 Protocol, or by the1971 United Nations Convention on PsychotropicSubstances which may pose health or social riskssimilar to those posed by the substances covered bythose Conventions; 
 22       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
(c) "preparation" means a mixture containing one or more
new psychoactive substances.
(2) All necessary actions required for the implementation of th e
Council Framework Decision 2004/757/JHA shall be implemented assoon as possible, but no later than six (6) months after the en try into
force by the act amending the Annex of the said Decision, and s hall
include a specific reference to the said Framework Decision.
Penalties for 
certain offences.
Added by: 
XX. 1976.9.
Amended by:
XX. 1977.6;
XIII. 1983 .5;
XVI. 1983 .2,25;
V. 1985 .11; 
XIX. 1987 .12;
L.N. 407 of 2007 .119. (1) Any person who commits an offence against any of
the provisions of article 7(1)( f), article 8, 9, 10, 16 or 24, article
26(a) or (b), article 27, 32 or 34, article 35(2), article 48(2) or (3)
or article 49, 62, 69, 70 or 100 shall be liable -
(a) on a first conviction, to a fine ( multa ) of not less than
twenty-three euro and twenty-nine cents (23.29) but not
exceeding two hundred and thirty-two euro and ninety-
four cents (232.94) , and,
(b) on a second or subsequent conviction, to a fine ( multa )
of not less than one hundred and sixteen euro and forty-
seven cents (116.47) but not exceeding one thousand
and one hundred and sixty-four euro and sixty-ninecents (1,164.69).
(2) Any person who commits an offence against any of the
provisions of article 7 [with the exception of sub-article (1)( f)],
article 13, 17, 18 (in so far as it refers to the unlawful prac tice as a
pharmacy technician), 22, 23 or 25, article 26 (c), article 28, 29, 30,
31 or 33, article 35(1), article 36, 38 or 39, article 54(1), o r article
55, 56, 57, 58, 60, 63, 68, 78, 8 3, 87, 90, 90A, 91, 94 or 104 shall
be liable -
(a) on a first conviction, to a fine ( multa ) of not less than
one hundred and sixteen euro and forty-seven cents
(116.47) but not exceeding four hundred and sixty-five
euro and eighty-seven cents (465.87), and
(b) on a second or subsequent conviction, to a fine ( multa )
of not less than one hundred and sixteen euro and forty-
seven cents (116.47) but not exceeding one thousand
and one hundred and sixty-four euro and sixty-nine
cents (1,164.69), or to imprisonment for a term not
exceeding three months, or to both such fine andimprisonment.
(3) Any person who commits an offence against any of the
provisions of article 5, article 11(1), article 18 (in so far a s it refers
to the unlawful practice as an apothecary), 50, 59, 65, 89, 92,  96,
98 or 102 shall be liable -
(a) on a first conviction, to a fine ( multa ) of not less than
one hundred and sixteen euro and forty-seven cents
(116.47) but not exceeding one thousand and onehundred and sixty-four euro and sixty-nine cents
(1,164.69), or to imprisonment for a term of not less
than one month but not exceeding three months, or toboth such fine and imprisonment, and
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            23
(b) on a second or subsequent conviction, to imprisonment
for a term of not less than two months but notexceeding six months, with or without the addition of afine ( multa ) of not less than one hundred and sixteen
euro and forty-seven cents (116.47) but not exceeding
one thousand and one hundred and sixty-four euro and
sixty-nine cents (1,164.69).
Offence under 
article 40. 
Added by: 
XLIX. 1975.5.
Amended by: 
XX. 1976.10; 
XIII. 1983 .5;
L.N. 407 of 2007 .120.  Any person who contravenes the provisions of any
regulations under article 40 shall be liable - 
(a) on the first conviction to a fine ( multa ) of not less than
one hundred and sixteen euro and forty-seven cents
(116.47)but not exceeding one thousand and onehundred and sixty-four euro and sixty-nine cents
(1,164.69), or to imprisonment for a term of not less
than one month but not exceeding three months, or toboth such fine and imprisonment, and
(b) to a fine ( multa ) of not less than two hundred and
thirty-two euro and ninety-four cents (232.94) but notexceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
Offences under 
article 40A. 
Added by: 
V. 1985 .12.
Amended by: 
XVII. 1986 .3; 
XIX. 1987 .13;
VIII. 1990 .3;
II. 1998 .4;
VI. 2000 .8;
III. 2002 .159;
XVI. 2006 .27;
L.N. 407 of 2007 ;
XXXI. 2007 .29;
XXIV . 2014 .77;
VIII. 2015 .40. *120A .  (1) Any person -
(a) who acts in contravention of, or fails to comply with
any provision of any regulation made under article40A; or
(b) who acts in contravention of, or fails to comply with
the conditions of any licence or permit or authoritygranted under the provisions of any regulation madeunder article 40A; or
(c) who for the purpose of obtaining, whether for himself
or for any other person, the issue, grant or renewal ofany such licence, permit or authority as aforesaid,makes any declaration, or statement which is false inany particular, or knowingly utters, produces or makesuse of any such declaration or statement or anydocument containing the same; or
(d) who in Malta aids, abets, counsels, or procures the
commission in any place outside Malta of any offencepunishable under the provisions of any correspondinglaw in force in that place, or who with another one ormore persons conspires in Malta for the purpose ofcommitting such an offence, does any act preparatoryto, or in furtherance of, any act which if committed inMalta would constitute an offence against any suchregulations; or
(e) being a citizen of Malta or a permanent resident in
Malta, who in any place outside Malta does any actwhich if committed in Malta would constitute an
*See article 16 of Act V of 1985.
 24       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
offence of selling or dealing in a drug against this
article or an offence under paragraph ( f); or
(f) who with another one or more persons in Malta or
outside Malta conspires for the purposes of selling ordealing in a drug in Malta against the provisions ofthis article or who promotes, constitutes, organises orfinances the conspiracy,
shall be guilty of an offence against this article.
Cap. 217. For the purposes of paragraph  (e) the expression "permanent
resident" means a person in favour of whom a permit of residenc e
has been issued in accordance with the provisions contained inarticle 7 of the 
Immigration Act.
(1A) The conspiracy referred to in subarticle (1)( d) and  (f) shall
subsist from the moment in which any mode of action whatsoeveris planned or agreed upon between such persons.
(1B) For the purposes of this article the word "dealing" (with i ts
grammatical variations and cognate e xpressions) with reference to
dealing in a drug, includes cultivation, importation in suchcircumstances that the Court is satisfied that such importation  was
not for the exclusive use of the offender, manufacture, exporta tion,
distribution, production, administration, supply, the offer to do any
of these acts, and the giving of information intended to lead t o the
purchase of such a drug contrary to the provisions of thisOrdinance:
Cap. 446.
Cap. 9.Provided that in the case of importation in such
circumstances that the Court is satisfied that such importation  was
for the exclusive use of the offender, the provisions of the
Probation Act and of article 21 of the Criminal Code shall not
apply.
(1C) A person shall also be guilty of an offence against this
Ordinance who manufactures, transports or distributes anyequipment or materials knowing that they are to be used in or f or
the production or manufacture of any drug contrary to theprovisions of this Ordinance and any such conduct as is prohibi ted
under this sub-article shall be deemed for the purposes of thisOrdinance as constituting an offence of selling or dealing in a  drug
against this Ordinance.
(1D) ( a) A person shall also be guilty of an offence against this
Ordinance who uses, transfers the possession of, sendsor delivers to any person or place, acquires, receives,keeps, transports, transmits, alters, disposes of orotherwise 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 withintent to conceal or convert that money or property orthose proceeds and knowing or suspecting that all or apart of that money or property, or of those proceeds,was obtained or received, directly or indirectly, as aresult of -
(i) the commission of any of the offences
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            25
mentioned in subarticles (1) and (1C); or
(ii) any act of commission or omission in any place
outside these Islands which if committed inthese Islands would constitute an offence undersubarticles (1) or (1C).
(b) In proceedings for an offence under paragraph ( a),
where the prosecution produces evidence that noreasonable explanation was given by the personcharged or accused showing that such money, propertyor proceeds was not money, property or proceedsdescribed in the said paragraph, the burden of showingthe lawful origin of such money, property or proceedsshall lie with the person charged or accused.
Cap. 101.(1E) A  person shall also be guilty of an offence against this
Ordinance who sells or otherwise deals in a substance mentioned  in
the Third Schedule to the Dangerous Drugs Ordinance knowing or
suspecting that the substance is to be used in or for the produ ction
of a drug listed under Part A of the Third Schedule contrary to  the
provisions of this Ordinance; and the definition of "dealing" i n sub-
article (1B) shall apply, mutatis  mutandis , to this subarticle.
(1F) Any person who lands in Malta and is in possession of a
drug against the provisions of this Ordinance shall be exempt f rom
any criminal liability if the conditions mentioned in subarticl e (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 outsideMalta;
(b) at the first opportunity after landing in Malta that
person surrenders the said drug to a Police officer or toa customs officer and declares that the same drug wasfor 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 toreasonably lead to the inference that the same drugwas destined for the exclusive personal use of thatperson.
(2) Every person charged with an offence against this
Ordinance shall be tried in the Criminal Court or before the Co urt
of Magistrates (Malta) or the Court of Magistrates (Gozo), as t he
Attorney General may direct, and if he is found guilty shall, i n
respect of each offence be liable -
(a) on conviction by the Criminal Court -
(i) where the offence consists in selling or dealing
in a drug listed under Part A of the ThirdSchedule contrary to the provisions of thisarticle, or in an offence under subarticle (1)( f),
or of the offence of possession of a drug,contrary to the provisions of this Ordinance,
 26       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
under such circumstances that the court is
satisfied that such possession was not for theexclusive use of the offender, or of the offencesmentioned in subarticles (1C) or (1D) or (1E), toimprisonment for life:
Provided that:(aa) where the Court is of the opinion that,
when it takes into account the age of theoffender, the previous conduct of theoffender, the quantity of the drug and thenature and quantity of the equipment ormaterials, if any, involved in the offenceand all other circumstances of the offence,the punishment of imprisonment for lifewould 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 fora term of not less than four years but notexceeding thirty years and to a fine ( multa ) of
not less than two thousand and three hundredand twenty-nine euro and thirty-seven cents(2,329.37) but not exceeding one hundred andsixteen 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 exceedingten 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-threeeuro 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 consists in selling or dealing
in a drug listed under Part A of the ThirdSchedule to this Ordinance contrary to theprovisions of this article, or in an offence undersubarticle (1)( f), or of the offence of possession
of a drug, contrary to the provisions of thisOrdinance, under such circumstances that thecourt is satisfied that such possession was notfor the exclusive use of the offender, or of theoffences mentioned in subarticles (1C) or (1D)or (1E), to imprisonment for a term of not lessthan six months but not exceeding ten years andto 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
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            27
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 exceedingtwelve months, or to a fine ( multa ) of not less
than four hundred and sixty-five euro andeighty-seven cents (465.87) but not exceedingtwo thousand and three hundred and twenty-nineeuro and thirty-seven cents (2,329.37) or to bothsuch imprisonment and fine,
and in every case of conviction for an offence against
this Ordinance, all articles in respect of which theoffence was committed shall be forfeited to theGovernment, and any such forfeited article shall, if thecourt so orders, be destroyed or otherwise disposed ofas 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 un less
he is charged jointly with any other person who has attained th e age
of sixteen years, any reference to the Court of Magistrates (Ma lta)
or to the Court of Magistrates (Gozo) shall be construed as areference 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 one hundred metres of the perimeter o f, a
school, youth club or centre, or such other place where youngpeople habitually meet, or the offence consists in the sale, su pply,
administration or offer to do any of these acts, to a minor, to  a
woman with child or to a person who is following a programme fo r
cure or rehabilitation from drug dependence, the punishment sha ll
be increased by one degree.
Cap. 101.(2A)  Where a person is charged under the provisions of this
article with selling or dealing in a drug listed under Part A o f the
Third Schedule, or with promoting, constituting organising or
financing a conspiracy under subarticle (1)( f) in respect of such
drug, or with the offence of possession of a drug, contrary to the
provisions of this Ordinance, under such circumstances that thecourt is satisfied that such possession was not for the exclusi ve use
of the offender, or with the offences mentioned in subarticles (1C)
or (1D), the provisions of articles 22A, 22B, 22E, 27 and 30 of  the
Dangerous Drugs Ordinance  shall apply.
Cap. 101.(2A bis) Where a person is charged under the provisions of this
article with an offence mentioned in subarticle (2A) and that p erson
is a person as is referred to in subarticle (5) or is a person in
possession of a licence, permit or authority issued to him by acompetent authority in or in connection with the exercise of an y art,
trade, calling or other occupation and the offence is committed  in a
place licensed under this Ordinance, under the 
Dangerous Drugs
Ordinance  or under any other law, the Court may, without prejudice
to any other order that it may make under the provisions of thi s
article, at the request of the prosecution make an order, herei nafter
referred to as a ''suspension order'', suspending such licence,  permit
 28       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
or authority and the provisions of article 22B bis (2) and (3) of the
Dangerous Drugs Ordinance  shall mutatis mutandis apply.
Cap. 101.(2B)  Where an offence against this article in respect of which a
person has been found guilty consists in an offence mentioned i n
subarticle (2A) the provisions of article 22(3A), (3B) and (7) and
the provisions of articles 22C, 22D, 28 and 29 of the Dangerous
Drugs Ordinance  shall apply.
(2C)  Notwithstanding that the Attorney General has directed in
accordance with the provisions of subarticle (2), that a person  be
tried in the Criminal Court, he may, at any time before the fil ing of
the bill of indictment, or at any time after filing the bill ofindictment 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 a s a
court of criminal judicature shall become competent to try thatperson as if no previous direction had been given. Where the
Attorney General has given such new direction after the filing of
the bill of indictment, the registrar of the Criminal Court sha ll
cause the record to be transmitted to the Court of Magistrates,  and
shall cause a copy of the Attorney General’s direction to be se rved
on the Commissioner of Police.
Cap. 9.(2D)  Notwithstanding the provisions of article 370 of the
Criminal Code  and without prejudice to the provisions of subarticle
(2C), the Court of Magistrates shall be competent to try all of fences
against this article as directed by the Attorney General inaccordance with the provisions of subarticle (2).
(2E)  ( a) In giving a direction in accordance with sub-article
(2), the Attorney General shall give due considerationto the guidelines included in the Fourth Schedule tothis Ordinance.
(b) Where the Attorney General has directed that the
person accused is to be tried in the Criminal Court inaccordance with sub-article (2), upon the terminationof the inquiry, if the Court of Magistrates as a Court ofCriminal Inquiry, decides that there are sufficientgrounds for committing the accused for trial onindictment, the accused may by application to be filedin the Criminal Court within seven days from theconclusion of the inquiry or within seven days fromthe date on which the accused is served with the bill ofindictment, demand of the said court to order that hebe tried in the Court of Magistrates and the CriminalCourt shall, after ordering the service of theapplication upon the Attorney General and grantinghim at least seven days to reply and after having heardoral submissions from the accused and the AttorneyGeneral if it considers this necessary, decide upon thecourt in which the accused is to be tried and theaccused shall be tried in accordance with the decisionof the Criminal Court:
Provided that an application in terms of this paragraph
may only be filed once in the course of any
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            29
proceedings:
Provided further that persons, who on the date of the
coming into force of this sub-article, are awaiting trialin the Criminal Court further to a direction given interms of sub-article (2) may, notwithstanding the otherprovisions of this paragraph, file an application in thesaid court in terms of this paragraph by not later thanthe 30th April 2015:
Cap. 9.For the purposes of this sub-article the words "the
conclusion of the inquiry" include any conclusion of an inquiryreferred to in article 407 of the  
Criminal Code .
Cap. 446.(2F) Where, upon conviction by the Criminal Court as provided
in sub-article (2)( a), after considering all  the circumstances of the
case including the amount and nature of the drug involved, thecharacter of the person concerned, the number and nature of anyprevious convictions, including convictions in respect of which  an
order was made under the 
Probation Act and the provisions of the
Fourth Schedule, the court is of the opinion that the punishmen t
provided for in sub-article (2)( a) would be disproportionate it may,
giving reasons, apply the punishment provided in sub-article (2 )(b).
Cap. 9.(2G) Where it is established that an offence under this Ordinanc e
was committed by an officer of a body corporate as is referred to in
article 121D of the  Criminal Code or by a person having a power
of representation or having such authority as is referred to in  that
article and the offence was co mmitted for the benefit, in part or in
whole, of that body corporate, the said person shall for the pu rposes
of this Ordinance be deemed to be vested with the legalrepresentation of the same body corporate which shall be liable  to a
fine ( multa ) not exceeding two million and five hundred thousand
euro (€2,500,000):
Provided that where legal representation no longer vests in
the said person, for purposes of this article, legal representa tion
shall vest in the person occupying the office in his stead or i n such
person as is referred to in that article.
(3) No person shall, on conviction for any offence of
contravening or failing to comply with any regulation under art icle
40A relating to the keeping of books or the issuing or dispensi ng of
prescriptions containing psychotropic drugs to which that artic le
applies, be sentenced to imprisonment without the option of "a fine
or to pay a fine exceeding one hundred and sixteen euro and for ty-
seven cents (116.47), if the court dealing with the case is sat isfied
that the offence was committed through inadvertence and was notpreparatory to or committed in the course of or in connection w ith
the commission or intended commission of any other offenceagainst this article.
(4) If any person attempts to commit an offence against this
article, or solicits or incites another person to commit such a n
offence, he shall, without prejudice to any other liability, be  liable
on conviction to the same punishment and forfeiture as if he ha d
committed an offence under this article.
 30       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Cap. 101. (5) Where the offence in respect of which a person is found
guilty under this article consists in the importation, manufact ure,
selling or otherwise dealing in a psychotropic drug, and suchperson is either licensed under this Ordinance or under the
Dangerous Drugs Ordinance , or is in possession of a warrant issued
under this Ordinance to practise a profession, or a calling or a
trade, or the offence is committed in a place licensed under th is
Ordinance or the Ordinance aforesaid, the court shall, at the r equest
of the prosecution and in addition to any other punishment, ord er
the revocation of such licence or warrant and upon such order b eing
made any such licence or warrant shall cease to have effect for  all
purposes of law and in particular for the purposes of this Ordi nance
and of the Ordinance aforesaid.
Cap. 446.(6) Where it results to the court that the offender, other than an
offender convicted of an offence as is referred to in subarticl e
(2)( a)(i) or ( b)(i), is in need of care and assistance for his
rehabilitation from dependence on any drug listed in the ThirdSchedule to this Ordinance the c ourt may, instead of applying a ny
of the punishments provided for in the foregoing sub-articles, place
the offender on probation in accordance with the provisions of the
Probation Act, sohowever that such probation order may be made
notwithstanding that the offender, who has attained the age offourteen years, has not expressed his willingness to comply wit h
the requirements thereof as provided in article 7 of that Act.
Cap. 9.
Cap. 446.(7) The provisions of articles 21 and 28A of the Criminal Code
and the provisions of the Probation Act shall not be applicable in
respect of any person convicted of an offence as is referred to  in
sub-article (2)( a)(i) or ( b)(i):
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 chara cter
of the person concerned, the number and nature of any previousconvictions, 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.
Cap. 101.(8) Where, in the case of a person convicted of an offence
referred to in subarticle (7), the court is satisfied that such  person is
in need of treatment for his rehabilitation from dependence on any
drug listed in the Third Schedule, the provisions of article 22 (10) to
(14) of the Dangerous Drugs Ordinance shall be applicable in the
same manner and to the same extent as if that person were a per son
convicted of an offence referred to in the said article 22(10).
Cap. 9.(9) Where an offence against this Ordinance in respect of
which a person has been found guilty consists in any of theoffences referred to in article 120C(1) or of the offence ofpossession of a drug contrary to the provisions of this Ordinan ce
under such circumstances that the court is satisfied that suchpossession was not for the exclusive use of the offender, theprovisions of articles 121D and 248E(4) of the 
Criminal Code  shall
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            31
apply mutatis mutandis .
Definition of 
expression "corresponding law". 
Added by: 
II. 1998 .5. 
Cap. 101.120B.  For the purposes of articles 120A and 121C the expression
"corresponding law" shall have the same meaning assigned to it by
article 23 of the Dangerous Drugs Ordinance and the provisions of
the said article 23 shall apply thereto.
Additional powers 
of investigation.
Added by: 
II. 1998 .5.
Amended by:
XXXI. 2007 .30.120C.  (1) Where, upon information received, the Attorney
General has reasonable cause to suspect that a person (hereinaf ter
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
120A(1)( e) or ( f); or
(c) is guilty of an offence mentioned in article 120A(1)( d)
with reference to any of the offences referred to in theforegoing paragraphs of this subarticle, or
(d) is guilty of the offence mentioned in article 120A(1D);
or
(e) is guilty of the offence of possession of a drug contrary
to the provisions of this Ordinance, under suchcircumstances that the court is satisfied that suchpossession was not for the exclusive use of theoffender,
Cap. 101.the Attorney General may apply to the Criminal Court for aninvestigation order or an attachment order or for both and theprovisions of article 24A of the 
Dangerous Drugs Ordinance  shall
mutatis  mutandis  apply to that application and to the suspect and to
any investigation or attachment order made by the court as a re sult
of that application.
Cap. 101.(2) The words "investigation order" in article 24A(2) and (5) of
the Dangerous Drugs Ordinance shall be read and construed as
including an investigation order made under the provisions of t his
article.
Cap. 101.(3) The words "attachment order" in article 24A(6A) of the
Dangerous Drugs Ordinance shall be read and construed as
including an attachment order made under the provisions of thisarticle.
Powers of 
investigation in connection with offences cognizable by courts outside Malta. 
Added by: 
II. 1998 .5. 
Amended by:
XXXI. 2007 .31.
Cap. 101.120D.  (1) Where the Attorney General receives a request made
by the judicial or prosecuting authority of any place outside M alta
for investigations to take place in Malta in respect of a perso n
(hereinafter referred to as "the suspect") suspected by that au thority
of an act or omission which if committed in these Islands, or i n
corresponding circumstances, would constitute any of the offenc es
mentioned in article 120C(1)( a), (b), (c), (d) and ( e) the Attorney
General may apply to the Criminal Court for an investigation or der
or an attachment order or for both and the provisions of articl e 24A
of the Dangerous Drugs Ordinance  shall mutatis  mutandis  apply to
that application and to the suspect and to any investigation orattachment order made by the court as a result of that applicat ion.
 32       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Cap. 101.(2) The words "investigation order" in article 24A(2) and (5) of
the Dangerous Drugs Ordinance shall be read and construed as
including an investigation order made under the provisions of t his
article.
Cap. 101.(3) The words "attachment order" in article 24A(6A) of the
Dangerous Drugs Ordinance shall be read and construed as
including an attachment order made under the provisions of thisarticle.
Freezing of 
property of person accused with offences cognizable by courts outside Malta. 
Added by:
II. 1998 .5. 
Amended by:
XXXI. 2007 .32.
Cap. 101.120E.  (1) Where the Attorney General receives a request made
by a judicial or prosecuting authority of any place outside Mal ta for
the temporary seizure of all or any of the moneys or property,movable or immovable, of a person (hereinafter in this articlereferred to as "the accused") charged or accused in proceedingsbefore the courts of that place of an offence consisting in an act or
an omission which if committed in these Islands, or incorresponding circumstances, would constitute any of the offenc es
mentioned in article 120C(1)( a), (b), (c), (d) and ( e), the Attorney
General may apply to the Criminal Court for an order (hereinaft er
referred to as a "freezing order") having the same effect as an  order
as is referred to in article 22A(1) of the 
Dangerous Drugs
Ordinance and the provisions of the s aid article 22A shall, subject
to the provisions of subarticle (2) of this article, apply mutatis
mutandis  to that order.
Cap. 101. (2) The provisions of article 24C(2) to (5) of  of the Dangerous
Drugs Ordinance shall apply to an order made under this article as
if it were an order made under the said article 24C.
Cap. 101. (3) Article 22B of the Dangerous Drugs Ordinance  shall also
apply to any person who acts in contravention of a freezing ord er
under this article.
Enforcement of 
confiscation orders made by courts outside Malta following conviction for offences cognizable by those courts.
Added by: 
II. 1998 .5.
Amended by:
XXXI. 2007 .33. 
Cap. 101.120F.  (1) A confiscation order made by a court outside Malta
providing or purporting to provide for the confiscation or forf eiture
of proceeds from the commission of a relevant offence shall beenforceable in Malta in accordance with the provisions of artic le
24D(2) to (11) of the 
Dangerous Drugs Ordinance .
(2) For the purposes of this article, but subject to the provisi ons
of subarticle (3), "confiscation order" and "proceeds" shall ha ve the
same meanings assigned to them by article 24D(12) of the
Dangerous Drugs Ordinance which meanings shall be construed in
accordance with the meaning assigned to "property" by the samesubarticle (12) and in accordance with the meaning assigned to"relevant offence" in subarticle (3).
(3) For the purposes of this article "relevant offence" means
any offence consisting in any act or omission which if committe d in
these Islands, or in corresponding circumstances, would constit ute
any of the offences mentioned in article 120C(1)( a), (b), (c), (d)
and ( e).
Unlawful 
obstruction, etc.
Added by: 
XX. 1976.11.
Amended by: 
XIII. 1983 .5;
L.N. 407 of 2007 .121.  Any person who prevents any other person from doing
what he is enjoined or permitted to do under the provisions of this
Ordinance or of any order or regulations made thereunder, or wh o
undoes or frustrates anything which any other person may havedone in compliance with any of the said provisions, shall be gu ilty
of an offence and shall be liable - 
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            33
(a) on a first conviction, to a fine ( multa ) of not less than
one hundred and sixteen euro and forty-seven cents(116.47) but not exceeding one thousand and onehundred and sixty-four euro and sixty-nine cents
(1,164.69) , and
(b) on a second or subsequent conviction, to imprisonment
for a term of not less than one month but not exceedingsix months, with or without the addition of a fine(multa ) of not less than one hundred and sixteen euro
and forty-seven cents (116.47) but not exceeding onethousand and one hundred and sixty-four euro and
sixty-nine cents (1,164.69).
Burden of proof.
Added by: 
II. 1998 .6.121A.  (1) In any proceedings against any person for an offence
against this Ordinance, it shall not be necessary to negative b y
evidence any licence, authority or other matter of exception ordefence, and the burden of proving any such matter shall lie on  the
person seeking to avail himself thereof.
 (2) When the offence charged is that of possession of, or of
selling or dealing in, a drug contrary to the provisions of thi s
Ordinance it shall not be a defence to such charge for the accu sed
to prove that he believed that he was in possession of, or wasselling or dealing in, some thing other than the drug mentioned  in
the charge if the possession of, or the selling or 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.
Statement may be 
admitted as evidence. 
Added by: 
II. 1998 .6.
Cap. 9.121B.  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 confirmedon oath before a magistrate and any evidence given by such pers on
before any court may be received in evidence against any otherperson charged with an offence against the said Ordinance,provided it appears that such statement or evidence was made orgiven voluntarily, and not extorted or obtained by means of thr eats
or intimidation, or of any promise or suggestion of favour.
Controlled delivery 
and purchase.
Added by: 
II. 1998 .6. 
Amended by:
VI. 2000 .8.
Cap. 101.121C.  The provisions of article 30B of the Dangerous Drugs
Ordinance shall apply mutatis  mutandis  to a controlled delivery of
any drug listed under the Third Schedule to this Ordinance or o f
money, property or proceeds as referred to in article 120A(1D)( a)
with a view to identifying persons involved in the commission o f
offences under this Ordinance or under the corresponding law inforce in the territory of another country and the same provisio ns
shall also apply mutatis  mutandis  to the acquisition or procurement
of any such drug by the Executive Police.
Persons transferred 
to Malta from abroad for the purpose of giving evidence or assisting in an investigation, etc.
Added by: 
II. 1998 .6. 
Cap. 101.121D.  The provisions of article 30C of the Dangerous Drugs
Ordinance shall apply mutatis  mutandis  to a witness, expert or
other person in a foreign country who consents, in respect of a n
offence contrary to the provisions of this Ordinance, to giveevidence or to assist as provided in that article following a r equest
for assistance as also provided in the same article.
 34       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Co-operation in the 
suppression of relevant offences at sea. 
Added by: 
II. 1998 .6.
Amended by:
XVI. 2006 .27;
XXIV . 2007 .8.121E.  (1) Where the Attorney General receives, or is informed
about, a request made by or on behalf of a judicial, prosecutin g, law
enforcement, administrative or other competent authority of anyState or place other than or outside Malta (hereinafter in this  article
referred to as the "requesting authority") seeking authorisatio n for
the competent authorities of that State or place to take approp riate
measures in regard to a relevant vessel reasonably suspected to  be
engaged in the commission of a relevant offence the AttorneyGeneral may, with the concurrence of the Prime Minister, author ise
the taking of the said measures by the aforesaid competentauthorities subject to such conditions as may have been agreed by
Malta with that State or as may be agreed between the requestin g
authority and the Attorney General with the concurrence of thePrime Minister.
(2) Where authorisation has been given by the Attorney
General as aforesaid the competent authorities referred to in s ub-
article (1), subject to the conditions as may have been agreed upon
as provided in the same sub-article, shall be authorised to tak e the
appropriate measures and to exercise on board the vessel in reg ard
to which appropriate measures have been authorised under thisarticle 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 -"appropriate measures" with regard to a vessel include the
boarding of and carrying a search on such vessel as well as suc h
other appropriate action with respect to the vessel, persons an d
cargo on board such vessel if evidence of involvement of the ve ssel
in a relevant offence is found;
"relevant offence" shall have the same meaning assigned to it b y
article 120F(3); and
"relevant vessel" means a ship or any other floating craft of a ny
description, including hovercrafts and submersible crafts, flyi ng
the flag of Malta or displaying the marks of registry of Malta and
exercising freedom of navigation in accordance with internation al
law.
More serious 
offence. 
Added by:
XX.1976.11. Cap. 9.122.  Where the act committed by an offender constitutes a more
serious offence under the Criminal Code or any other law, the
provisions of that Code or other  law shall apply, in respect of  that
act.
Interdiction. 123.  Any person sentenced for an offence under article 33, 38
or 90 who commits another offence against the provisions of any  of
such articles may, in addition to the punishment prescribed for  such
other offence, be sentenced to interdiction from the practice o f his
profession or trade for a term not exceeding three months.
Right of appeal. 
Added by: 
XVII. 1986 .4.
Amended by: 
VIII. 1990 .3. 
Cap. 9.123A.  Notwithstanding the provisions of the Criminal Code , the
Attorney General shall always have a right of appeal to the Cou rt of
Criminal Appeal from any judgment given by the Court ofMagistrates in respect of criminal proceedings arising out of t he
provisions of article 120A.
Added by: 
II. 1959.30.PART XII
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            35
 REGISTERS
Inspection of 
registers. 
Added by:
II. 1959.30.
Amended by: 
V. 1985 .13.124.  Repealed by: XII. 2003 .52.
 36       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Added by: 
XVI. 1983 .27.FIRST SCHEDULE
 (Article 7)
PART 1
 A Lead poisoning
Phosphorus poisoning Manganese poisoning 
Arsenical poisoning 
Mercury poisoning Carbon-bisulphide poisoningBenzene poisoning and poisoning from Nitro and Amido
derivatives of Benzene and its homologues
Aniline poisoning
Compressed air illness (Caisson Disease) 
Anthrax
Epitheliomatous ulceration or chrome ulcerationPoisoning attributed to occupational exposure to pesticides Brucellosis attributed to occupational exposureCadmium poisoning Cancer of occupation originBlood dyscrasias of occupational origin 
Toxic jaundice
Acute or chronic effects of exposure to radiation Asthma of occupational origin
B "Gassing" incidents in which a person is affected as a
result of occupational exposure to gasses or fumes
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            37
Part 2 
DEPARTMENT OF HEALTH
Notification of Occupational Disease or Incident 
(Article 7)
1.  Name of patient ........................................... ..........................
2.  Age ................................... Sex ............... .............................. 
3.  Address ................................................... ..............................
4.  Present/last occupation ................................... .......................
5.  Name and address of present/last employer ................. ...........
............................................................... ....................................
6. Name and address of previous employer (if previous
employment is suspected to be the cause) ...................... .........
............................................................... ....................................
7.  Type of disease/poisoning/incident ........................ ................
8. Harmful agent/process suspected to be the cause of disease
poisoning / incident .......................................... ..................... 
9. Dates (even approximate) of beginning and cessation of
exposure to risk .............................................. .......................
...............................................
Signature of Medical Practitioner
Date.......................................             ....... ..................................
Name and Address
 38       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
Added by: 
XXII. 1957.11.
Amended by:
XVI. 1983 .6.
Substituted by: 
V. 1985 .14.
Amended by:
L.N. 426 of 2012 .SECOND SCHEDULE
(Article 7)
CERTIFICATE OF DEATH AND CAUSE THEREOF
1. Name and surname ............................................ ...................
2. Age and sex................... Legally valid identification document
                      number  ......................... .........
                    ( i f  d e a d  p e r s o n  h a d  a  l e g a l l y  v a l i d                      identification document) 
3. Place of birth ............................................. ...........................
4. Residence .................................................. ...........................
5. Profession, trade or other status .......................... ...................
6. Name and surname of parents and whether living or dead ..... .
............................................................... ...................................
7. Whether bachelor or spinster, married, widower or widow, and
in the latter two cases the name and surname of the husbandor wife ....................................................... ............ 
8. Hour, day, month and year of death ......................... ..............
9. Place where death occurred ................................. ..................
*10. Cause of death:
11. Place of interment ........................................ .........................
12. Signature of the Medical Practitioner ..................... ............... 
   Date ....................................................... ........................ 
   Name in Block Letters ...................................... .............. 
   Address .................................................... ......................I
Approximate interval 
between onset and death 
Disease or condition 
directly leading  to  death                          (a) ............................................  
(due to or as a                       consequence of) ..................
Antecedent causes; morbid
conditions, if any, givingrise to the above cause,stating the underlyingcondition last (b) ...........................................
(due to or as a consequence   of) ...............                                          
(c) ............................................
 II 
Other significant conditions
contributing to the deathbut not related to thedisease  or  conditioncausing it.................................................
.................................................
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            39
TO THE POLICE OFFICER IN CHARGE OF THE ACTS OF
DEATH IN ...................................................... ........................... 
*NOTES: 
The certifier should enter under -
I. (a) The disease or injury which initiated the train of morbid even ts leading to
death, i.e. the disease, injury or complication which was the d irect cause of death. This
does not mean the mode of dying e.g. heart failure, asthenia, e tc.
(b) The condition, if any, considered to have been antecedent to th e direct cause,
both in respect of time and of etiological or pathological rela tionship. A condition can
be entered as antecedent even though a long interval of time ha s elapsed since its onset
or since the occurrence of symptoms of it.
(c) Any other condition which is considered to be antecedent to  (b) in the same
sense as described above.
If it is thought that there has not been any antecedent conditi on as defined above,
lines I (b) and I  (c) should be left blank.
On no account must the starting point of the sequence of diseas e be entered in Part II
because of lack of space for it in Part I.
II. Any other conditions which, though not in the causal sequen ce in Part I, appear to
have contributed something to the fatal outcome.
Added by:
V.1985 .15.
Amended by:
XVII.1986 .5;
L.N. 34 of 1986 .
Substituted by:L.N. 
48 of 1990 .
Amended by: 
L.N. 31 of 1997 ;
L.N. 79 of 1998 ;
L.N. 285 of 2001 ;
L.N. 38 of 2002 ;
L.N. 209 of 2002 ;
L.N. 222 of 2002 ;
L.N. 212 of 2003 ;
L.N. 374 of 2003 ;
L.N. 135 of 2006 ;
L.N. 260 of 2006 ;
L.N. 127 of 2007 ;
L.N. 404 of 2007 ;
L.N. 174 of 2010 ;
L.N. 423 of 2010 ;
L.N. 149 of 2012 ;
L.N. 412 of 2012 ;
L.N. 362 of 2013 ;
L.N. 364 of 2013 ;
L.N. 404 of 2013 ;
L.N. 48 of 2016 ;
L.N. 357 of 2017 ;
L.N.358 of 2017 ;
L.N. 231 of 2018 ;
L.N. 268 of 2018 ;
L.N. 190 of 2019 THIRD SCHEDULE 
(Article 40a)
 LIST OF PSYCHOTROPIC DRUGS
PART A 
International or other nonproprietary Chemical name 
name or other trivial name
α-PVP 1-phenyl-2-(1-pyrrolidin-1-yl)pentan-1-
one
1-BENZYLPIPERAZINE 1-benzyl-1, 4-diazacyclohexane
2C-1 (2,5-dimethoxy-4-
iodophenethylamine)
2C-T-2 (2,5-dimethoxy-4-
ethylthiophenethylamine)
2C-T-7 (2,5-dimethoxy-4-(n)-
propylthiophenethylamine)
TMA-2 (2,4,5,-trimethoxyamphetamine)
CATHINONE (-)-a-aminopropiophenone DET N.N-diethyltryptamine 
DMA dl-2,5-dimethoxy-a-methylphenyl-
ethylamine 
DMHP 3- (1,2-dimethylheptyl)-1-hydroxy-
7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6 H - dibenzo [b,d] pyran
DMT N.N-dimethyltryptamine 
DOB,BROLAMFETAMINE 2,5-dimethoxy-4-
bromoamphetamine 
(+)LYSERGIDE,  LSD,  LSD-25 (+)- N.N-diethyllysergamide
(d-lysergic acid diethylamide)
DOET dl-2, 5-dimethoxy-4-ethyl-a-
methylphenylethylamine
 40       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
mCPP 1-(3-chlorophenyl)piperazine
oCPP 1-(2-chlorophenyl)piperazinepCPP 1-(4-chlorophenyl)piperazineMDA, METHYLENE 3, 4, methylenedioxyamphetamine
DIOXYAMPHETAMINE 
MDMA, TENAMFETAMINE dl-3,4-methylenedioxy-N, a-
dimethyl-phenylethylamine
4,4’-DMAR 4-methyl-5-(4-methylphenyl)-4,5-
dihydro-1,3-oxazol-2-amine
4-MA 4-methylamphetaminemephedrone 2-methylamino-1-(4-
(4-methylmethcathinone) methylphenyl)propan-1-one
MESCALINE, MESCAL 3, 4, 5-trimethoxyphenethylamine
BUTTON, PEYOTE, PEYOTL 
MMDA 2-methoxy-alpha-methyl-4-5-
(methylenedioxy)phenethylamine
PARAHEXYL 3-hexyl-1-hydroxy-7, 8, 9, 10-tet-
rahydro-6,6,9-trimethyl-6H-dibenzo [b, d] pyran 
PCE, ETICYCLIDINE N-ethyl-1-phenylcyclohexylaminePHP, PCPY , ROLICYCLIDINE 1-(1-phenylcyclohexyl) pyrrolidinePMA 4-methoxy-a-methylphenylethyl-
amine 
PMMA paramethoxymethylamphetamine or 
N-methyl-1-(4-methoxy-phenyl)-2-aminopropane
PSILOCINE, PSILOTSIN 3-(2-dimethylaminoethyl)-4-
hydroxyindole 
PSILOCYBINE 3-(2-dimethylaminoethyl)-indol-4-
yl di hydrogen phosphate
STP. DOM 2-amino-1-(2, 5-dimethoxy- 4-
methyl) phenylpropane
TETRAHYDROCANNABINOL, 7, 8, 9, 10 - tetrahydro-6,6,9-trimethyl-
following isomers and their stereo thepentyl- 6H-dibenzo[b,d]pyr an-1-ol
chemical variants (9R,10aR)-8,9,10,10a- tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-ibenzo[b,d]pyran-1-ol(6aR,9R,10aR)- 6a,9,10,10a-tetrahydro-6, 6,9-trimethyl-3pentyl-6H-ibenzo[b,d]pyran-1-ol(6aR,10aR)- 6a,7,10,10a-tetrahydro-6,6,9-trimethyl-3pentyl-6H-dibenzo[b,d]pyran-1-ol6a,7,8,9-tetrahydro-6, 6,9-trimethyl-3pentyl-6H-dibenzo[b,d]pyran-1-ol
(6aR,10aR)- 6a,7,8,9,10,10a-hexahydro-6, 6-dimethyl-9-methylene-3-pentyl-6H-dibenzo[b,d]pyran-1-ol
TCP, TENOCYCLIDNE 1-[1-(2-thienyl) cyclohexyl] piperi-
dine
TMA dl-3, 4, 5-trimethoxy-a-methylphe-
nylethylamine
4-MTA (α -methyl-4-
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            41
methylthiophenethylamine)
5-IT 5-(2-aminopropyl)indole
Methcathinone 2-(methylamino)-1-phenylpropan-1-
one
Methoxetamine 2-(ethylamino)-2-(3-
methoxyphenyl)cyclohexanone
25I-NBOMe (2C-I-NBOMe) 2-(4-iodo-2,5-dimethoxyphenyl)-N-
[(2-
methoxyphenyl)methyl]ethanamine
25B-NBOMe (2C-B-NBOMe) 2-(4-bromo-2,5-dimethoxyphenyl)-
N-[(2-methoxyphenyl)methyl]ethanamine
25C-NBOMe (2C-C-NBOMe) 2-(4-chloro-2,5-dimethoxyphenyl)-
N-[(2-
methoxyphenyl)methyl]ethanamine
3,4-methylenedioxypyrovalerone (RS)-1-(Benzo[d][1,3]dioxol-5-yl) -2-
(MDPV)  (pyrrolidin-1-yl)pentan-1-one
Methylone (beta-keto-MDMA) (±)-2-Methylamino-1-(3,4-
methylenedioxyphenyl)propan-1-one
JWH-018 Naphthalen-1-yl-(1-pentylindol-3-yl)
methanone
AM-2201 1-[(5-Fluoropentyl)-1H-indol-3-yl]-
(naphthalene-1-yl)methanone
4-MEC (4-methylethcathinone) 2-(ethylamino)-1-(4-
methylphenyl)propan-1-one
Ethylone 1-(2 H-1,3-benzodioxol-5-yl)-2-
(ethylamino)propan-1-one
Pentedrone 2-(methylamino)-1-phenylpentan-1-(α-
methylaminovalerophenone)one
Ethylphenidate (EPH) ethyl phenyl(piperidin-2-yl)acetate   Methiopropamine (MPA) N-methyl-1-(thiophen-2-yl)propan-2-
amine
MDMB-CHMICA methyl N-{[1-(cyclohexylmethyl)-1 H-
indol-3-yl]carbonyl}-3-methyl-L-valinate
5F-APINACA (5F-AKB-48) N-(adamantan-1-yl)-1-(5-fluoropentyl)-
1H-indazole-3-carboxamide
XLR-11 [1-(5-fluoropentyl)-1 H-indol-3-
yl](2,2,3,3
- 
tetramethylcyclopropyl)methanone
AB-CHMINACA N-[(2S)-1-Amino-3-methyl-1-oxobutan-
2-yl]-1-(cyclohexylmethyl)-1 H-
indazole-3-carboxamide
5F-ADB (5F-MDMB-PINACA) Methyl(2 S)-2-{[1-(5-fluoropentyl)-1 H-
indazole-3-carbonyl]amino}-3,3-dimethylbutanoate
AB-PINACA N-[(2S)-1-Amino-3-methyl-1-oxobutan-
2-yl]- 1-pentyl)-1 H-indazole-3-
 42       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
carboxamide
UR-144 (1-Pentyl-1 H-indol-3-yl)(2,2,3,3- 
tetramethylcyclopropyl)methanone
5F-PB-22  Quinolin-8-yl 1-(5-fluoropentyl)-1 H-
indole-3-carboxylate
4-Fluoroamphetamine  (4-FA)1-(4-Fluorophenyl)propan-2-
amine
ADB-CHMINACA                          N-(1-amino-3,3-dimethyl-1-oxobutan-
2-yl)-1-(cyclohexylmethyl)-1 H-
indazole-3-carboxamide
CUMYL-4CN-BINACA                1-(4-cyanobutyl)- N-(2-phenylpropan-2-
yl)-1 H-indazole-3-carboxamide
ADB-FUBINACA N-(1-amino-3,3-dimethyl-1-oxobutan-
2-yl]-1-(4-fluorobenzyl)-1 H-indazole-
3-carboxamide
FUB-AMB (MMB- or AMB-FUBINACA) Methyl (2 S)-2-{[1-
[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino}-3-methylbutanoate
N-ethylnorpentylone 1-(2 H-1,3-benzodioxol-5-yl)-2-
(ethylamino)pentan-1-one)".
     And any derivatives, salts, or esters of the above.
PART B
I
nternational or other nonproprietary Chemical name 
name or other trivial name
ALLOBARBITAL 5, 5-diallylbarbituric acid 
AMFEPRAMONE, 
DIETHYLPROPION 2-(diethylamino)  propiophenone
AMOBARBITAL 5-ethyl-5-(3-methylbutyl) barbituric
acid 
AMINEPTINE (7-[(10, 11-dihydro-5H-dibenzo
[a,d,] cyclohepten-5-y-5-yl)amino]heptanoic acid)
AMPHETAMINE (±)-2-amino-1-phenylpropane 
BARBITAL 5, 5-diethylbarbituric acid 
BENZPHETAMINE N-benzyl-N, -dimethylphenethyl-
amine 
BUTALBITAL 5-allyl-5-isobutylbarbituric acidBUTOBARBITAL 5-butyl-5-ethylbarbituric acidCATHINE d-threo-2-amino-1-hydroxy-1-phe-
nylpropane 
CHLORAL HYDRATE 2, 2, 2- trichloroethane-1,1-diolCHLORDIAZEPOXIDE 7-chloro-2-(methylamino)-5-phenyl-
3H-1, 4-benzodiazepine-4-oxide
CHLORMETHIAZOLE 5-(2-chloroethyl)-4-methyl-1,3-
thiazole
CHLORPHENTERMINE p-chloro- -dimethylpheneth-
lylamine 
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            43
CYCLOBARBITAL 5-(1-cyclohexen-1-yl)-5-ethylbarbi-
turic acid 
DEXAMPHETAMINE (+)-2-amino-1-phenylpropane DIAZEPAM and other 
compounds containing the chemical structure of DIHYDRO-1:4 BENZODIA-ZEPINE or of DIHYDRO-1:5 BENZODIAZEPINE substituted to any degree 7-chloro-1, 3-dihydro-1-methyl-5-
phenyl-2H-1,4-benzodiazepine-2-one 
ETHCHLORVYNOL ethyl-2-chlorovinylethynylcarbinol ETHINAMATE 1-ethynylcyclohexanolcarbamate FENCAMFAMIN dl-N-ethyl-3-phenylbicyclo (2,2,1)-
heptan-2-amine 
FENETYLLINE dl-3, 7-dihydro-1, 3 dimethyl-7-(2-
[(1-methyl-2-phenylethyl) amino]ethyl)-1H-purine-2, 6-dione
FENFLURAMINE N-ethyl- -methyl-m(trifluorome-
thyl) phenethylamine 
FENPROPOREX dl-3-[(a-methylphenethyl)amino]
propionitrile 
GLUTETHIMIDE 2-ethyl-2-phenylglutarimide KETAMINE (±)-2-(2-Chlorophenyl)-2-
methylaminocyclohexanone
LEV AMPHETAMINE 1-a-methylphenethylamine LEVOMETHAMPHETAMINE 1-N,a-dimethylphenethylamine MAZINDOL 5-(p-chlorophenyl)-2, 5-dihydro-3H-
imidazo [2, 1- a] isoindol -5-ol
MECLOQUALONE 3-(o-chlorophenyl)-2-methyl-4 (3H)-
quinazolinone
MEFENOREX dl-N-(3-chloropropyl)-a-
methylphenethylamine
MEPHENTERMINE N-  -trimethylphenethylamine 
MEPROBAMATE 2-methyl-2-propyl-1, 3-propanediol
dicarbamate 
METHAMPHETAMINE (+)-2-methylamino-1-phenylpropaneMETHAMPHETAMINE 
RACEMATE METHAQUALONE 2-methyl-3-o-tolyl-4(3H)-quina-
zolinone 
METHYLPHENIDATE 2-phenyl-2(2-piperidyl) acetic acid,
methylester 
METHYLPHENOBARBITAL 5-ethyl-1-methyl-5-phenylbarbituric
acid 
METHYPRYLON 3, 3-diethyl- 5-methyl-2, 4-
piperidine-dione 
N-ETHYLAMPHETAMINE dl-N-ethyl-a-methylphenylethyl-
amine 
PARALDEHYDE acetaldehyde trimerPENTAZOCINE 1, 2, 3, 4, 5, 6, hexahydro-6, 11-
 44       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
dimethyl-3 -(3-methyl-2-butenyl)-
2, 6-methano-3-benzazocin-8-ol
PENTOBARBITAL 5-ethyl-5-(1-methylbutyl) barbituric
acid 
PHENCYCLIDINE 1-(1-phenylcyclohexyl) piperidinePHENDIMETRAZINE (+)-3, 4-dimethyl -2-phenylmorpho-
line 
PHENMETRAZINE 3-methyl-2-phenylmorpholine PHENOBARBITAL 5-ethyl-5-phenylbarbituric acidPHENTERMINE a, a-dimethylphenethylaminePIPRADROL 1,1-diphenyl-1-(2-piperidyl)
 methanol 
PROPYLHEXEDRINE dl-1-cyclohexyl-2-methylamino-
propane 
PYROV ALERONE dl-1-(4-methylphenyl)-2-(1-
pyrrolidinyl)-1-pentanone
SECBUTABARBITAL 5-sec-butyl-5-ethylbarbituric  acidSECOBARBITAL 5-allyl-5-(1-methylbutyl) barbituric
acid 
SPA, LEFETAMINE (-)-1-dimethylamine-1, 2,
diphenylethane
TIANEPTINE 7-[(3-Chloro-6,11-dihydro-5,5-dioxo
-6-methyldibenzo[ c,f][1,2]
thiazepin-11-yl) amino] heptanoicacid 
TRAMADOL (±)-trans-2-Dimethylaminomethyl-1-
(3-methoxyphenyl) cyclohexanol
VINYLBITAL 5-(1-methyl-butyl)-5-
vinylbarbituric acid.
ZOLPIDEM (N,N,6-trimethyl-2-p-tolylimidazo
[1,2-]pyridine-3-acetamide)
2C-B (4-bromo-2,5-
dimethoxyphenethylamine)
GHB (γ-hydroxybutyric acid)
AMINOREX 2-amino-5-phenyl-2-oxazoline
BROTIZOLAM 2-bromo-4(o-chlorophenyl)-9-
methyl-6H-thieno[3,2-f]-s-triazolo [4,3-a] [1,4]Diazepine
BUPRENORPHINE 21-cyclopropyl-7-alpha-[(S)-
lhydroxy-1,2,2-trimethylpropyl]-6,14-endoethano-6,7,8,14-tetrahydrooripavine
MESOCARB 3-(α-methylphenethyl)-
Nphenylcarbamoyl) sydnone imine
PEMOLINE 2-amino-5-phenyl-2-oxazolin-4-one
or2-imino-5-phenyl-4-oxazolidinone
ZIPEPROL α-(α-μethoxybenzl)-4-
((ßmethoxphenethyl)-1-Piperazineethanol
DRONABINOL delta-9- (6aR, 10aR)-6a7, 8, 10a-tetrahydro-
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            45
tetrahydrocannabinol 6,6,9-
and its stereochemical variants trimethyl-3-penatyl-6H-dibenzo [ b,d]
(This item refers to only one of the pyran-1-o1stereochemical variantsof delta-9-tetrahydrocannabinol,namely (-)-trans-delta-9-tetrahydrocannabinol.)
     And any salts or esters of the above.
Added by:
XXIV . 2014 .78.FOURTH SCHEDULE
(Article 120A)
Guidelines on the exercise of discretion under article 120A
These guidelines apply to all accused persons aged 16 and over.In determining the court in which a person accused of an offenc e
against this Ordinance is to be tried the harm or the potential  harm
caused by the offence charged shall be the principal considerat ion.
The quantity of the drug is a principal consideration in assess ing
harm. The purity need not necessarily be taken into account at the
initial stage but it may be considered in determining whether aperson initially referred for trial before the Criminal Court i s to be
referred for trial before the Court of Magistrates at a later s tage.
The role played by the accused in the crime shall if sufficient
information is available, also be taken into consideration.
In such cases a distinction should be made between persons who
played a leading role, a significant role or a lesser role in t he
commission of the offence.
A leading role in the commission of the offence may be indicated
by the following:
• that the accused organized or directed buying and
selling of a drug on a commercial scale;
• that the accused had substantial links to and significant
influence on other persons in a chain;
• that the accused had close links to the original source
of the drugs;
• that the accused made substantial financial gain or had
an expectation of substantial financial gain;
• that the accused used a legitimate business as a cover
for buying or selling drugs;
• that the accused has abused a position of trust or of
significant responsibility in the commission of theoffence, for example when the accused is a prisonemployee or a legal or medical professional.
A significant role in the commission of the offence may be
indicated by the following:
• that the accused had an operational or a management
function within a chain;
• that the accused involved others in the operation either
by exerting pressure or influence upon them or byintimidation or offer of reward; 
 46       CAP. 31. ]            MEDICAL AND KINDRED PROFESSIONS
• that the accused was motivated by the prospect of
financial or other advantage, irrespective of whetherthe accused was acting alone or with others;
• that the accused appeared to be aware and to
understand the scale of the operation;
• that the accused, not being a person abusing a position
of trust or responsibility, supplied the drug to aprisoner for gain but without coercion.
A lesser role in the commission of the offence may be indicated
by the following:
• that the accused has performed a limited role in the
commission of the offence and has acted under thedirection of others;
• that the accused was engaged by others to commit the
offence by pressure, coercion or intimidation;
• that the accused got involved in the commission of the
offence because of his naivete or because he wasexploited by others;
• that the accused had no influence on those above him
in a chain;
• that the accused had very little, if any, understanding
of the scale of the operation;
• that taking all circumstances into account it is
reasonable to conclude that the accused was involvedin the commission of the offence solely for the purposeof obtaining drugs for his own use;
• that the accused made no financial gain from the
offence, for example in cases involving a commonpurchase of a minimal quantity for no profit or thesharing of a minimal quantity between friends on anon-commercial basis.
Aggravating factors resulting from the law shall be taken into
consideration.
Other aggravating factors that may be taken into consideration
may include: 
• the sophisticated nature of concealment of the drug
and the nature of any attempts to avoid detection;
• any attempts made to conceal or to dispose of
evidence;
• the exposure of others to exceptional danger such as
when a drug is cut with harmful substances;
• high purity of the drug;• that the accused has targeted places intended to locate
vulnerable persons or has sought to supply drugs tominors;
• that others, especially children and non-users were
present when the accused committed the offence.
        MEDICAL AND KINDRED PROFESSIONS        [CAP. 31.            47
The following amounts involved in the offence, when the said
amounts are known, can be taken as indicative that a person sho uld
not be referred for trial before the Criminal Court:
ecstasy: less than 300 tabletsLSD: less than 300 squaresamphetamine: less than 300 gramsketamine: less than 150 grams.
Any assistance which the accused may have rendered to the
Police or to the prosecution may also be taken into account.