DANGEROUS DRUGS                           [CAP. 101.       1
CHAPTER 101
 DANGEROUS DRUGS ORDINANCE
To amend and consolidate the law relating to the importation, exportation, manufacture,
sale and use of opium and other dangerous drugs.
1st September, 1939
ORDINANCE XXXI of 1939, as amended by Legal Notice 4 of 1963; Acts: XLVIII of 1975,
XI of 1977, XXIII of 1980 , XLIX of 1981  and XIII of 1983 ; Legal Notice 32 of 1984 ; Act VIII of
1986 ; Legal Notice 58 of 1988 ; Act VIII of 1990 ; Legal Notices: 49, 93 of 1990 ; Acts VI of
1994 , XVI of 1996 , II of 1998 , VI of 2000 ; Legal Notice 148 of 2000 ; Act III of 2002 ; Legal
Notices 278 of 2003 , 1 of 2004 ; Acts XVI of 2006 ,  XXIV , XXXI of 2007 ; Legal Notices 373,
409 of 2007 , 331 of 2009 ; Acts IV, XXIV of 2014 ,  VIII of 2015 ; Legal Notices 49 of 2016 , 359,
360 of 2017  , 43 of 2018 ,  230 of 2018   389 of 2018  V of 2019 and Legal Notice  189  of 2019
and Act XXXI of 2019  and IV of 2020  and  VIII of 2020 .
ARRANGEMENT OF ORDINANCE
 Articles
Title and Interpretation 1-2 
Part I. Raw Opium and Coca Leaves 3-4 Part II. Prepared Opium 5-6 Part III. Indian Hemp 7-8 Part IV . Cocaine, Morphine, etc.  9-11 Part V . Control of External Trade 12-19 Part VI. General 20-34 
First Schedule
Second Schedule
 Third Schedule
 2          CAP. 101. ]                    DANGEROUS DRUGS   
Short title. 1. The short title of this Ordinance is the Dangerous Drugs
Ordinance.
Interpretation. 
Amended by: 
XXIII. 1980.2;VI.1994.2.V .2019.5.2.(1) In this Ordinance unless the context otherwise
requires -
"coca leaves" means the leaves of the Erythroxylum Coca
Lamarek  and the Erythroxylum Novogranatense (Morris)
Hieronymus  and their varieties belonging to the family of
Erythroxylaceae  and the leaves of other species of this genus from
which cocaine can be extracted either directly or by chemicaltransformation;
"drug" means any of the following: 
(i)  a substance covered by the 1961 United Nations Single
Convention on Narcotic Drugs, as amended by the 1972Protocol, or by the 1971 United Nations Convention onPsychotropic Substances; 
(ii)   any of the substances listed in the Annex to the Council
Framework Directive 2004/757/JHA;
"export", with its grammatical variations and cognate
expressions, in relation to Malta, means to take or cause to be  taken
out of Malta in any manner whatsoever;
"import", with its grammatical variations and cognate
expressions, in relation to Malta, means to bring or cause to b e
brought into Malta in any manner whatsoever;
"Indian hemp" means any plant of the genus Cannabis or any part
of any such plant, but does not include fibre or seed which has  been
rendered not capable of developing into another such plant;
"medicinal opium" means raw opium which has undergone the
processes necessary to adapt it for medicinal use in accordancewith the requirements of the British Pharmacopoeia, whether it is in
the form of powder or is granulated or is in any other form andwhether it is or is not mixed with neutral materials;
"new psychoactive substance" means a substance in pure form or in
a preparation that is not covered by the 1961 United Nations Si ngle
Convention on Narcotic Drugs, as amended by the 1972 Protocol, or
by the 1971 United Nations Convention on Psychotropic Substance s
which may pose health or social risks similar to those posed by  the
substances covered by those Conventions;
"preparation" means a mixture containing one or more new
psychoactive substances;
"prepared opium" means opium prepared for smoking and
includes dross and any other residues remaining after opium hasbeen smoked;
"raw opium" means the spontaneously coagulated juice obtained
from the capsules of the Papaver  Somniferum  L., which has only
been submitted to the necessary manipulations for packing andtransport, whatever its content of morphine; 
"the Single Convention" means the Single Convention on
                           DANGEROUS DRUGS                           [CAP. 101.       3
Narcotic Drugs adopted at New York on the 30 March, 1961 as
subsequently amended by the Protocol adopted in Geneva on the 2 5
March, 1972.
(2) In this Ordinance, unless the context otherwise requires,
any reference to this Ordinance shall be deemed to include areference to rules made thereunder.
PART I
RAW OPIUM AND COCA LEA VES
Power to regulate 
the production of and dealing in raw opium and coca leaves.  
Amended by: 
L.N. 4 of 1963;XI. 1977.2;XLIX. 1981.4;XIII. 1983.5;L.N. 409 of 2007.3.(1) The Minister responsible for public health may make
rules for controlling or restricting the production, possession , sale
and distribution of raw opium or coca leaves, and in particular , but
without prejudice to the generality of the foregoing power, forprohibiting the production, possession, sale or distribution of  raw
opium or coca leaves except by persons licensed or otherwiseauthorised in that behalf.
(2) The Minister responsible for public health may fix such
penalties for the breach or non-observance of any rule as he ma y
think fit, not exceeding imprisonment for one month or a fine(multa ) of three hundred and forty-nine euro and forty-one cents
(349.41).
Prohibition of 
cultivation of opium or coca plant.4. No person shall cultivate the opium poppy ( papaver
somniferum ) or the coca plant ( Erythroxylum  Coca ).
PART II 
PREPARED OPIUM
Prohibition of 
exportation of pre-pared opium. 5. No person shall import or bring into, or export from Malta
any prepared opium.
Penalty for 
manufacturing, selling, using, etc. prepared opium.6. If any person -
(a) manufactures, sells or otherwise deals in prepared
opium; or
(b) has in his possession any prepared opium; or
(c) being the occupier of any premises permits those
premises to be used for the purpose of the preparationof opium for smoking or the sale or smoking ofprepared opium; or
(d) is concerned in the management of any premises used
for any such purpose as aforesaid; or
(e) has in his possession any pipes or other utensils for use
in connection with the smoking of opium, or anyutensils for use in connection with the preparation of
 4          CAP. 101. ]                    DANGEROUS DRUGS   
opium for smoking; or
(f) smokes or otherwise uses prepared opium, or frequents
any place used for the purposes of opium smoking, 
he shall be guilty of an offence against this Ordinance.
PART III 
INDIAN HEMP
Prohibition of 
importation and exportation of the resin from the plant Cannabis . 
Amended by: 
XXIII. 1980.6.7. No person shall import or bring into, or export from, Malta
any resin obtained from the plant Cannabis .
Penalty for dealing 
in, etc., the plant Cannabis . 
Substituted by: XXIII. 1980.3.8. If any person -
(a) has in his possession (otherwise than in the course of
transit through Malta or the territorial waters thereofthe resin obtained from the plant Cannabis  or any
preparations of which such resin formed the base; or
(b) produces, sells or otherwise deals in the resin obtained
from the plant Cannabis  or any preparations of which
such resin formed the base; or
(c) cultivates the plant Cannabis ; or
(d) has in his possession (otherwise than in the course of
transit through Malta or the territorial waters thereof)the whole or any portion of the plant Cannabis
(excluding its medicinal preparations); or
(e) sells or otherwise deals in the whole or any portion of
the plant Cannabis  (excluding its medicinal
preparations),
he shall be guilty of an offence against this Ordinance. 
PART IV
COCAINE, MORPHINE, ETC.
Control of 
manufacture and sale of cocaine. 
Amended by: 
L.N. 4 of 1963; XI. 1977.2.9.(1) For the purpose of preventing the improper use of the
drugs to which this Part of this Ordinance applies, the Ministe r
responsible for public health may make rules for controlling th e
manufacture, sale, possession and distribution of those drugs, and
in particular, but without prejudice to the generality of theforegoing power, for -
(a) prohibiting the manufacture of any drug to which this
                           DANGEROUS DRUGS                           [CAP. 101.       5
Part of this Ordinance applies except on premises
licensed for the purpose and subject to any conditionsspecified in the licence; and
(b) prohibiting the manufacture, sale or distribution of any
such drug except by persons licensed or otherwiseauthorized under the rules and subject to anyconditions specified in the licence or authority; and
(c) regulating the issue by medical practitioners of
prescriptions containing any such drug and thedispensing of any such prescriptions; and
(d) requiring persons engaged in the manufacture, sale or
distribution of any such drug to keep such books andfurnish such information either in writing or otherwiseas may be prescribed; and
(e) controlling or restricting the possession of or dealing
in any such drug while in transit through Malta.
Cap. 31.(2) The rules under this article shall provide for authorizing
any person who lawfully keeps open a shop for the retailing ofpoisons in accordance with the provisions of the 
Medical and
Kindred Professions Ordinance - 
(a) to manufacture at the shop in the ordinary course of his
retail business any preparation, admixture, or extractof any drug to which this Part of this Ordinanceapplies; or
(b) to carry on at the shop the business of retailing,
dispensing or compounding any such drug,
Cap. 37.subject to the power of the Minister responsible for public hea lth to
withdraw the authorization in the case of a person who has beenconvicted of an offence against this Ordinance or of an offenceunder the 
Customs Ordinance  as applied by this Ordinance, and
who cannot, in the opinion of the Minister responsible for publ ic
health properly be allowed to carry on the business ofmanufacturing or selling or distributing, as the case may be, a ny
such drug.
(3) Nothing in any rules made under this article shall be taken-  
Cap. 31.(a) to authorize the sale, or the keeping of an open shop
for the retailing, dispensing or compounding, ofpoisons by any person who is not qualified in thatbehalf under, or otherwise than in accordance with, theprovisions of the 
Medical and Kindred Professions
Ordinance ;
Cap. 31. (b) to be in derogation of the provisions of the Medical
and Kindred Professions Ordinance , for prohibiting,
restricting or regulating the sale of poisons.
 6          CAP. 101. ]                    DANGEROUS DRUGS   
Drugs to which 
Part IV applies. 
Amended by: 
L.N. 4 of 1963;XI. 1977.2; XXIII.1980.7; XLIX. 1981.6; VI.1994.3.10. (1) The drugs to which this Part of this Ordinance applies
are those mentioned in the First Schedule hereto.
Calculations of 
percentage in case of liquid preparations.(2) For the purpose of this article, percentages in the case of
liquid preparations shall, unless other provision in that behal f is
made by rules under this Ordinance, be calculated on the basis that
a preparation containing one per centum  of any substance means a
preparation in which one gramme of the substance, if a solid, o r one
millilitre of the substance, if a liquid, is contained in every  one
hundred millilitres of the preparation, and so in proportion fo r any
greater or less percentage.
(3) Where it appears to the Minister responsible for public
health that any other drug of whatever kind is or is likely to be
productive, if improperly used, or is capable of being converte d
into a substance which is, or is likely to be productive, ifimproperly used, of ill-effects substantially of the same chara cter
or nature as or analogous to those produced by the drugs mentio ned
in the First Schedule hereto, the said Minister may by order in  the
Gazette make any additions, variations or alterations to suchschedule.
(4) If the Minister responsible for public health thinks fit to
declare by order that a finding with respect to any preparationcontaining any of the drugs to which this Part of this Ordinanc e
applies has been communicated by the Secretary-General of theUnited Nations Organisation to the parties to the SingleConvention, the provisions of this Part of this Ordinance shall  as
from such date as may be specified in the order cease to apply to
the preparation specified therein.
Prohibition of 
trade, etc., in new drugs, and power to apply Part IV with or without modifications, to certain drugs. 
Amended by: 
L.N. 4 of 1963; XI.1977.2; XLIX. 1981.6; VI.1994.4.11. (1) It shall not be lawful for any person to trade in or
manufacture for the purpose of trade any products obtained fromany of the phenanthrene alkaloids of opium or from the ecgoninealkaloids of the coca leaf, not being a product which was on th e
l3th July, 1931, being used for medical or scientific purposes:
Provided that if the Minister responsible for public health is
at any time satisfied as respects any such products that it is of
medical or scientific value, he may by order direct that thissubarticle shall cease to apply to that product.
(2) If any person acts in contravention of subarticle (1), he
shall be guilty of an offence against this Ordinance. 
(3) If it is made to appear to the Minister responsible for publ ic
health that a decision with respect to any such product as ismentioned in subarticle (1) has been communicated by theSecretary-General of the United Nations Organisation to the par ties
to the Single Convention, the Minister responsible for publichealth, by order, may, as the case requires, either declare tha t the
provisions of this Part of this Ordinance shall apply to that p roduct
in the same manner as they apply to the drugs mentioned in  art icle
                           DANGEROUS DRUGS                           [CAP. 101.       7
10(1) or apply the said part to that product with such modifica tion
as may be specified in the order.
(4) The Minister responsible for public health may, by order,
apply this Part of this Ordinance with such modifications as ma y be
specified in the order, to any of the following drugs, that is to say
methylmorphine (commonly known as codeine), ethylmorphine(commonly known as dionin) and their respective salts.
PART V
CONTROL OF EXTERNAL TRADE
Interpretation of 
Part V . 
Amended by: 
XXIII. 1980.8.12. In this Part, unless the context otherwise requires- 
"conveyance" includes ship, aircraft, and any other means of
transport by which goods may be brought into or taken from Malt a;
"dangerous drug" means any drug to which Part IV of this
Ordinance applies, and includes raw opium, coca leaves, Indianhemp, and all preparations of which resins obtained from Indianhemp form the base, and, for the purposes of articles 15 to 18 both
inclusive, includes also the resins obtained from the Indian he mp;
"diversion certificate" means a certificate issued by the
competent authority of a country through which a dangerous drugpasses in transit, authorizing the diversion of such drug to a country
other than that specified as the country of ultimate destinatio n in
the export authorization, and containing all the particulars re quired
to be included in an export authorization, together with the na me of
the country from which the consignment was originally exported;
"export", with its grammatical variations and cognate
expressions, in relation to Malta, means to take or cause to be  taken
out of Malta by air or water, otherwise than in transit;
"export authorization" means an authorization issued by a
competent authority in a country from which a dangerous drug isexported, containing full particulars of such drug, and the qua ntity
authorized to be exported, together with the names and addresse s of
the exporter and the person to whom it is to be sent, and stati ng the
country to which, and the period within which, it is to be expo rted;
"import", with its grammatical variations and cognate
expressions, in relation to Malta, means to bring or cause to b e
brought into Malta by air or water, otherwise than in transit;
"import authorization" means a licence, issued by a competent
authority, authorizing the importation of a specified quantity of a
dangerous drug and containing full particulars of the drug, tog ether
 8          CAP. 101. ]                    DANGEROUS DRUGS   
with the name and address of the person authorized to import th e
drug, the name and address of the person from whom the drug is to
be obtained, and specifying the period within which the importa tion
must be effected;
"import certificate" means a certificate substantially in the F orm
A set out in the Second Schedule hereto, issued by a competent
authority in a country into which it is intended to import dang erous
drugs;
"in transit" means taken or sent from any country and brought
into Malta by air or water (whether or not landed or transhippe d in
Malta) for the sole purpose of being carried to another countryeither by the same or another conveyance.
Exportation of 
dangerous drugs. 
Amended by:
XVI 1960.3; XXIII. 1980.8; VI.1994.5.13. (1) Upon the production of an import certificate duly
issued by the competent authority in any country, it shall be l awful
for the Chief Government Medical Officer to issue an exportauthorization in the Form B set o ut in the Second Schedule here to
in respect of any drug referred to in the import certificate to  any
person who is named as the exporter in such certificate, and is ,
under the provisions of this Ordinance, otherwise lawfully enti tled
to export such drug from Malta. The export authorization shall be
prepared in triplicate and two copies shall be issued to the ex porter
who shall send one copy with the drug to which it refers when s uch
drug is exported. The Chief Government Medical Officer shall se nd
the third copy direct to the appropriate authority of the count ry of
ultimate destination. Subject to the provisions of subarticle ( 2), it
shall be in the absolute discretion of the Chief Government Med ical
Officer in all cases to issue or refuse an export authorization , as he
may see fit.
(2) No dangerous drugs shall be exported from Malta unless the
consignor is in possession of a valid and subsisting exportauthorization relating to such drug granted under this Ordinanc e.
(3) At the time of exportation of any dangerous drug the
exporter shall produce to the Comptroller of Customs thedangerous drug, the export authorization relating thereto, and such
other evidence as the Comptroller of Customs may require tosatisfy him that the drug is being lawfully exported to the pla ce and
person named in the authorization which refers to it.
Importation of 
dangerous drugs. 
Amended by: 
XXIII. 1980.8; VI.1994.6.14. (1) An import authorization in the Form C set out in the
Second Schedule hereto permitting the importation into Malta ofany dangerous drug specified therein may be granted by the Chie f
Government Medical Officer, subject to such conditions as he sh all
deem fit, to any person who may lawfully import such drug.
(2) Where an import authorization is issued in pursuance of
subarticle (1), the Chief Government Medical Officer shall alsoissue, in relation to the dangerous drug intended to be importe d, an
import certificate (Form A) which shall be forwarded by theintending importer to the person from whom the drug is to beobtained. When the importer to whom an import authorization isissued under this article intends to import the drug or drugs t o
which such authorization relates, in more than one consignment,  a
                           DANGEROUS DRUGS                           [CAP. 101.       9
separate import certificate shall be issued to him in respect o f each
such consignment.
(3) No dangerous drug shall be imported into Malta unless the
person to whom the drug is consigned is in possession of a vali d
and subsisting import authorization granted in pursuance of thi s
article.
(4) Every dangerous drug imported into Malta shall be
accompanied by a valid and subsisting export authorization ordiversion certificate.
Dangerous drugs, 
in transit.
Amended by: 
XVI. 1960.3;VI.1994.7.15. (1) No person shall bring any dangerous drug to Malta in
transit unless -
(a) the drug is in course of transit from a country from
which it may lawfully be exported, to another countryinto which such drug may lawfully be imported; and
(b) it is accompanied by a valid and subsisting export
authorization or diversion certificate, as the case maybe.
(2) Where any dangerous drug in transit is accompanied by an
export authorization or diversion certificate and the Comptroll er of
Customs has reasonable ground for believing that suchauthorization or certificate is false, or that it has been obta ined by
fraud or wilful misrepresentation of a material particular, it shall be
lawful for the Comptroller of Customs to seize and detain the d rug
to which such authorization or certificate relates. Upon beingsatisfied that such authorization or certificate is valid or ha s not
been obtained by fraud or misrepresentation as aforesaid theComptroller of Customs shall release the drug.
(3) Where any dangerous drug brought into Malta in transit is
landed, or transhipped in Malta, it shall remain under the cont rol of
the Comptroller of Customs and shall be moved only under and inaccordance with a removal licence granted in pursuance of artic le
16.
(4) Nothing in this article contained shall be deemed to apply
to any dangerous drug in transit by air if the aircraft passes over
Malta without landing, or to such quantities of dangerous drugs  as
may, bona fide , reasonably form part of the medical stores of any
ship or aircraft.
General 
prohibition on importation and exportation of dangerous drugs. 
Added by: 
VI.1994.8.15A. (1) No person shall import or export, or cause to be
imported or exported, or take any steps preparatory to importin g or
exporting, any dangerous drug into or from Malta except inpursuance of and in accordance with the provisions of thisOrdinance.
(2) For the purposes of this article the words "import" and
"export" and their grammatical variations and cognate expressio ns
shall have the meaning assigned to them in article 2(1).
 10          CAP. 101. ]                    DANGEROUS DRUGS   
Removal licences. 
Amended by: 
XVI. 1960.3;XXIII. 1980.8; VI. 1994.9.16. (1) No person shall - 
(a) remove any dangerous drug from the conveyance by
which it is brought into Malta in transit; or
(b) in any way move any such drug in Malta at any time
after removal from such conveyance,
except under and in accordance with a licence (in the Form D se t
out in the Second Schedule hereto and in this Ordinance referre d to
as a "removal licence") issued by the Comptroller of Customs. I n
all cases it shall be in the absolute discretion of the Comptro ller of
Customs to issue or refuse a removal licence as he shall deem f it.
(2) No removal licence for the transfer of any such drug to any
conveyance for removal out of Malta shall be issued unless anduntil a valid and subsisting export authorization or diversioncertificate relating to it is produced to the Comptroller of Cu stoms.
Drugs not to be 
tampered with. 
Amended by: 
XVI. 1960.3.17. It shall be unlawful for any person to cause any dangerous
drug in transit to be subjected to any process which would alte r its
nature, or wilfully to open or break any package containing adangerous drug in transit except under the instructions of theComptroller of Customs and in such manner as he may direct.
Diversion of 
dangerous drugs. 
Amended by: 
XXIII. 1980.8; VI.1994.10.18. (1) No person shall, except under the authority of a
diversion certificate in the Form E set out in the Second Sched ule
hereto, cause or procure any dangerous drug brought into Malta in
transit to be diverted to any destination other than that to wh ich it
was originally consigned. In the case of any drug in transitaccompanied by an export authorization or a diversion certifica te
issued by a competent authority of some other country, the coun try
to which the drug was originally consigned shall be deemed to b e
the country stated in such export authorization or diversioncertificate to be the country of destination.
(2) The Chief Government Medical Officer may in his absolute
discretion issue a diversion certificate in respect of any dang erous
drug in transit upon production to him of a valid and subsistin g
import certificate issued by a competent authority in the count ry to
which it is proposed to divert the drug, or upon such evidence as
may satisfy him that the drug is to be sent in a lawful manner and
for a proper purpose.
(3) A diversion certificate shall be issued in duplicate: one
copy thereof shall accompany the drug when it is exported fromMalta, and another copy shall be despatched by the ChiefGovernment Medical Officer direct to the proper authority in th e
country to which the consignment has been diverted.
(4) Upon the issue of a diversion certificate the export
authorization or diversion certificate (if any) accompanying th e
drug on its arrival in Malta shall be detained by the ChiefGovernment Medical Officer and returned to the authority issuin g
such export authorization or diversion certificate together wit h a
notification of the name of the country to which such drug has been
diverted.
                           DANGEROUS DRUGS                           [CAP. 101.       11
Powers of Chief 
Government Medical Officer.19. The powers and duties to be exercised and performed by
the Chief Government Medical Officer under this Part of thisOrdinance shall in the absence of the Chief Government MedicalOfficer be exercised and performed by the officer acting on hisbehalf.
PART VI 
GENERAL
Licences. 
Amended by: 
L.N. 4 of 1963; XI. 1977.2.20. Licences, permits or authorities for the purposes of this
Ordinance other than Part V thereof may be issued or granted bysuch person on such terms and subject to such conditions(including in the case of a licence the payment of a fee) as th e
Minister responsible for public health may by rule prescribe.
Power of 
inspection and seizure. 
Amended by: 
XXIII. 1980.4.21. (1) Any Police officer of a rank not inferior to that of sub-
inspector shall, for the purposes of the execution of this Ordi nance,
have power to enter the premises of any person carrying on thebusiness of a producer, manufacturer, seller or distributor of any
drugs to which this Ordinance applies and to demand theproduction of and to inspect any books or documents relating todealings in any such drugs and to inspect any stocks of any suc h
drugs.
(2) If any person wilfully delays or obstructs any person in the
exercise of his powers under this article or fails to produce o r
conceals or attempts to conceal any such books, stocks, drugs o r
documents as aforesaid, he shall be guilty of an offence agains t this
Ordinance.
Offences and 
penalties. 
Amended by:
XLVIII. 1975.2;XXIII. 1980.5;XIII. 1983.5;VIII. 1986.2; VIII. 1990.3;VI. 1994.11;XVI. 1996.2;II. 1998.8;VI. 2000.2;XVI. 2006.29;L.N. 409 of 2007;XXXI. 2007.35;IV . 2014.30;XXIV . 2014.88;VIII. 2015.41;III.2020.2.22.(1) Any person - 
(a) who acts in contravention of, or fails to comply with,
any provision of this Ordinance; or 
(b) who acts in contravention of, or fails to comply with,
the conditions of any licence or permit issued orauthority granted under or in pursuance of thisOrdinance; 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
 12          CAP. 101. ]                    DANGEROUS DRUGS   
commission in any place outside Malta of any offence
punishable 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, or does any actpreparatory to, or in furtherance of, any act which ifcommitted in Malta would constitute an offenceagainst this Ordinance; 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 anoffence of selling or dealing in a drug against thisOrdinance 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 these Islands against theprovisions of this Ordinance or who promotes,constitutes, organises or finances the conspiracy, 
shall be guilty of an offence against this Ordinance.
Cap. 217.For the purposes of paragraph ( e), the expression
"permanent resident" means a person in favour of whom a permit of
residence has been issued in accordance with the provisionscontained in article 7 of the 
Immigration Act.
(1A)  The conspiracy referred to in paragraphs ( d) and  (f) of the
preceding subarticle shall subsist from the moment in which anymode of action whatsoever is planned or agreed upon between suc h
persons.
(1B)  For the purposes of this Ordinance the word "dealing"
(with its grammatical variations and cognate expressions) withreference to dealing in a drug, includes cultivation in suchcircumstances that the court is satisfied that such cultivation  was not
for the exclusive use of the offender, 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 cultivation or importation in such
circumstances that the Court is satisfied that suchcultivation or importation was for the exclusive use of theoffender, the provisions of the 
Probation Act and of
article 21 of the  Criminal Code  shall not apply.
(1C) ( a) A person shall also be guilty of an offence against this
Ordinance who uses, transfers the possession of, 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 with
                           DANGEROUS DRUGS                           [CAP. 101.       13
intent to conceal or convert that money or property or
those 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 mentioned
in subarticle (1) or subarticle (1D)( a) or in
subarticle (1E); or
(ii) any act of commission or omission in any place
outside these Islands which if committed inthese Islands would constitute an offence undersubarticle (1) or subarticle (1D)( a).
(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.
(1D) ( a) A person shall also be guilty of an offence against this
Ordinance who sells or otherwise deals in a substancementioned in the Third Schedule hereto knowing orsuspecting that the substance is to be used in or for theproduction of a drug contrary to the provisions of thisOrdinance; and the definition of "dealing" in subarticle(1B) shall apply, mutatis  mutandis , to this subarticle. 
(b) The Minister responsible for public health may make
rules for controlling the manufacture, sale, possession,distribution, importation and exportation of any of thesubstances mentioned in the Third Schedule hereto andin particular, but without prejudice to the generality ofthe foregoing, for any of the purposes mentioned inarticle 9(1)( a) to ( e), in so far as applicable, the
reference to drugs in those paragraphs being construedas a reference to the said substances.
(1E) 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 cultivation, production or manufacture of any drug contrary  to
the provisions of this Ordinance and any such conduct as isprohibited under this subarticle shall be deemed for the purpos es of
this Ordinance as constituting an offence of selling or dealing  in a
drug against this Ordinance.
(1F) Any person who lands in Malta and is in possession of a
drug against the provisions of this Ordinance shall be exempt 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:
 14          CAP. 101. ]                    DANGEROUS DRUGS   
(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 is one under article 4 or under
article 8( c) except in such circumstances that the
Court is satisfied that such cultivation was for theexclusive use of the offender, or consists in
selling or dealing in a drug contrary to theprovisions of this Ordinance or in an offenceunder subarticle (1)( f), or of the offence of
possession of a drug, contrary to the provisionsof this Ordinance, under such circumstances thatthe court is satisfied that such possession wasnot for the exclusive use of the offender, or ofthe offences mentioned in subarticles (1C) or(1D) or (1E), to imprisonment for life:
Provided that:
(aa) where the court is of the opinion that,
when it takes into account the age ofthe offender, the previous conduct ofthe offender, the quantity of the drugand the nature and quantity of theequipment or materials, if any,involved in the offence and all othercircumstances of the offence, thepunishment 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
                           DANGEROUS DRUGS                           [CAP. 101.       15
(2,329.37) but not exceeding one hundred and
sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (116,468.67);and 
(ii) for any other offence to imprisonment for a term
of not less than twelve months but not 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 is one under article 4 or under
article 8( c) except in such circumstances that the
Court is satisfied that such cultivation was for theexclusive use of the offender,or consists in selling
or dealing in a drug contrary to the provisions ofthis Ordinance or in an offence under subarticle(1)(f), or of the offence of possession of a drug,
contrary to the provisions of this Ordinance,under such circumstances that the court issatisfied that such possession was not for theexclusive use of the offender, or of the offencesmentioned in subarticles (1C) or (1D) or (1E), toimprisonment for a term of not less than sixmonths but not exceeding ten years and to a fine(multa ) of not less than four hundred and sixty-
five euro and eighty-seven cents (465.87) butnot exceeding eleven thousand and six hundredand 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 the offence wascommitted shall be forfeited to the Government, and any suchforfeited article shall, if the court so orders, be destroyed o r
otherwise disposed of as may be provided in the order:
Provided that, for the purposes of this subarticle, when the
person charged has not attained the age of sixteen years and 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:
 16          CAP. 101. ]                    DANGEROUS DRUGS   
Provided further that where a person is convicted as
provided in paragraph ( a)(i) or paragraph ( b)(i) and the offence has
taken place in, or within 100 metres of the perimeter of, a sch ool,
youth club or centre, or such other place where young peoplehabitually meet, or the offence consists in the sale, supply,administration or offer to do any of these acts, to a minor, to  a
woman with child or to a person who is following a programme fo r
cure or rehabilitation from drug dependence, the punishment sha ll
be increased by one degree.
(2A) ( a) In giving a direction in accordance with sub-article (2)
the Attorney General shall give due consideration tothe guidelines included in the Fourth Schedule to thisOrdinance;
(b) Where the Attorney General has directed that the
person accused be tried in the Criminal Court inaccordance with sub-article (2), upon the terminationof the inquiry, if the Court of Magistrates, as a Courtof Criminal 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 the said court to order that he betried 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 proceedings:
Provided further that persons who, on the date of the
coming into force of this sub-article, are awaiting trial in th e
Criminal Court further to a direction given in terms of sub-art icle
(2) may, notwithstanding the other provisions of this paragraph , file
an application in the said court in terms of this paragraph by not
later than the 30th April 2015:
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.(2B) Where, upon conviction by the Criminal Court as provided
in sub-article (2)( a), after considering all the circumstances of the
case including the amount and nature of the drug involved, 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
                           DANGEROUS DRUGS                           [CAP. 101.       17
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.(2C)  Where it is established that an offence under this
Ordinance was committed by an officer of a body corporate as isreferred to in article 121D of the  
Criminal Code or by a person
having a power of representation or having such authority as isreferred to in that article and the offence was committed for t he
benefit, in part or in whole, of that body corporate, the said person
shall for the purposes of this Ordinance be deemed to be vestedwith the legal representation of the same body corporate whichshall 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) Where an offence against this Ordinance in respect of
which a person has been found guilty consists in or refers to t he
cultivation of a plant in a field, garden or similar tenement, the
court shall, in addition to any other punishment order the forf eiture
in favour of the Government of the entire immovable property inwhich the offence took place as described in the bill of indict ment
or in the charge:
Provided that where none of the persons found guilty as
aforesaid is an absolute owner or co-owner or bare owner of theimmovable property, and the offender holds it on any other titl e,
whether real or otherwise, the court shall order the forfeiture  of
such title in favour of the Government.
(3A)  Where an offence against this Ordinance in respect of
which a person has been found guilty consists in any of theoffences referred to in article 24A(1) the court shall, in addi tion to
any other punishment, in its sentence or at any time thereafter , at
the request of the prosecution - 
(a) where any immovable property, in Malta or in any
place outside Malta, has been used for the keeping orstoring, or for the selling or dealing in such drug, asdescribed in the bill of indictment or in the charge,order the forfeiture in favour of the Government of anyreal title which the offender holds on such immovableproperty;
(b) where the offender is not the absolute owner but holds
any other real title on the immovable property, or has atitle, other than a real title, in virtue of which he hasthe control of or a right of access to such property, thecourt shall order the offender to pay a fine ( multa ) of
not less than eleven thousand and six hundred andforty-six euro and eighty-seven cents (11,646.87) butnot exceeding sixty-nine thousand and eight hundredand eighty-one euro and twenty cents (69,881.20) asthe court shall determine after taking into account thevalue of the immovable property and the value of the
 18          CAP. 101. ]                    DANGEROUS DRUGS   
real title thereon, if any, forfeited as aforesaid;
Cap. 9.
Cap. 37. (c) saving the provisions of the Criminal Code  and of the
Customs Ordinance , make an order whereby the
provisions of paragraphs ( a) and ( b) shall be applied
mutatis  mutandis  to or in respect of any vessel or
vehicle, in Malta or in any place outside Malta, usedfor the keeping or storing, or for the selling or dealingin such drug; and
(d) order the forfeiture in favour of the Government of all
moneys or other movable property, and of the entireimmovable property of the person so found guilty evenif the immovable property has since the offender wascharged passed into the hands of third parties, andeven if the said monies, movable property orimmovable property are situated in any place outsideMalta.
Cap. 12.(3B) Where the proceeds of the offence have been dissipated or
for any other reason whatsoever it is not possible to identify and
forfeit those proceeds or to order the forfeiture of such prope rty the
value of which corresponds to the value of those proceeds the c ourt
shall sentence the person convicted or the body corporate, or t he
person convicted and the body corporate  in solidum , as the case
may be, to the payment of a fine ( multa ) which is the equivalent of
the amount of the proceeds of the offence. The said fine may berecovered as a civil debt and for this purpose the sentence of the
court shall constitute an executive title for all intents and p urposes
of the 
Code of Or ganization and Civil Procedure .
(3BA) Title IV of Part III of Book Second of the Criminal Code
shall mutatis mutandis  apply to proceedings for offences under this
Ordinance.
(4) No person shall, on conviction for any offence of
contravening or failing to comply with any rule under thisOrdinance relating to the keeping of books or the issuing ordispensing of prescriptions containing drugs to which thisOrdinance applies, be sentenced to imprisonment without theoption of a fine or to pay a fine exceeding one hundred and six teen
euro and forty-seven cents (116.47), if the court dealing with the
case is satisfied that the offence was committed throughinadvertence and was not preparatory to or committed in the cou rse
of or in connection with the commission or intended commission of
any other offence against this Ordinance.
(5) If any person attempts to commit an offence against this
Ordinance, or solicits or incites another person to commit such  an
offence, he shall, without prejudice to any other liability, be  liable
on conviction to the same punishment and forfeiture as if he ha d
committed an offence under this Ordinance.
Cap. 31. (6) Where the offence in respect of which a person is found
guilty under this Ordinance consists in the production, selling  or
otherwise dealing in a drug mentioned in this Ordinance, and su ch
person is either licensed under this Ordinance or under the Medical
and Kindred Professions Ordinance , or is in possession of a warrant
                           DANGEROUS DRUGS                           [CAP. 101.       19
issued under that Ordinance to practise a profession, or a call ing or
a trade, or the offence is committed in a place licensed under this
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 orderbeing made any such licence or warrant shall cease to have effe ct
for all purposes of law and in particular for the purpose of th is
Ordinance and of the Ordinance aforesaid.
Cap. 12.(7) Any decision as is mentioned in subarticles (3) and (3A)
ordering the forfeiture of immovable property or of any title t o such
property shall be deemed to be and shall be enforceable as a ci vil
judgment transferring that title in favour of the Government, a nd
the Attorney General shall, for the purposes of article 239 of the
Code of Organization and Civil Procedure, be considered as the
interested party that may obtain the registration of such trans fer.
Cap. 446.(8) Where it results to the court that the offender, other than an
offender convicted of an offence as is referred to in paragraph  (a)(i)
or subarticle (2)( b)(i), is in need of care and assistance for his
rehabilitation from dependence o n any dangerous drug (as define d
in article 12), the court may, instead of applying any of thepunishments provided for in the foregoing subarticles, place th e
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.(9) The provisions of articles 21 and 28A of the Criminal Code
and the provisions of the Probation Act shall not be applicable in
respect of any person convicted of an offence as is referred to  in
subarticle (2)( a)(i) or subarticle (2)( b)(i):
Cap. 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.
(10)  Where, in the case of a person convicted of an offence
referred to in subarticle (9), the court is satisfied that such  person is
in need of treatment for his rehabilitation from dependence on any
dangerous drug (as defined in article 12) and -
(a) the Minister responsible for public health certifies in
writing that such treatment may be given in prison, and
(b) the person so convicted agrees to submit to that
treatment, 
the court may, in passing sentence order that he be given such
treatment in prison (hereinafter referred to as an "order for
 20          CAP. 101. ]                    DANGEROUS DRUGS   
treatment") and for such period of time (hereinafter referred t o as
the "treatment period") as may be specified in the order (being  not
more than the period of time, as reduced in accordance with thi s
subarticle, which the person convicted is to serve in prison) a nd the
punishment of imprisonment which would, but for the provisions of
this subarticle, have been awarded (hereinafter referred to as the
"original punishment"), and which shall be expressly mentioned in
the sentence, shall be reduced by the court by not more than on e
third.
(11)  If during the treatment period, the court which made the
order for treatment is satisfied, on an application by the Atto rney
General that the person to whom the order refers has, without v alid
reason (the proof whereof shall lie on such person), refused th e
treatment or has conducted himself in a manner as to make histreatment, or that of other prisoners, difficult or ineffective , it shall
revoke such order and shall direct that the original punishment  be
served.
(12)  The court which made the order for treatment shall, on an
application made at any time during the treatment period by theperson to whom the order refers requesting the revocation of th at
order, revoke such order and shall direct that the originalpunishment be served.
(13)  The court which made the order for treatment may, on an
application made at any time during the treatment period by theperson to whom the order refers or by the Attorney General,discharge such order if it is satisfied that the treatment is n o longer
appropriate.
(14)  For the purposes of subarticles (10) to (13) -
(a) any decision of the court which revokes an order for
treatment and directs that the original punishment beserved shall not be subject to appeal;
(b) where an order for treatment is confirmed or varied by
the Court of Criminal Appeal, the order shall bedeemed to have been made by the said court;
(c) an order for treatment shall, unless it has been revoked
or discharged or has ceased to have effect earlier,cease to have effect upon the expiration or remissionof the punishment of imprisonment for the offence inrespect of which the order was made.
Cap. 9.(15) 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 24A(1) or the offence of posses sion
of a drug contrary to the provisions of this Ordinance, under s uch
circumstances that the court is satisfied that such possession was
not for the exclusive use of the offender, the provisions of ar ticles
121D and 248E(4) of the 
Criminal Code shall  apply  mutatis
mutandis .
                           DANGEROUS DRUGS                           [CAP. 101.       21
Freezing of 
property of person accused.
Added by: 
VIII.1986.3.
Amended by:
VI. 2000.3;L.N. 409 of 2007;XXXI. 2007.36;IV . 2014.31;XXXI.2019.13.22A. (1) Where a person is charged under article 22 of this
Ordinance, with selling or dealing in a drug, or with promoting ,
constituting, organising or financing a conspiracy under subart icle
(1)(f) of that article, or with the offence in subarticle (1C) of th e
same article, or with the offence of possession of a drug, cont rary
to the provisions of this Ordina nce, under such circumstances t hat
the court is satisfied that such possession was not for the exc lusive
use of the offender, the court shall at the request of the pros ecution
make an order -
(a) attaching in the hands of third parties in general all
moneys and other movable property due or pertainingor belonging to the accused, and
(b) prohibiting the accused from transferring or otherwise
disposing of any movable or immovable property: 
Provided that the court shall in such an order determine
what moneys may be paid to or received by the accused during th e
subsistence of such order, specifying the sources, manner and o ther
modalities of payment, including salary, wages, pension and soc ial
security benefits payable to the accused, to allow him and hisfamily a decent living in the amount, where the means permit, o f
thirteen thousand and nine hundred and seventy-six euro andtwenty-four cents (13,976.24) every year:
Provided further that the court may also - 
(a) authorise the payment of debts which are due by the
accused to bona fide  creditors and which were
contracted before such order was made; and
(b) on good ground authorise the accused to transfer
movable or immovable property.
(2) Such order shall -
(a) become operative and binding on all third parties
immediately it is made, and the Director of the Asset
Recovery Bureau shall cause a notice thereof to be
published without delay in the Gazette, and shall alsocause a copy thereof to be registered in the PublicRegistry in respect of immovable property, and
(b) remain in force until the final determination of the
proceedings, and in the case of a conviction until thesentence has been executed.
(3) The court may for particular circumstances vary such order,
and the provisions of the foregoin g subarticles shall apply to such
order as so varied.
(4) Every such order shall contain the name and surname of the
accused, his profession, trade or other status, father’s name,mother’s name and maiden surname, place of birth and place ofresidence and his identity card number.
(5) Where any money is or becomes due to the accused from
any person while such order is in force such money shall, unles s
otherwise directed in that order, be deposited in a bank to the  credit
of the accused.
 22          CAP. 101. ]                    DANGEROUS DRUGS   
(6) When such order ceases to be in force as provided in
subarticle (2)( b) the Director of the Asset Recovery Bureau shall
cause a notice to that effect to be published in the Gazette, a nd shall
enter in the Public Registry a note of cancellation of theregistration of that order.
(7) Where the court does not proceed forthwith to make an
order as required under sub-article (1), the court shall forthw ith
make a temporary freezing order having the same effect as an or der
made under this article, which temporary order shall remain inforce until such time as the court makes the order required by the
said article.
(8) Where for any reason whatsoever the court denies a request
made by the prosecution for an order under sub-article (1), the
Attorney General may, within three working days from the date o f
the court’s decision, apply to the Criminal Court to make therequired order and the provisions of this article shall apply mutatis
mutandis  to the order made by the Criminal Court under this sub-
article as if were an order made by the court under sub-article  (1).
The temporary freezing order made under sub-article (7) shall
remain in force until the Criminal Court determines the applica tion.
(9) The person charged may within three working days from
the date of the making of the order under sub-article (7) apply  to
the Criminal Court for the revocation of the order, provided th at
order shall remain in force unless revoked by the Criminal Cour t.
The Director of 
the Asset Recovery Bureau to conduct enquiries.
Added by:
IV . 2014.32.
Amended by:
XXXI.2019.14.22AB.  (1) Where the court makes any order as is referred to in
article 22A, it shall order the Director of the Asset Recovery Bureau
to conduct inquiries to trace and ascertain the whereabouts of any
moneys or other property, due or pertaining to or under the con trol
of the person charged or accused or convicted, as the case may be.
(2) Whosoever is required by the Director of the Asset Recovery
Bureau to provide information for the purpose of sub-article (1 )
shall comply with the demand within thirty days from the day ofreceipt of the demand.
(3) The demand made by the Director of the Asset Recovery
Bureau, and any reply thereupon in terms of this article, may a lso
be made by electronic mail.
Penalty for 
contravening court order. 
Added by: 
VIII. 1986.3.
Amended by:
VI. 1994.12;L.N. 409 of 2007;XXXI. 2007.37.22B.  Any person who acts in contravention of a court order
mentioned in article 22A shall be guilty of an offence and shal l on
conviction be liable to a fine ( multa ) not exceeding eleven thousand
and six hundred and forty-six euro and eighty-seven cents(11,646.87), or to imprisonment for a period not exceeding twel ve
months, or to both such fine an d imprisonment, and the court ma y
order the person so found guilty to deposit in a bank to the cr edit of
the accused the amount of moneys or the value of other movableproperty paid or delivered in contravention of that court order . Any
transfer or other disposal of any immovable property made incontravention of the said court order shall be null and withouteffect at law.
                           DANGEROUS DRUGS                           [CAP. 101.       23
Suspension Order.
Added by:
VI. 2000.4.
Cap. 31.22B.  bis  (1)  Where a person is charged as provided in article
22A(1) and such person is a person as is referred to in article  22(6)
or is a person in possession of a licence, permit or authority issued
to him by a competent authority in or in connection with theexercise of any art, trade, calling or other occupation and theoffence is committed in a place licensed under this Ordinance,under the 
Medical and Kindred Professions Ordinance  or under any
other law, the Court may, without prejudice to any other order that
it may make under the provisions of this article, at the reques t of
the prosecution make an order, hereinafter referred to as a''suspension order'', suspending such licence, permit or author ity. 
(2) The suspension order shall remain in force for the whole
duration of the proceedings until final judgement.
(3) Any person who does any act for the doing of which a
licence, permit or authority is required under any law and such  act
is done when that licence, permit or authority had been suspend ed
by virtue of a suspension order shall be deemed to have so acte d
without the required licence, permit or authority. 
Special court pro-
ceedings. 
Added by: 
VIII. 1986.3.  
Amended by: 
VI.1994.13;XXIV . 2014.89.22C.  (1) Where an order of forfeiture is made under   of
subarticle 22(3A)( d), the person found guilty, or the third party
therein mentioned, may bring an action for a declaration that a ny or
all of the movable or immovable property so forfeited is not pr ofits
or proceeds from the commission of any offence under thisOrdinance (whether or not so adjudged by a court of criminaljustice) nor property acquired or obtained, directly or indirec tly, by
or through any such profits or proceeds.
(2) Such action shall be brought not later than three months
from the date on which the sentence ordering the forfeiture sha ll
have become definite, by an application in the Civil Court, Fir st
Hall.
(3) The applicant shall attach to the application all such
documents in support of his claim as it may be in his power toproduce and shall indicate in his application the names of all the
witnesses he intends to produce, stating in respect of each the  proof
which he intends to make.
(4) The court shall, without delay, set down the application for
hearing at an early date, which date shall in no case be later than
thirty days from the date of the filing of the application.
(5) The application and the notice of the date fixed for hearing
shall be served on the Commissioner of Police without delay, an d
the said Commissioner shall file his reply thereto within fifte en
days after the date of the service of the application.
(6) The court shall hear the application to a conclusion within
twenty working days from the date fixed for the original hearin g of
the application, and no adjournment shall be granted except eit her
with the consent of both parties  or for an exceptional reason t o be
recorded by the court, and such adjourned date shall not be lat er
than that justified by any such reason.
Cap. 12.(7) Saving the preceding provisions of this article, the
provisions of the Code of Organization and Civil Procedure
 24          CAP. 101. ]                    DANGEROUS DRUGS   
relating to proceedings before the Civil Court, First Hall, sha ll
apply in relation to any such application.
(8) Subject to sub-article (9) any decision revoking the
forfeiture of immovable property shall be deemed to transfer th e
title of such property back from the Government to the party infavour of whom it is given, and such party may obtain theregistration of such transfer in the Public Registry.
Cap. 12.(9) Where a decision has been taken revoking the forfeiture of
any movable or immovable property under this article, andprovided that the person convicted or the body corporate, or th e
person convicted and the body corporate in solidum , as the case
may be, have not been so sentenced, the Court shall sentence th e
said persons, to the payment of a fine ( multa ) which is the
equivalent of the amount of the proceeds of the offence. The sa id
fine may be recovered as a civil debt and for this purpose thesentence of the court shall constitute an executive title for a ll
intents and purposes of the 
Code of Organization and Civil
Procedure .
Reversion of 
property ceasing to be forfeited. 
Added by: 
VIII. 1986.3.22D.  When the court allows the demand for a declaration as
provided in article 22C(1) in respect of any property forfeited , such
property shall cease to be forfeited and shall revert to the ap plicant
in virtue of the judgment upon its becoming definite, and theapplicant shall thereupon be entitled to the recovery of the in come
received by the Government from such property during the periodof its forfeiture.
Destruction of 
drugs after drawing up a procès- 
verbal. 
Added by: 
VIII.1986.4. 
Amended by: 
VI.1994.14. 22E.  (1) At the commencement of proceedings under article
22, the drug in respect of which a person is charged shall beexhibited materially in court, as far as possible, and the foll owing
procedure shall be followed.
(2) The court shall appoint a photographic expert to take
pictures, as shall be indicated by the court, of the drug in it s
containers, wrappings, packages or receptacles, and shall alsoappoint an expert to analyse and establish the exact quantity, kind
and form and give the most accurate description of the drug, an d to
take samples thereof for preservation as evidence.
(3) The experts shall, as early as possible, file in court and
confirm on oath a written report of their findings, together wi th the
photographs and samples aforementioned.
(4) The court, upon being satisfied with such report or reports
shall proceed to have the drug, other than the samples, destroy ed
under its supervision and draw up a procès-verbal.
(5) The procès-verbal  shall be deemed to have been regularly
drawn up if it contains a short description of the drug, the ex perts
report or reports are attached thereto and it is signed by the court.
(6) The procès-verbal  drawn up as aforesaid shall be evidence
of its contents in any criminal proceedings.
(7) The provisions of subarticle (2) shall not apply where the
drug has already been photographed and analysed by expertsappointed in the course of the inquiry relating to the in genere ,
                           DANGEROUS DRUGS                           [CAP. 101.       25
unless the court, in the particular circumstances of the case, shall
deem it necessary to have the drug photographed and analysedagain.
(8) The omission of any of the precautions or formalities
referred to in this article shall be no bar to proving, in any manner
allowed by law, the facts to which such precaution or formalityrelates.
Definition of the 
expression "corresponding law". Substituted by: VI.1994.15. 23. For the purposes of articles 22 and 30B the expression
"corresponding law" means any law stated in a certificatepurporting to be issued by or on behalf of the Government of an y
country outside Malta to be a law providing, whether exclusivel y or
otherwise, for the control or regulation in that country of themanufacture, sale, use, possession, transfer, export or import of, or
dealing in, dangerous drugs, narcotics or psychotropic substanc es;
and any statement in any such certificate as to the effect of t he law
mentioned in the certificate, or any statement in any suchcertificate that any facts constitute an offence against that l aw, shall
be conclusive.
Power of arrest. 24. Any Police officer may arrest without warrant any person
who has committed, or attempted to commit, or is reasonablysuspected by the officer of having committed or attempted tocommit, an offence against this Ordinance, if he has reasonableground for believing that that person will abscond unless arres ted,
or if the name and address of that person are unknown to andcannot be ascertained by him.
Additional powers 
of investigation. 
Added by:
VI. 1994.16.
Amended by:
XVI. 1996.3;VI. 2000.5;L.N. 409 of 2007;XXXI. 2007.38;IV . 2014.33;VIII.2020.83.24A. (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
22(1)( e) or ( f), or
(c) is guilty of an offence mentioned in article 22(1)( d)
with reference to any of the offences referred to in theforegoing paragraphs of this subarticle, or
(d) is guilty of the offence mentioned in article 22(1C), or
(e) is guilty of the offence of possession of a drug contrary
to the provisions of this Ordinance, under suchcircumstances that the court is satisfied that suchpossession was not for the exclusive use of theoffender,
he may apply to the Criminal Court for an order (hereinafter
referred to as an "investigation order") that a person (includi ng a
body or association of persons, whether corporate or unincorpor ate)
named in the order who appears to be in possession of particula r
material or material of a particular description which is likel y to be
of substantial value (whether by itself or together with othermaterial) to the investigation of, or in connection with, the s uspect,
shall produce or grant access to such material to the person or
 26          CAP. 101. ]                    DANGEROUS DRUGS   
persons indicated in the order; and the person or persons so
indicated shall, by virtue of the investigation order, have the  power
to enter any house, building or other enclosure for the purpose  of
searching for and seizing such material.
(2) Where an investigation order has been made or applied for,
whosoever, knowing or suspecting that the investigation is taki ng
place, makes any disclosure likely to prejudice the saidinvestigation shall be guilty of an offence and shall, on convi ction,
be liable to a fine ( multa ) not exceeding eleven thousand and six
hundred and forty-six euro and eighty-seven cents (11,646.87) o r to
imprisonment not exceeding twelve months, or to both such fineand imprisonment:
Provided that in proceedings for an offence under this
subarticle, it shall be a defence for the accused to prove that  he did
not know or suspect that the disclosure was likely to prejudice  the
investigation.
(3) An investigation order:
Cap. 9.
Cap.12. (a) shall not confer any right to production of, access to,
or search for communications between an advocate orlegal procurator and his client which would in legalproceedings be protected from disclosure by article642(1) of the 
Criminal Code  or by article 588(1) of the
Code of Or ganization and Civil Procedure;
(b) shall, without prejudice to the provisions of the
foregoing paragraph, have effect notwithstanding anyobligation as to secrecy or other restriction upon thedisclosure of information imposed by any law orotherwise; and
(c) may be made in relation to material in the possession
of any government department.
(4) Where the material to which an application under subarticle
(1) relates consists of information contained in a computer, th e
investigation order shall have effect as an order to produce th e
material or give access to such material in a form in which it can be
taken away and in which it is visible and legible.
(5) Any person who, having been ordered to produce or grant
access to material as provided in subarticle (1) shall, without  lawful
excuse (the proof whereof shall lie on him) wilfully fail or re fuse to
comply with such investigation order, or who shall wilfully hin der
or obstruct any search for such material, shall be guilty of anoffence and shall, on conviction, be liable to a fine ( multa ) not
exceeding eleven thousand and six hundred and forty-six euro an d
eighty-seven cents (11,646.87) or to imprisonment not exceedingtwelve months, or to both such fine and imprisonment.
(6) Together with or separately from an application for an
investigation order, the Attorney General may, in the circumsta nces
mentioned in subarticle (1)( a) to ( e), apply to the Criminal Court
for an order (hereinafter referred to as an "attachment order")  -
(a) attaching in the hands of such persons (hereinafter
                           DANGEROUS DRUGS                           [CAP. 101.       27
referred to as "the garnishees") as are mentioned in the
application all moneys and other movable property dueor pertaining or belonging to the suspect,
(b) requiring the garnishee to declare in writing to the
Attorney General, not later than twenty-four hours
from the time of service of the order, the nature andsource of all money and other moveable property soattached, and
(c) prohibiting the suspect from transferring or otherwise
disposing of any moveable or immoveable property.
(6A)  Where an attachment order has been made or applied for,
whosoever, knowing or suspecting that the attachment order hasbeen so made or applied for, makes any disclosure likely toprejudice the effectiveness of the said order or any investigat ion
connected with it shall be guilty of an offence and shall, onconviction, be liable to a fine ( multa ) not exceeding eleven
thousand and six hundred and forty-six euro and eighty-seven ce nts
(11,646.87) or to imprisonment not exceeding twelve months, or to
both such fine and imprisonment:
Provided that in proceedings for an offence under this
subarticle, it shall be a defence for the accused to prove that  he did
not know or suspect that the disclosure was likely to prejudice  the
investigation or the effectiveness of the attachment order.
(7) Before making an investigation order or an attachment
order the court may require to hear the Attorney General inchambers and shall not make such order -
(a) unless it concurs with the Attorney General that there
is reasonable cause as provided in subarticle (1); and
(b) in the case of an investigation order, unless the court is
satisfied that there are reasonable grounds forsuspecting that the material to which the applicationrelates-
(i) is likely to be of substantial value (whether by
itself or together with other material) to theinvestigation for the purpose of which theapplication is made, and
(ii) does not consist of communications referred to
in subarticle (3)( a).
Cap. 12. (8) The provisions of article 381(1)( a), (b) and ( e) and of
article 382(1) of the Code of Organization and Civil Procedure
shall, mutatis mutandis , apply to the attachment order.
(9) An attachment order shall be served on the garnishee and
on the suspect by an officer of the Executive Police.
(10) Any person who acts in contravention of an attachment
order shall be guilty of an offence and shall, on conviction, b e
liable to a fine ( multa ) not exceeding eleven thousand and six
hundred and forty-six euro and eighty-seven cents (11,646.87) o r to
imprisonment for a period not exceeding twelve months, or to bo th
such fine and imprisonment:
 28          CAP. 101. ]                    DANGEROUS DRUGS   
Provided that where the offence consists in the payment or
delivery to any person by the garnishee of any moneys or othermoveable property attached as provided in subarticle (6)( a) or in
the transfer or disposal by the suspect of any moveable orimmoveable property in contravention of subarticle (6)( c), the fine
shall always be at least twice the value of the money or proper ty in
question:
Provided further that any act so made in contravention of
that court order shall be null and without effect at law and th e court
may, where such person is the garnishee, order the said person to
deposit in a bank to the credit of the suspect the amount of mo neys
or the value of other movable property paid or delivered incontravention of that court order.
(11) An attachment order shall, unless it is revoked earlier by
the Attorney General by notice in writing served on the suspect  and
on the garnishee in the manner provided for in subarticle (9), cease
to be operative on the expir ation of six (6) months from the date on
which it is made; and the court shall not make another attachme nt
order with respect to that suspect unless it is satisfied thatsubstantially new information with regards to any of the actsmentioned in subarticle (1)( a) to (e) is available:
Provided that the said period of six (6) months shall be held in
abeyance for such time as the suspect is away from these Island s
and the Attorney General informs of this fact the garnishee bynotice in writing served in the manner provided for in subartic le
(9).
(12)  In the course of any investigation of an offence against t his
Ordinance, the Executive Police may request a magistrate to hea r
on oath any person who they believe may have informationregarding such offence; and the magistrate shall forthwith hear  that
person on oath.
Cap. 9.(13)  For the purpose of hearing on oath a person as provided in
subarticle (12) the magistrate shall have the same powers as ar e by
law vested in the Court of Magistrates (Malta) or the Court ofMagistrates (Gozo) as a Court of Criminal Inquiry as well as th e
powers mentioned in article 554 of the 
Criminal Code; provided
that such hearing shall always take place behind closed doors.
(14)  It shall not be lawful for any court to issue a warrant of
prohibitory injunction to stop the execution of an investigatio n,
attachment or suspension order. 
Powers of 
investigation in connection with offences cognizable by courts outside Malta. 
Added by: 
XVI.1996.4.
Amended by:
II. 1998.8;XXXI. 2007.39.24B.  (1) Where the Attorney General receives a request made
by a judicial or prosecuting authority of any place outside Mal ta for
investigations to take place in Malta in respect of a person(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 24A(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
shall mutatis mutandis apply to that application and to the suspect
and to any investigation or attachment order made by the court as a
                           DANGEROUS DRUGS                           [CAP. 101.       29
result of that application.
(2) The words "investigation order" in the same article 24A(2)
and (5) shall be read and construed as including an investigati on
order made under the provisions of this article.
(3) The words "attachment order" in the same article 24A(6A)
shall be read and construed as including an attachment order ma de
under the provisions of this article.
Freezing of 
property of person accused with offences cognizable by Courts outside Malta.
Added by:
XVI. 1996.4.
Amended by:
XXXI. 2007.40.24C.  (1) Where the Attorney General receives a request made
by a judicial or prosecuting authority of any place outside 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 24A(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) and the provisions of the s aid
article 22A shall, subject to the following provisions of this article,
apply mutatis mutandis to that order.
(2) The first proviso of article 22A(1) shall not apply to a
freezing order made under this article unless:
(a) the accused is present in Malta on the date the order is
made; or
(b) the Attorney General or any other interested person
present in Malta applies to the court, before or afterthe order is made, for the application of that proviso in
which case the court shall only apply the proviso to theextent that it is satisfied that the application of theproviso is necessary to allow the accused and hisfamily a decent living.
(3) In the case of a freezing order under this article it shall be
sufficient that the order contains at least four of the particu lars
referred to in article 22A(4) and may also contain any otherparticulars, including the passport number, of the accused as m ay
be useful to identify the accused.
(4) Subject to the provisions of subarticle (5), a freezing orde r
under this article shall remain in force for a period of six mo nths
from the date on which it is made but shall be renewed by the c ourt
for further periods of six months upon an application for thatpurpose by the Attorney General and upon the court being satisf ied
that:
(a) the conditions which led to the making of the order
still exist; or
(b) that the accused has been convicted of an offence as is
referred to in subarticle (1) in the proceedings referred
to in the same subarticle and the sentence in regard tothe accused in those proceedings or any confiscation
 30          CAP. 101. ]                    DANGEROUS DRUGS   
order consequential or accessory thereto, whether
made in civil or criminal proceedings, has not beenexecuted:
Provided that where the accused has been convicted as
aforesaid but no confiscation order has been made in the senten ce
in respect of that conviction the freezing order shall neverthe less be
renewed as requested by the Attorney General where the court issatisfied that civil or criminal proceedings for the making of such
an order are pending or are imminent. 
(5) Any freezing order under this article may be revoked by the
Court before the expiration of the period laid down in subartic le
(4):
(a) at the request of the Attorney General; or
(b) at the request of any interested person and after
hearing the Attorney General upon the court beingsatisfied:
(i) that the conditions which led to the making of
the order no longer exist; or
(ii) that there has been a final decision in the
proceedings referred to in subarticle (1) byvirtue of which the accused has not been foundguilty of any offence as is referred to in the samesubarticle.
(6) Article 22B shall also apply to any person who acts in
contravention of a freezing order under this article.
Enforcement of 
confiscation orders made by courts outside Malta following conviction for offences cognizable by 
those courts. 
Added by:
XVI. 1996.4.
Amended by:
XXXI. 2007.41.24D.  (1) A confiscation order made by a court outside Malta
shall be enforceable in Malta in accordance with the followingprovisions of this article.
(2) Where the Attorney General receives a request made by a
judicial or prosecuting authority of any place outside Malta fo r the
enforcement in Malta of a confiscation order made by a competen t
court in that place (hereinafter referred to as a "foreign conf iscation
order") the Attorney General may bring an action in the First H all
of the Civil Court by an application containing a demand that t he
enforcement in Malta of the foreign confiscation order be order ed.
(3) The Attorney General shall attach to the application a copy
of the relevant foreign confiscation order together with all su ch
documents in support of the demand as it may be in his power toproduce and shall indicate in his application the names of all the
witnesses he intends to produce, stating in respect of each the  proof
which he intends to make.
(4) The application shall be served on the person whose
property the foreign confiscation order purports to confiscate who
shall file his reply within fifteen days after the date of the service
of the application. The reply shall contain a list of the witne sses
which the respondent intends to produce stating in respect of e ach
the proof which he intends to make and the respondent shall att ach
to the reply all such documents he intends to produce in eviden ce as
it may be in his power to produce.
                           DANGEROUS DRUGS                           [CAP. 101.       31
(5) The court shall without delay, set down the application for
hearing at an early date, which date shall in no case be later than
thirty days from the date of the filing of the application.
(6) The court shall not order the enforcement in Malta of the
foreign confiscation order if:
(a) the respondent had not been notified of the
proceedings which led to the making of the relevantforeign confiscation order so as not to have had anadequate opportunity to contest the making of thesame order;
(b) the foreign confiscation order was obtained by fraud
on the part of any person to the prejudice of therespondent;
(c) the foreign confiscation order contains any disposition
contrary to the public policy, or the internal public lawin force in Malta;
(d) the foreign confiscation order contains contradictory
dispositions.
(7) A decision by the court ordering the enforcement of a
foreign confiscation order shall have the effect of forfeiting in
favour of the Government of Malta all things and propertywhatsoever situated in Malta the confiscation of which had beenordered in the foreign confiscation order subject to any direct ions
which the Government of Malta may give providing for the furthe r
disposal of the same things and property so forfeited.
Cap. 12.(8) The decision ordering the enforcement of a foreign
confiscation order which provides for the forfeiture of immovab le
property or of any title to such property shall have the effect  of
transferring that immovable property or that title to theGovernment of Malta and for the purposes of article 239 of the
Code of Organization and Civil Procedure the Attorney General
shall be considered as the interested party that may obtain theregistration of such transfer.
(9) The decision ordering the enforcement of a foreign
confiscation order which provides for the forfeiture of unspeci fied
property the value of which corresponds to proceeds shall, uponbeing registered in the Public Registry Office, create as from the
day of registration a hypothec in regard to the debt amounting to
the said value.
(9A) When the foreign confiscation order consists in the
requirement to pay a sum of money, the court shall convert theamount thereof into Maltese currency at the rate of exchange ru ling
on the date of the decision ordering the enforcement.
Cap. 12.(10) Where the Attorney General receives a request as is
referred to in subarticle (2) the Attorney General may, for thepurpose of securing any or all of the property which the foreig n
confiscation order purports to confiscate or forfeit, apply to the
Civil Court, First Hall, for the issue of all or any of theprecautionary acts referred to in article 830 of the 
Code of
 32          CAP. 101. ]                    DANGEROUS DRUGS   
Organization and Civil Procedure :
Provided that the aforesaid article 830(2) and article
836(1)( c), (d) and (e) and of the Code of Organization and Civil
Procedure  shall not apply to any precautionary act issued by virtue
of this article.
(11) Saving the preceding provisions of this article, the
provisions of the Code of Organization and Civil Procedure
relating to proceedings before the Civil Court, First Hall, sha ll
apply in relation to any application under this article.
(12) For the purposes of this article:"confiscation order" includes any judgement, decision,
declaration, or other order made by a court whether of criminal  or
civil jurisdiction providing or purporting to provide for theconfiscation or forfeiture of:
(i) proceeds;
(ii) property into which proceeds have been
transformed or converted;
(iii) property with which proceeds have been
intermingled;
(iv) income or other benefits derived from (i), (ii),
and (iii);
(v) property the value of which corresponds to
proceeds; or
(vi) dangerous drugs, materials and equipment or
other instrumentalities used in or intended foruse in any manner in a relevant offence;
"proceeds" means any economic advantage and any property
derived from or obtained, directly or indirectly, through thecommission of a relevant offence and includes any income or oth er
benefits derived from such property;
"property" means assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, andlegal documents or instruments evidencing title to, or interest  in,
such assets; 
"relevant offence" means any offence consisting in any act or
omission which if committed in these Islands, or in correspondi ng
circumstances, would constitute any of the offences mentioned i n
article 24A(1)( a), (b), (c), (d) and (e).
Meaning of 
importation and exportation under licence.25. For the purposes of this Ordinance, any article shall be
deemed to be imported under licence or exported under licence i f
the importer or exporter, as the case may be, is the holder of a
licence or authorization issued under this Ordinance authorizin g the
importation or exportation, as the case may be, of the article and
complies with the conditions, if any, of the licence or authori zation,
but not otherwise.
Burden of proof. 
Amended by: 
VI.1994.17.26. (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 or
                           DANGEROUS DRUGS                           [CAP. 101.       33
defence, and the burden of proving any such matter shall lie on  the
person seeking to avail himself thereof.
(2) When the offence charged is that of possession of, or of
selling or dealing in, a drug contrary to the provisions of 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 of dealing in, that
other thing would have been, in the circumstances, in breach of  any
other provision of this Ordinance or of any other law.
Detention during 
inquiry. 
Added by: 
VIII. 1986.5. 
Amended by: 
VIII. 1990.3; VI.1994.18;VIII. 2015.41.  
Cap. 9.27. Notwithstanding the provisions of the Criminal Code , and
saving the extensions by the President of Malta of the term of the
inquiry as provided in article 401(1) of that Code, where the
Attorney General has directed that a person charged with sellin g or
dealing in a drug against this Ordinance or charged with promot ing,
constituting, organising or financing a conspiracy under articl e
22(1)( f) or with the offence mentioned in article 22(1C) is to be
tried in the Criminal Court, such person shall be arraigned und er
arrest and the Court of Magistrates as a court of criminal inqu iry
shall conclude the inquiry within the term of thirty days from the
arraignment, and until the expiration of that term or, if the i nquiry
is concluded at an earlier date, until such day, the person acc used
shall not be granted temporary release from custody, but at the  end
of those thirty days or such earlier date as aforesaid, the cou rt may
grant temporary release from custody in accordance with theprovisions of that Code:
Provided that if the term of the inquiry is held in abeyance
for the reason specified in article 402(1)( c) of the 
Criminal Code,
the court may nonetheless grant temporary release from custodyafter the lapse of thirty days from the arraignment.
Pecuniary penalty 
recoverable as a civil debt. 
Added by: 
VIII. 1986.5.28. (1) On a conviction for an offence against this Ordinance,
the pecuniary penalty shall, at the request of the prosecution,  be
deemed to be a civil debt and shall be declared by the competen t
court in passing judgment as being so owed and payable toGovernment and shall be executable in the same court pronouncin g
judgment in the same manner as if it had been given in a civilaction duly instituted between the Government and the personconvicted.
Cap. 9.(2) Where however the prosecution informs the competent
court that the pecuniary penalty has not been recovered by theGovernment as provided for in the preceding subarticle, suchpenalty or any part thereof not recovered, shall be treated as a fine
(multa or ammenda)  as inflicted by the court and shall be converted
into imprisonment, without the benefit of time for payment, inaccordance with the provisions of the 
Criminal Code .
Diminution of 
punishment.
Added by: 
VIII. 1986.5.29. Where in respect of a person found guilty of an offence
against this Ordinance, the prosecution declares in the records  of
the proceedings that such person has helped the Police toapprehend the person or persons who supplied him with the drug,or the person found guilty as aforesaid proves to the satisfact ion of
 34          CAP. 101. ]                    DANGEROUS DRUGS   
the court that he has so helped  the Police, the punishment shal l be
diminished, as regards imprisonment by one or two degrees, and as
regards any pecuniary penalty by one-third or one-half.
Evidence by 
accomplice.
Added by: 
VIII. 1986.5. Cap. 9.*
30. Notwithstanding the provisions of article 639(3) of the
Criminal Code  where a person has purchased or otherwise obtained
or acquired a drug contrary to the provisions of this Ordinance , the
evidence of such person in proceedings against the person fromwhom he shall have purchased, obtained or acquired the drug, sh all
not require to be corroborated by other circumstances.
Statement may be 
admitted as evidence. 
Added by: 
VI.1994.19. Cap. 9.30A.  Notwithstanding the provisions of article 661 of the
Criminal Code, where a person is involved in any offence against
this Ordinance, any statement made by such person and 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: 
VI.1994.19.
Amended by:
II. 1998.8;VI. 2000.6.30B. (1) Notwithstanding anything contained in any other law,
it shall be lawful for the Execu tive Police and, where appropri ate,
the Customs Authorities to allow, with the consent of the Attor ney
General or of a magistrate, a controlled delivery to take place .
(2) For the purposes of this article a controlled delivery means
the technique of allowing an illicit or suspect consignment of a
dangerous drug (as defined in article 12) or of money, property  or
proceeds as referred to in article 22(1C)( a) to pass out of, through
or into Malta, or from one place or person in Malta to another place
or person in Malta, or into the territory of another country, w ith the
knowledge and under the supervision of the Executive Police and ,
where appropriate, of the Customs Authorities and of thecompetent authorities of such other country, with a view toidentifying persons involved in commission of offences under th is
Ordinance or under the corresponding law in force in the territ ory
of such other country.
(3) It shall also be lawful for the Executive Police or for a
person under the supervision or direction of the Executive Poli ce,
with a view to identifying persons involved in the commission o f
offences under this Ordinance, and with the consent of the Atto rney
General or of a magistrate, to acquire or procure a dangerous d rug
(as defined in article 12) or a suspect consignment of money,property or proceeds as referred to in article 22(1C)( a) from any
person or place.
Persons transferred 
to Malta from abroad for the purposes of giving evidence or assisting in an investigation, etc. 
Added by: 
XVI.1996.5.30C. (1) Subject to the provisions of subarticle (2), where a
witness, expert or other person in a foreign country consents, in
respect of an offence contrary t o the provisions of this Ordina nce,
to give evidence in a proceeding or to assist in an investigati on,
prosecution or judicial proceeding in Malta following a request  for
assistance to that effect made by the competent authority in Ma lta
to the competent authority in that foreign country that witness ,
*See article 7 of Act VIII of 1986.
                           DANGEROUS DRUGS                           [CAP. 101.       35
expert or other person shall not, while in Malta, be prosecuted ,
detained, punished or subjected to any other restriction of hispersonal liberty in respect of acts, omissions or convictions p rior to
his departure from the foreign country.
(2) The provisions of subarticle (1) shall cease to apply when
the witness, expert or other person:
(a) fails to leave Malta, after having had the opportunity
to do so, within a period of fifteen consecutive daysfrom the date on which he has been served by the
Attorney General with a notice informing him that his
presence in Malta is no longer required; or
(b) having left Malta, has returned of his own free will.
Co-operation in the 
suppression of relevant offences at sea. 
Added by:
XVI. 1996.5.
Amended by:
XVI. 2006.29;XXIV . 2007.7.30D. (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 t he
subarticle (1), subject to the conditions as may have been agre ed
upon as provided in the same subarticle, shall be authorised to  take
the appropriate measures and to exercise on board the vessel inregard to which appropriate measures have been authorised underthis article all such powers of arrest, entry, search and seizu re as are
vested in the executive police of Malta.
(3) For the purposes of this article:"relevant offence" shall have the same meaning assigned to it b y
article 24D(12) ;
"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; and
"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.
 36          CAP. 101. ]                    DANGEROUS DRUGS   
European 
Agreement on 
Illicit Traffic by Sea.
Added by:
VI. 2000.7.Cap. 304.30E. (1) In virtue of this article and for the purposes of the
Ratification of Treaties Act, the Government is authorised to
accede to the Agreement on Illicit Traffic by Sea implementing
Article 17 of the United Nations Convention against Illicit Tra ffic
in Narcotic Drugs and Pyschotropic Substances, done at Strasbou rg
on the 31st day of January, 1995, hereinafter in this article r eferred
to as ''the European Convention''.
(2) The Minister responsible for the Police may make
regulations generally for implementing the provisions of theEuropean Convention and may, in particular, by such regulations :
(a) extend the jurisdiction of the Maltese courts;
(b) authorise the boarding, search and arrest of vessels;
(c) provide that certain officials, whether Maltese or
foreign, shall, for the purpose of any law in Malta, beconsidered as officers protected by those laws;
(d) provide for the designation of authorities for the
purposes of the European Convention;
Cap. 31.(e) provide for the application of these regulations and of
the provisions of this Ordinance to the drugs to whichthe provisions of the 
Medical and Kindred Professions
Ordinance  apply, in accordance with the said European
Convention,
all as provided in the said European Convention, and may moreov er
provide that any part of the European Convention shall, to theextent provided in such regulations, have the force of law in M alta.
Direction for trial 
by the Court of Magistrates as a court of criminal judicature. 
Added by: 
VIII.1986.5 
Amended by: 
VIII. 1990.3;III. 2002.162.*
31. Notwithstanding that the Attorney General has directed in
accordance with the provisions of article 22(2), that a person be
tried in the Criminal Court, he may, at any time before the 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.
Offences 
cognizable by the Court of Magistrates as a court of criminal judicature. 
Added by: 
VIII. 1986.5. 
Amended by: 
VIII. 1990.3. Cap. 9.32. Notwithstanding the provisions of article 370 of the
Criminal Code  and without prejudice to the provisions of article 31,
the Court of Magistrates shall be competent to try all offencesagainst this Ordinance as directed by the Attorney General inaccordance with the provisions of article 22(2).
*See article 7 of Act VIII of 1986.
                           DANGEROUS DRUGS                           [CAP. 101.       37
Right of appeal. 
Added by: 
VIII.1986.6. 
Amended by: 
VIII.1990.3. Cap. 9.33. 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 this Ordinance.
Amendment of 
Schedules.
Added by:
II. 1998.8.
Amended by:
XXIV . 2014.91.34. (1) The Minister responsible for public health may by
regulations amend the First, the Second and the Third Schedules  to
this Ordinance.
(2) The Minister responsible for Justice may, after consultation
with the Minister responsible for the Police and with the Attor ney
General, amend the Fourth Schedule to this Ordinance.
Implementation 
of the Council Framework Decision 2004/757/JHA.
Added by:
V .2019.6.35. All necessary actions required for the implementation of the
Council Framework Decision 2004/757/JHA shall be implemented assoon as possible but not 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.
Added by: 
XXIII.1980.9. 
Amended by. 
L.N. 32 of 1984; L.N. 58 of 1988; L.N. 49 of 1990; L.N. 93 of 1990;L.N. 148 of 2000;L.N. 373 of 2007;L.N. 331 of 2009;L.N. 49 of 2016;L.N. 359 of 2017;L.N. 360 of 2017;L.N. 43 of 2018;L.N. 230 of 2018;L.N. 389 of 2018;L.N. 189 of 2019.FIRST SCHEDULE
Preparations containing any of the drugs included in Parts I and
II of this Schedule subject to the exemptions listed in Part III of thisSchedule.
PART I 
ACETORPHINEACETYLFENTANYL, (N-(1-phenethylpiperidin-4-yl)-N-
phenylacetamide)
ACETYLMETHADOL ACETYLALPHAMETHYL FENTANYLACRYLOYLFENTANYL, N-(1-phenethylpiperidin-4-yl)- N-
phenylacrylamide
AH-7921, (3,4-dichloro-N-[(1-(dimethylamino) cyclohexyl)methyl]
benzamide) 
ALFENTANILALLYLPRODINE ALPHACETYLMETHADOL ALPHAMEPRODINE ALPHAMETHADOL ALPHAMETHYL FENTANYLALPHAMETHYL THIOFENTANYL ALPHAPRODINEANILERIDINE 
BENZETHIDINE 
 38          CAP. 101. ]                    DANGEROUS DRUGS   
BENZYLMORPHINE 
BETACETYLMETHADOL BETA-HYDROXYFENTANYL BETA-HYDROXY-3-METHYLFENTANYLBETAMEPRODINEBETAMETHADOL BETAPRODINE BEZITRAMIDE BUTYRFENTANYL, N-phenyl- N-[1-(2-phenylethyl)-4-
piperidinyl]butanamide
CANNABIS (Indian Hemp) - any extract or tincture thereofCARFENTANIL,  Methyl  1-(2-phenylethyl)-4-
[phenyl(propanoyl)amino]piperidine-4-carboxylate
CLONITAZENECOCAINE CODOXIME Concentrate of poppy straw (the material arising when poppy
straw has entered into a process for the concentration of itsalkaloid when such material is made available in trade)
CYCLOPROPYLFENTANYL, N-phenyl- N-[1-(2-
phenylethyl)piperidin-4-yl]cyclopropanecarboxamide'
DESOMORPHINE DEXTROMORAMIDE DIAMPROMIDE DIETHYLTHIAMBUTENE DIFENOXINDIHYDROMORPHINE DIMENOXADOL DIMEPHEPTANOL DIMETHYLTHIAMBUTENE DIOXAPHETYL BUTYRATEDIPHENOXYLATE DIPIPANONEDROTEBANOL ECGONINE, its esters and derivatives which are convertible to
ecgonine and cocaine
ETHYLMETHYLTHIAMBUTENE ETONITAZENEETORPHINE 
                           DANGEROUS DRUGS                           [CAP. 101.       39
ETOXERIDINE 
FENTANYL 4-FLUOROISOBUTYRFENTANYL (4-FIBF, pFIBF), N-(4-
Fluorophenyl)-2-methyl- N-[1-(2-phenylethyl)piperidin-4-
yl]propanamide
FURANYLFENTANYL, N-phenyl- N-[1-(2-
phenylethyl)piperidin-4-yl]furan-2-carboxamide
FURETHIDINE HEROIN HYDROCODONE HYDROMORPHINOL HYDROMORPHONE HYDROXYPETHIDINEISOMETHADONE KETOBEMIDONE LEVOMETHORPHAN* LEVOMORAMIDE LEVOPHENACYLMORPHAN LEVORPHANOL* MEDICINAL OPIUMMETAZOCINE METHADONE METHADONE - INTERMEDIATE METHOXYACETYLFENTANYL, 2-methoxy- N-phenyl- N-[1-(2-
phenylethyl)piperidin-4-yl]acetamide
METHYLDESORPHINE METHYLDIHYDROMORPHINE METHYLFENTANYL (CIS and TRANS ISOMERS)METHYLPHENYLPIPERIDOL PROPRIONATE (MPPP)METOPONMORAMIDE - INTERMEDIATE MORPHERIDINE MORPHINEMORPHINE METHOBROMIDE and other pentavelent nitrogen
morphine derivatives, including in particular the morphine-Noxide derivatives, one of which is Codeine-N-Oxide
MORPHINE-N-OXIDE MT-45, (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine)MYROPHINE 
 40          CAP. 101. ]                    DANGEROUS DRUGS   
NICOMORPHINE 
NORACYMETHADOLNORLEVORPHANOL NORMETHADONENORMORPHINE NORPIPANONE OCFENTANIL, N-(2-Fluorophenyl)-2-methoxy- N-[1-(2-
phenylethyl)piperidin-4-yl]acetamide
ORIPA VINE (3- O-demethylthebaine or 6,7,8,14-tetradehydro-
4,5-alpha -epoxy-6-methoxy-17-methylmorphinan-3-ol)
OXYCODONE OXYMORPHONE ORTHOFLUOROFENTANYL, N-(2-fluorophenyl)- N-[1-(2-
phenylethyl)-4-piperidinyl]-proponamide
PARAFLUOROBUTYRYLFENTANYL or 4F-BF, N-(4-
fluorophenyl)- N-[1-(2-phenylethyl)piperidin-4-yl]butanamide
PARA-FLUOROFENTANYL PETHIDINEPETHIDINE - INTERMEDIATE - A PETHIDINE - INTERMEDIATE - B PETHIDINE - INTERMEDIATE - C PHENADOXONEPHENAMPROMIDE PHENAZOCINE PHENETHYLPHENYLPIPERIDOL ACETATE 
(ESTER) (PEPAP)
PHENOMORPHAN PHENOPERIDINE PIMINODINE PIRITRAMIDE PROHEPTAZINE PROPERIDINE RACEMETHORPHAN RACEMORAMIDE RACEMORPHAN REMIFENTANILSUFENTANIL 
TAPENTADOL,(3-[(1R,2R)-3-(dimethylamino)-1-ethyl-2-
methylpropyl]phenol
                           DANGEROUS DRUGS                           [CAP. 101.       41
TETRAHYDROFURANYLFENTANYL (THF-F), N-Phenyl- N-
[1-(2-phenylethyl)piperidin-4-yl]oxolane-2-carboxamide
THEBACON THEBAINE TILIDINETRIMEPERIDINE
U-47700, 3,4-dichloro- N-(2-dimethylamino-cyclohexyl)- N-
methyl-benzamide
The isomers, unless specifically excepted, of the drugs in this  Part
of the Schedule whenever the existence of such esters or ethers  is
possible;
The esters and ethers, unless appearing in another Part of this
Schedule, of the drugs in this Part of the Schedule whenever th e
existence of such esters or ethers is possible;
The salts of the drugs listed in this Part of the Schedule, inc luding
the salts of esters, ethers and isomers as provided above whene ver
the existence of such salts is possible.
*DEXTROMETHROPHAN and DEXTRORPHAN are
specifically excluded from this Part of the Schedule.
PART II 
ACETYLDIHYDROCODEINE
CODEINE DEXTROPROPOXYPHENE DIHYDROCODEINE ETHYLMORPHINENICOCODINENICODICODINE NORCODEINE PHOLCODINEPROPIRAM
The isomers, unless specifically excepted, of the drugs in this
Part of the Schedule whenever the existence of such isomers ispossible within the specific chemical designation;
The salts of the drugs listed in this Part of the Schedule,
including the salts of the isomers as provided above whenever t he
existence of such salts is possible.
PART III 
Exemptions1. Preparations of:
ACETYLDIHYDROCODEINE 
CODEINEDIHYDROCODEINE ETHYLMORPHINE 
 42          CAP. 101. ]                    DANGEROUS DRUGS   
NICOCODINE 
NICODICODINE NORCODEINE, andPHOLCODINE when compounded with one or more other ingredients and
containing not more than 100 milligrammes of the drug per dosag e
unit and with a concentration of not more than 2.5 per cent inundivided preparations.
2. Preparations of propiram containing not more than 100 mg
of propiram per dosage unit and compounded with at least the sa me
amount of methylcellulose.
Cap. 31.3. Preparations for oral use containing not more than 135
milligrams of dextropropoxyphene base per dosage unit or with aconcentration of not more than 2.5 per cent in undividedpreparations, provided that such preparations do not contain an y
substance contained in the Third Schedule to the 
Medical and
Kindred Professions Ordinance .
4. Preparations of cocaine containing not more than 0.1 per
cent of cocaine calculated as cocaine base and preparations ofopium or morphine containing not more than 0.2 per cent ofmorphine calculated as anhydrous morphine base and compoundedwith one or more other ingredients and in such a way that the d rug
cannot be recovered by readily applicable means or in a yieldwhich would constitute a risk to public health.
5. Preparations of difenoxin containing, per dosage unit, not
more than 0.5mg of difenoxin and a quantity of atropine sulfateequivalent to at least 5 per cent of the dose of difenoxin.
6. Preparations of diphenoxylate containing per dosage unit,
not more than 2.5 milligrammes of diphenoxylate calculated asbase and a quantity of atropine sulphate equivalent to at least  one
per cent of the dose of diphenoxylate.
7. Pulvis ipecacuanhae et opii compositus 
 10 per cent opium in powder 10 per cent ipecacuanha root, in powder well mixed with  80 per cent of any other powdered ingredient containing no
drug.
8. Preparations conforming to any of the formulae listed in
this Part of the Schedule and mixtures of such preparations wit h
any material which contains no drug.
SECOND SCHEDULE 
Amended by: 
XVI.1960.3; XXIII. 1980.10.Substituted by:VI.1994.20.FORM A
(Article 14(2))
DANGEROUS DRUGS ORDINANCE
(CHAPTER 101)
Import Certificate issued by the   Serial No................... .
                           DANGEROUS DRUGS                           [CAP. 101.       43
Government of Malta                   File No . ............... ...
CERTIFICATE OF OFFICIAL APPROV AL OF IMPORT
I, being the person charged with the administration of the law
relating to dangerous drugs to which the Single Convention 1961
applies, hereby certify that I have approved the importation by* 
of †
from‡
subject to the conditions that -
(i) the consignment shall be imported before the 
(ii) the consignment shall be imported in one
consignment; and 
(iii) if the importation of all the drugs specified
above is not effected before the date specified incondition No. (i) this authorization shall besurrendered forthwith to the Chief GovernmentMedical Officer
and that I am satisfied that the consignment proposed to be
imported is required -
(1)  
§for legitimate purposes (in the case of raw opium or
the coca leaf).
(2)§solely for medicinal or scientific purposes (in the
case of dangerous drugs other than raw opium andcoca leaf). 
(Date).............................
(Signature and stamp of the
Chief Government Medical Officer).
This document is solely for production to the government of the
country from which the drug is proposed to be obtained.
Substituted by:
VI. 1994.20.FORM B 
(Article 13 (1))
DANGEROUS DRUGS ORDINANCE 
(Chapter 101)
File No................................
                              Applicant’s
*Insert name, address and business of importer.
†Insert exact description and amount of drugs to be imported.‡Insert name and address of firm in exporting country from whic h the drug is to be
obtained.§Strike out words not applicable.
 44          CAP. 101. ]                    DANGEROUS DRUGS   
                                Reference No  ....................
Serial No  . ..............................
EXPORT AUTHORIZATION
In pursuance of the Dangerous Drugs Ordinance (Chapter 101),
the Chief Government Medical Officer hereby authorizes
(hereinafter called "the exporter")
to export from -(1) 
* the port of                                 by s. s.
(2) * Malta by Parcel Post in 
parcels from the toin virtue of import Certificate No.           datedissued bythe following drugs, namely:
This authorization is issued subject to the following condition s:
1. This authorization is not a licence to obtain or to be in
possession of the drugs named herein.
2. This authorization is available only for drugs of the exact
quantity, kind and form specified above.
3. This authorization does not relieve the exporter from
compliance with any customs regulations in force for the timebeing relating to the exportation of goods from Malta nor from any
provision of the 
Post Office Act (Chapter 254) or of any post office
regulations for the time being in force, nor from any rules orregulations respecting the transmission of articles by post whi ch
may for the time being be in force, whether within Malta orelsewhere.
4. If the drugs are authorized to be exported by ship the
duplicate copy, which is attached, shall accompany theconsignment to the place of destination and for this purpose th e
exporter shall cause it to be delivered to the master of the ve ssel by
which the consignment is despatched.
5. If the drugs are authorized to be exported by post the
attached duplicate copy shall be placed inside the outer wrappe r of
the parcel containing the drugs. If the drugs are contained in more
than one parcel, the duplicate copy shall be placed inside the outer
wrapper of one of them; the parcels shall be consecutivelynumbered on the outer wrapper, and on each parcel there shall b e
legibly stated the number of the parcel in which the duplicate copy
is to be found. [ See footnote (2).]
6. The exporter, if so required by the Comptroller of Customs,
shall produce to him, within such time as he may allow, proof t o his
satisfaction that the said drugs were duly delivered at thedestination named in this authorization, and in the event of no n-
compliance with this condition the authorization shall be deeme d
* Strike out words not applicable.
                           DANGEROUS DRUGS                           [CAP. 101.       45
void and of no effect.
7. The exporter shall furnish to the Chief Government
Medical Officer such returns of the goods exported by him inpursuance of this authorization as may from time to time berequired.
8. This authorization is valid only for the exporter named
above and may be revoked at any time by the Chief GovernmentMedical Officer. It shall be produced for inspection when requi red
by any duly authorized person.
9. This authorization, unless sooner revoked, shall continue
in force for three calendar months from the date hereof. It mus t be
produced at the time of export, to an officer of -
(1) 
* the Customs Department,
(2) *the Post Office,
who will retain it. If not used it shall be surrendered to the Chief
Government Medical Officer within seven days of the date of itsexpiry.
Date...........................
......................................
(Signature and stamp of the
 Chief Government Medical Officer).
Note:(1) If any alteration is desired in this authorization it must be
returned with a request for amendment and a statement of thereasons therefor. No unauthorized alteration is permissible.
(2) In the case of drugs exported by post failure to comply wit h
this condition may lead to delay or confiscation of the parcels  in the
country of destination.
FORM C
(Article 14 (1))
DANGEROUS DRUGS ORDINANCE 
(CHAPTER 101) 
Authorization No .................
*Strike out words not applicable.
 46          CAP. 101. ]                    DANGEROUS DRUGS   
File No .................
IMPORT AUTHORIZATION
In pursuance of the Dangerous Drugs Ordinance (Chapter 101)
(hereinafter called "the Ordinance"), the Chief GovernmentMedical Officer hereby authorizes *
(hereinafter called "the importer") to import the drugs specifi ed
in the Schedule hereto, from†
This authorization is issued subject to the following condition s: 
1. The drugs shall be imported before (date)
2. This authorization is not a licence to be in possession of or
to supply the drug imported.
3. This authorization does not relieve the importer from
compliance with any Customs regulations in force for the timebeing relating to the importation of goods into or transhipment  of
goods in Malta, or any Post Office regulations for the time bei ng in
force in Malta.
4. This authorization is valid only for the importer and may
be revoked at any time by the Chief Government Medical Officer to
whom it shall in that event be immediately surrendered. It shal l be
produced for inspection when required by any duly authorizedperson.
5. This authorization unless sooner revoked shall be produced
to the Comptroller of Customs at the time of importation and sh all
be surrendered to the Comptroller of Customs at the time when t he
last consignment of drugs is imported.
6. If the importation of all the drugs specified in the Schedule
is not effected before the date specified in condition No. 1 th is
authorization shall immediately after that date be surrendered to the
Chief Government Medical Officer.
7. The copy of the export authorization, if any, which
accompanies the drugs, shall be forwarded to the ChiefGovernment Medical Officer immediately the importation of thedrugs has been effected.
(Date) .............................
............................................
(Signature and stamp of the
Chief Government Medical Officer.)
*Insert name and full postal address of importer.
†Insert name and full postal address of exporter.SCHEDULE specifying the drugs and quantities thereof to be
imported.
                           DANGEROUS DRUGS                           [CAP. 101.       47
This authorization is not to lea ve the possession of the import er
until it is surrendered to the Chief Government Medical Officer  or
to the Comptroller of Customs, who will complete the certificat e on
the back and return the authorization to the Chief GovernmentMedical Officer.
ENDORSEMENT BY COMPTROLLER OF CUSTOMS 
at the time of Importation
This authorization, when all the drugs to which it relates have  been
imported, must be returned by the Comptroller of Customs to the  Chief
Government Medical Officer.
FORM D
 (Article 16 (1))
DANGEROUS DRUGS ORDINANCE 
(CHAPTER 101) 
LICENCE FOR THE REMOV AL OF DANGEROUS DRUGS IN Date Description 
of drugs 
imported Number and   
date of Export 
AuthorizationQuantity How 
importedCustoms 
entry or 
Parcel No. Signature and 
stamp of 
Comptroller 
of Customs
e.g., 
ex ... (In the 
case of a 
ship), or by 
registered 
parcel post or 
by insured 
box post.
 48          CAP. 101. ]                    DANGEROUS DRUGS   
TRANSIT
.................................................is hereby auth orized to move the
dangerous drugs described hereunder from ...................... ...............
..........................to .................................. .......................................
Nature and quantity of dangerous drugs ........................ .................
Particulars of export authorization (ordiversion certificate if any) relating thereto ................ ............. 
............................................................... ........................................
Name of ship on which the drugs
were brought into Malta                    .................... ................. 
Date of arrival                                  .............. ....................... 
Number of packages                         .................... ................. 
Marks and numbers on packages       ........................... ..........
 
This licence is issued subject to the following conditions: - 
(1) This licence is valid only for the removal of the drugs
specified above.
(2) The removal of the drugs shall take place between 
a.m./p.m. and ............... a.m./p.m. on the ................ ........................
20...............
(3) If the removal of the drugs does not take place within the
hours and on the day specified, this licence must be returned t o the
Comptroller of Customs forthwith; and in any case shall besurrendered when the removal has taken place.
(4) The drugs must not be moved unless an officer of the
Customs Department is present.
(5) This licence does not authorize the person named above to
be in possession of the drugs otherwise than for the purpose ofremoving them in accordance with this licence.
(6) The packages containing the drugs are not to be opened or
broken in the course of the removal.
(7) This licence shall be produced at any time when required
by a duly authorized person.
(Date) .......................
................................................
(Signature and stamp of the
Comptroller of Customs.)
Substituted by:
VI. 1994.20.FORM E 
(Article 18(1))
DANGEROUS DRUGS ORDINANCE 
(CHAPTER 101) 
                           DANGEROUS DRUGS                           [CAP. 101.       49
DIVERSION CERTIFICATE
I, hereby certify that I have authorized the diversion of the
consignment of drugs, of which particulars are given below, to the
destination stated below:-
Description and quantities of drugs                  .......... .....................
Name of vessel on which the consignmentwas brought to Malta                                       .... ...........................
Name and address of the exporter                     .......... .....................
Number and date of export authorizationand authority by whom issued                          ......... ......................
Name and address of original consigneenamed in the export authorization                    .......... .....................
Name and address of consignee to whom theconsignment is authorized to be diverted          ............. ..................
Number and date of import certificate(and authority by whom issued) by virtue ofwhich this diversion is authorized                    ......... ......................
Name of vessel on which the consignmentis authorized to be carried from Malta              ........... ....................
Period within which the consignment isto be carried from Malta                                   .... ...........................
This certificate is issued subject to the following conditions:
(1) The duplicate copy of this certificate shall accompany the
consignment to the place of des tination, and for this purpose s hall
be delivered to the master of the  vessel by which the consignme nt
is despatched.
(2) This certificate does not relieve any person who may be
concerned with the carriage of t he consignment of drugs specifi ed
above from compliance with any customs regulations in force forthe time being relating to the exportation of goods from Malta.
(3) This certificate is valid only for the consignment and for
the period specified above, and may be revoked at any time.
(4) If the consignment of drugs is not carried from Malta
within the period specified above, this certificate shall besurrendered to the Chief Government Medical Officer.
(5) This certificate shall be produced at any time when
required by a duly authorized person.
 50          CAP. 101. ]                    DANGEROUS DRUGS   
(Date)......................
...................................................
(Signature and stamp of the Chief
Government Medical Officer)
________________Note:(1) If any alteration is desired in this authorization, it must be
returned with a request for amendment and a statement of thereason therefor. No unauthorized alteration is permissible.
(2) This document is to be produced to the competent
authorities of any country through which the consignment passes ,
whether it is transhipped or not. Failure to comply with thecondition may lead to delay or confiscation of the consignment.
                           DANGEROUS DRUGS                           [CAP. 101.       51
TABLE I
CATEGORY I
The stereoisomeric forms of the substances listed in this Categ ory not being
cathine (2) whenever the existence of such forms is possible.
The salts of the substances listed in this Category whenever th e existence of such
salts is possible and not being the salts of cathine.
CATEGORY II
The salts of the substances listed in this Category whenever th e existence of such
salts is possible.
CATEGORY IIITHIRD SCHEDULE Added by:
VI. 1994.21.
Amended by:
L.N. 278 of 2003;L.N. 1 of 2004.(Article 22(ID))
Substance CN designation
(if different)CN code CAS No (1)
1-Phenyl-2-propanone Phenylacetone 2914 31 00 103-79-7
N-acetylanthranilic acid
Isosafrol (cis + trans)2-Acetamidobenzoic
acid2924 23 00
2932 91 0089-52-1
120-58-1
3,4-methylenedioxyphenl-
propan-2-one1-(1,3-Benzodioxol-
5-yl)propan-2-one2932 92 00 4676-39-5
Piperonal 2932 93 00 120-57-0
Safrole 2932 94 00 94-59-7Ephedrine 2939 41 00 299-42-3Pseudoephedrine 2939 42 00 90-82-4NorephedrineErgometrine Ex 2939 49 00
2939 61 0014838-15-4
60-79-7
Ergotamine  Lysergic acid  2939 62 00
2939 63 00113-15-5
82-58-6
Substance CN designation
(if different)CN code CAS No (
1)
Acetic anhydride  2915 24 00 108-24-7
Phenylacctic acid  2916 34 00 103-82-2
Anthranilic acid  2922 43 00 118-92-3
Piperidine  2933 32 00 110-89-4Potassium permanganate 2841 61 00 7722-64-7
Substance CN designation
(if different)CN code CAS No (
1)
Hydrochloric acid Hydrogen chloride 2806 10 00 7647-01-0
Sulphuric acid
Toluene2807 00 10
2902 30 007664-93-9
108-88-3
 52          CAP. 101. ]                    DANGEROUS DRUGS   
The salts of the substances listed in this Category whenever th e existence of such
salts is possible and not being the salts of hydrochloric acid and sulphuric acid.
(1) The CAS No. is the ''Chemical Abstract Service Registry Number '' which is
a unique numeric identifier specific to cash substance and its structure. The CAS No.
is specific to each isomer and to each salt of each isomer. Hen ce the CAS Nos for the
salts of the substances listed above are different to those giv en.
(2) Also named (1)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-
7.
TABLE II
ACETIC ANHYDRIDEACETONEANTHRANILIC ACID
ETHYL ETHERPHENYLACETIC ACIDPIPERIDINEMETHYL ETHYL KETONE
TOLUENE
POTASSIUM PERMANGANATESULPHURIC ACIDHYDROCHLORIC ACID
The salts of the substances listed in this Table whenever the e xistence of such salts
is possible.Ethyl ether
AcetoneDiethyl ether 2909 11 00
2914 11 0060-29-7
67-64-1
Methylethylketone Butanone 2914 12 00 78-93-3
                           DANGEROUS DRUGS                           [CAP. 101.       53
Guidelines on the exercise of discretion 
These guidelines apply to all accused persons aged 16 and over.
In determining the court in which a person accused of an offenc e against this
Ordinance is to be tried the harm or the potential harm caused by the offence charged
shall be the principal consideration.
The quantity of the drug is a principal consideration in assess ing harm. The purity
need not necessarily be taken into account at the initial stage  but it may be
considered in determining whether a person initially referred f or trial before the
Criminal Court is to be referred for trial before the Court of Magistrates at a later
stage.
The role played by the accused in the crime shall, if sufficien t information is
available, also be taken into consideration.
In such cases a distinction should be made between persons who played a leading
role, a significant role or a lesser role in the commission of the offence.
A leading role in the commission of the offence may be indicated by the following:
• that the accused organized or directed buying and selling of a  drug on a
commercial scale;
• that the accused had substantial links to and significant infl uence 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 exp ectation of
substantial financial gain;
• that the accused used a legitimate business as a cover for buy ing or
selling drugs;
• that the accused has abused a position of trust or of signific ant
responsibility in the commission of the offence, for example wh en the
accused is a prison employee or a legal or medical professional .
A significant role in the commission of the offence may be indicated by the
following:
• that the accused had an operational or a management function w ithin a
chain;
• that the accused involved others in the operation either by ex erting
pressure or influence upon them or by intimidation or offer of reward;
• that the accused was motivated by the prospect of financial or  other
advantage, irrespective of whether the accused was acting alone  or with
others;
• that the accused appeared to be aware and to understand the sc ale of the
operation;
• that the accused, not being a person abusing a position of tru st or
responsibility, supplied the drug to a prisoner for gain but wi thout
coercion.FOURTH SCHEDULE Added by:
XXIV . 2014.90.(Article 22)
 54          CAP. 101. ]                    DANGEROUS DRUGS   
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 commissio n of the
offence and has acted under the direction of others;
• that the accused was engaged by others to commit the offence b y
pressure, coercion or intimidation;
• that the accused got involved in the commission of the offence  because
of his naivete or because he was exploited by others;
• that the accused had no influence on those above him in a chai n;
• that the accused had very little, if any, understanding of the  scale of the
operation;
• that taking all circumstances into account it is reasonable to  conclude
that the accused was involved in the commission of the offence solely
for the purpose of obtaining drugs for his own use;
• that the accused made no financial gain from the offence, for example in
cases involving a common purchase of a minimal quantity for no profit
or the sharing of a minimal quantity between friends on a non-commercial basis.
Aggravating factors resulting from the law shall be taken into consideration.
Other aggravating factors that may be taken into consideration may include: 
• the sophisticated nature of concealment of the drug and the na ture of
any attempt to avoid detection;
• any attempts made to conceal or to dispose of evidence;• the exposure of others to exceptional danger such as when a dr ug is cut
with harmful substances;
• high purity of the drug• that the accused has targeted places intended to locate vulner able
persons or has sought to supply drugs to minors;
• that others, especially children and non-users were present wh en the
accused committed the offence.
The following amounts involved in the offence, when the said amounts are known,
can be taken as indicative that a person should not be referred for trial before theCriminal Court:
• heroin and cocaine: less than 100 grams
• cannabis: less than 300 grams
Assistance which the accused may have rendered to the Police or  to  the
prosecution may also be taken into account.