                            DANGEROUS DRUGS                              g 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 and 93 of 1990; Acts VI of
1994, XVI of 1996, II of 1998 and VI  of 2000; Legal Notice 148 of 2000; Act III of 2002; and
Legal Notices 278 of 2003 and 1 of 2004.
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. h               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.
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 chemical
transformation;
"export", with its grammatical variations and cognate
expressions, in relation to Malta, means to take or cause to be taken
out of Malta in any manner whatsoever;
"import", with its grammatical variations and cognate
expressions, in relation to Malta, means to bring or cause to be
brought into Malta in any manner whatsoever;
"Indian hemp" means any plant of the genus Cannabis or any part
of any such plant, but does not include fibre or seed which has been
rendered not capable of developing into another such plant;
"medicinal opium" means raw opium which has undergone the
processes necessary to adapt it for medicinal use in accordance
with the requirements of the British Pharmacopoeia, whether it is in
the form of powder or is granulated or is in any other form and
whether it is or is not mixed with neutral materials;
"prepared opium" means opium prepared for smoking and
includes dross and any other residues remaining after opium has
been smoked;
"raw opium" means the spontaneously coagulated juice obtained
from the capsules of the  Papaver   Somniferum  L., which has only
been submitted to the necessary manipulations for packing and
transport, whatever its content of morphine; 
"the Single Convention" means the Single Convention on
Narcotic Drugs adopted at New York on the 30 March, 1961 as
subsequently amended by the Protocol adopted in Geneva on the 25
March, 1972.
(2) In this Ordinance, unless the context otherwise requires,
any reference to this Ordinance shall be deemed to include a
reference to rules made thereunder.
                            DANGEROUS DRUGS                              g CAP. 101.         3
PART I
R AW  O PIUM AND  C OCA  L EAVES
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. 198I.4; 
XIII.1983.5.
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, for
prohibiting the production, possession, sale or distribution of raw
opium or coca leaves except by persons licensed or otherwise
authorised in that behalf.
(2) The Minister responsible for public health may fix such
penalties for the breach or non-observance of any rule as he may
think fit, not exceeding imprisonment for one month or a fine
( multa ) of one hundred and fifty liri.
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 
P REPARED  O PIUM
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 preparation
of opium for smoking or the sale or smoking of
prepared opium; or
( d ) is concerned in the management of any premises used
for any such purpose as aforesaid; or
( e ) has in his possession any pipes or other utensils for use
in connection with the smoking of opium, or any
utensils for use in connection with the preparation of
opium for smoking; or
( f ) smokes or otherwise uses prepared opium, or frequents
any place used for the purposes of opium smoking, 
he shall be guilty of an offence against this Ordinance.
  4        CAP. 101. h               DANGEROUS DRUGS   
PART III 
I NDIAN  H EMP
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 thereof
the resin obtained from the plant  Cannabis  or any
preparations of which such resin formed the base; or
( b ) produces, sells or otherwise deals in the resin obtained
from the plant  Cannabis  or any preparations of which
such resin formed the base; or
( c ) cultivates the plant  Cannabis ; or
( d ) has in his possession (otherwise than in the course of
transit through Malta or the territorial waters thereof)
the whole or any portion of the plant  Cannabis
(excluding its medicinal preparations); or
( e ) sells or otherwise deals in the whole or any portion of
the plant  Cannabis  (excluding its medicinal
preparations),
he shall be guilty of an offence against this Ordinance. 
PART IV
C OCAINE,  M ORPHINE, ETC.
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 Minister
responsible for public health may make rules for controlling the
manufacture, sale, possession and distribution of those drugs, and
in particular, but without prejudice to the generality of the
foregoing power, for -
( a ) prohibiting the manufacture of any drug to which this
Part of this Ordinance applies except on premises
licensed for the purpose and subject to any conditions
specified in the licence; and
( b ) prohibiting the manufacture, sale or distribution of any
such drug except by persons licensed or otherwise
authorized under the rules and subject to any
conditions specified in the licence or authority; and
( c ) regulating the issue by medical practitioners of
prescriptions containing any such drug and the
dispensing of any such prescriptions; and
                            DANGEROUS DRUGS                              g CAP. 101.         5
( d ) requiring persons engaged in the manufacture, sale or
distribution of any such drug to keep such books and
furnish such information either in writing or otherwise
as may be prescribed; and
( e ) controlling or restricting the possession of or dealing
in any such drug while in transit through Malta.
Cap. 31.
(2) The rules under this article shall provide for authorizing
any person who lawfully keeps open a shop for the retailing of
poisons in accordance with the provisions of the Medical and
Kindred Professions Ordinance- 
( a ) to manufacture at the shop in the ordinary course of his
retail business any preparation, admixture, or extract
of any drug to which this Part of this Ordinance
applies; or
( b ) to carry on at the shop the business of retailing,
dispensing or compounding any such drug,
Cap. 37.
subject to the power of the Minister responsible for public health to
withdraw the authorization in the case of a person who has been
convicted of an offence against this Ordinance or of an offence
under the Customs Ordinance as applied by this Ordinance, and
who cannot, in the opinion of the Minister responsible for public
health properly be allowed to carry on the business of
manufacturing or selling or distributing, as the case may be, any
such drug.
(3) Nothing in any rules made under this article shall be taken- 
Cap. 31.
( a ) to authorize the sale, or the keeping of an open shop
for the retailing, dispensing or compounding, of
poisons by any person who is not qualified in that
behalf under, or otherwise than in accordance with, the
provisions of the Medical and Kindred Professions
Ordinance;
Cap. 31.
and Kindred Professions Ordinance, for prohibiting,
restricting or regulating the sale of poisons.
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 behalf is
made by rules under this Ordinance, be calculated on the basis that
a preparation containing one  per centum  of any substance means a
preparation in which one gramme of the substance, if a solid, or one
millilitre of the substance, if a liquid, is contained in every one
hundred millilitres of the preparation, and so in proportion for any
greater or less percentage.
(3) Where it appears to the Minister responsible for public
  6        CAP. 101. h               DANGEROUS DRUGS   
health that any other drug of whatever kind is or is likely to be
productive, if improperly used, or is capable of being converted
into a substance which is, or is likely to be productive, if
improperly used, of ill-effects substantially of the same character
or nature as or analogous to those produced by the drugs mentioned
in the First Schedule hereto, the said Minister may by order in the
Gazette make any additions, variations or alterations to such
schedule.
(4) If the Minister responsible for public health thinks fit to
declare by order that a finding with respect to any preparation
containing any of the drugs to which this Part of this Ordinance
applies has been communicated by the Secretary-General of the
United Nations Organisation to the parties to the Single
Convention, the provisions of this Part of this Ordinance shall as
from such date as may be specified in the order cease to apply to
the preparation specified therein.
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 from
any of the phenanthrene alkaloids of opium or from the ecgonine
alkaloids of the coca leaf, not being a product which was on the
l3th July, 1931, being used for medical or scientific purposes:
Provided that if the Minister responsible for public health is
at any time satisfied as respects any such products that it is of
medical or scientific value, he may by order direct that this sub-
article shall cease to apply to that product.
(2) If any person acts in contravention of sub-article (1) of this
article, he shall be guilty of an offence against this Ordinance. 
(3) If it is made to appear to the Minister responsible for public
health that a decision with respect to any such product as is
mentioned in sub-article (1) of this article has been communicated
by the Secretary-General of the United Nations Organisation to the
parties to the Single Convention, the Minister responsible for
public health, by order, may, as the case requires, either declare that
the provisions of this Part of this Ordinance shall apply to that
product in the same manner as they apply to the drugs mentioned in
article 10(1) of this Ordinance or apply the said part to that product
with such modification as may be specified in the order.
(4) The Minister responsible for public health may, by order,
apply this Part of this Ordinance with such modifications as may be
specified in the order, to any of the following drugs, that is to say
methylmorphine (commonly known as codeine), ethylmorphine
(commonly known as dionin) and their respective salts.
                            DANGEROUS DRUGS                              g CAP. 101.         7
PART V
C ONTROL OF  E XTERNAL  T RADE
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 Malta;
"dangerous drug" means any drug to which Part IV of this
Ordinance applies, and includes raw opium, coca leaves, Indian
hemp, and all preparations of which resins obtained from Indian
hemp form the base, and, for the purposes of articles 15 to 18 both
inclusive, includes also the resins obtained from the Indian hemp;
"diversion certificate" means a certificate issued by the
competent authority of a country through which a dangerous drug
passes in transit, authorizing the diversion of such drug to a country
other than that specified as the country of ultimate destination in
the export authorization, and containing all the particulars required
to be included in an export authorization, together with the name of
the country from which the consignment was originally exported;
"export", with its grammatical variations and cognate
expressions, in relation to Malta, means to take or cause to be taken
out of Malta by air or water, otherwise than in transit;
"export authorization" means an authorization issued by a
competent authority in a country from which a dangerous drug is
exported, containing full particulars of such drug, and the quantity
authorized to be exported, together with the names and addresses of
the exporter and the person to whom it is to be sent, and stating the
country to which, and the period within which, it is to be exported;
"import", with its grammatical variations and cognate
expressions, in relation to Malta, means to bring or cause to be
brought into Malta by air or water, otherwise than in transit;
"import authorization" means a licence, issued by a competent
authority, authorizing the importation of a specified quantity of a
dangerous drug and containing full particulars of the drug, together
with the name and address of the person authorized to import the
drug, the name and address of the person from whom the drug is to
be obtained, and specifying the period within which the importation
must be effected;
"import certificate" means a certificate substantially in the Form
A set out in the Second Schedule hereto, issued by a competent
authority in a country into which it is intended to import dangerous
drugs;
"in transit" means taken or sent from any country and brought
into Malta by air or water (whether or not landed or transhipped in
Malta) for the sole purpose of being carried to another country
either by the same or another conveyance.
  8        CAP. 101. h               DANGEROUS DRUGS   
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 lawful
for the Chief Government Medical Officer to issue an export
authorization in the Form B set out in the Second Schedule hereto
in respect of any drug referred to in the import certificate to any
person who is named as the exporter in such certificate, and is,
under the provisions of this Ordinance, otherwise lawfully entitled
to export such drug from Malta. The export authorization shall be
prepared in triplicate and two copies shall be issued to the exporter
who shall send one copy with the drug to which it refers when such
drug is exported. The Chief Government Medical Officer shall send
the third copy direct to the appropriate authority of the country of
ultimate destination. Subject to the provisions of sub-article (2) of
this article, it shall be in the absolute discretion of the Chief
Government Medical Officer in all cases to issue or refuse an
export authorization, as he may see fit.
(2) No dangerous drugs shall be exported from Malta unless the
consignor is in possession of a valid and subsisting export
authorization relating to such drug granted under this Ordinance.
(3) At the time of exportation of any dangerous drug the
exporter shall produce to the Comptroller of Customs the
dangerous drug, the export authorization relating thereto, and such
other evidence as the Comptroller of Customs may require to
satisfy him that the drug is being lawfully exported to the place and
person named in the authorization which refers to it.
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 of
any dangerous drug specified therein may be granted by the Chief
Government Medical Officer, subject to such conditions as he shall
deem fit, to any person who may lawfully import such drug.
(2) Where an import authorization is issued in pursuance of
sub-article (1) of this article, the Chief Government Medical
Officer shall also issue, in relation to the dangerous drug intended
to be imported, an import certificate (Form A) which shall be
forwarded by the intending importer to the person from whom the
drug is to be obtained. When the importer to whom an import
authorization is issued under this article intends to import the drug
or drugs to which such authorization relates, in more than one
consignment, a separate import certificate shall be issued to him in
respect of each such consignment.
(3) No dangerous drug shall be imported into Malta unless the
person to whom the drug is consigned is in possession of a valid
and subsisting import authorization granted in pursuance of this
article.
(4) Every dangerous drug imported into Malta shall be
accompanied by a valid and subsisting export authorization or
diversion certificate.
                            DANGEROUS DRUGS                              g CAP. 101.         9
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 country
into which such drug may lawfully be imported; and
( b ) it is accompanied by a valid and subsisting export
authorization or diversion certificate, as the case may
be.
(2) Where any dangerous drug in transit is accompanied by an
export authorization or diversion certificate and the Comptroller of
Customs has reasonable ground for believing that such
authorization or certificate is false, or that it has been obtained by
fraud or wilful misrepresentation of a material particular, it shall be
lawful for the Comptroller of Customs to seize and detain the drug
to which such authorization or certificate relates. Upon being
satisfied that such authorization or certificate is valid or has not
been obtained by fraud or misrepresentation as aforesaid the
Comptroller of Customs shall release the drug.
(3) Where any dangerous drug brought into Malta in transit is
landed, or transhipped in Malta, it shall remain under the control of
the Comptroller of Customs and shall be moved only under and in
accordance with a removal licence granted in pursuance of article
16 of this Ordinance.
(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 importing or
exporting, any dangerous drug into or from Malta except in
pursuance of and in accordance with the provisions of this
Ordinance.
(2) For the purposes of this article the words "import" and
"export" and their grammatical variations and cognate expressions
shall have the meaning assigned to them in article 2(1) of this
Ordinance.
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 set
out in the Second Schedule hereto and in this Ordinance referred to
as a "removal licence") issued by the Comptroller of Customs. In
all cases it shall be in the absolute discretion of the Comptroller of
Customs to issue or refuse a removal licence as he shall deem fit.
(2) No removal licence for the transfer of any such drug to any
  10        CAP. 101. h               DANGEROUS DRUGS   
conveyance for removal out of Malta shall be issued unless and
until a valid and subsisting export authorization or diversion
certificate relating to it is produced to the Comptroller of Customs.
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 alter its
nature, or wilfully to open or break any package containing a
dangerous drug in transit except under the instructions of the
Comptroller of Customs and in such manner as he may direct.
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 Schedule
hereto, cause or procure any dangerous drug brought into Malta in
transit to be diverted to any destination other than that to which it
was originally consigned. In the case of any drug in transit
accompanied by an export authorization or a diversion certificate
issued by a competent authority of some other country, the country
to which the drug was originally consigned shall be deemed to be
the country stated in such export authorization or diversion
certificate to be the country of destination.
(2) The Chief Government Medical Officer may in his absolute
discretion issue a diversion certificate in respect of any dangerous
drug in transit upon production to him of a valid and subsisting
import certificate issued by a competent authority in the country to
which it is proposed to divert the drug, or upon such evidence as
may satisfy him that the drug is to be sent in a lawful manner and
for a proper purpose.
(3) A diversion certificate shall be issued in duplicate: one
copy thereof shall accompany the drug when it is exported from
Malta, and another copy shall be despatched by the Chief
Government Medical Officer direct to the proper authority in the
country to which the consignment has been diverted.
(4) Upon the issue of a diversion certificate the export
authorization or diversion certificate (if any) accompanying the
drug on its arrival in Malta shall be detained by the Chief
Government Medical Officer and returned to the authority issuing
such export authorization or diversion certificate together with a
notification of the name of the country to which such drug has been
diverted.
Powers of Chief 
Government 
Medical Officer.
19. The powers and duties to be exercised and performed by
the Chief Government Medical Officer under this Part of this
Ordinance shall in the absence of the Chief Government Medical
Officer be exercised and performed by the officer acting on his
behalf.
                            DANGEROUS DRUGS                              g CAP. 101.         11
PART VI 
G ENERAL
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 by
such person on such terms and subject to such conditions
(including in the case of a licence the payment of a fee) as the
Minister responsible for public health may by rule prescribe.
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 Ordinance,
have power to enter the premises of any person carrying on the
business of a producer, manufacturer, seller or distributor of any
drugs to which this Ordinance applies and to demand the
production of and to inspect any books or documents relating to
dealings in any such drugs and to inspect any stocks of any such
drugs.
(2) If any person wilfully delays or obstructs any person in the
exercise of his powers under this article or fails to produce or
conceals or attempts to conceal any such books, stocks, drugs or
documents as aforesaid, he shall be guilty of an offence against this
Ordinance.
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.
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 or
authority granted under or in pursuance of this
Ordinance; or
( c ) who for the purpose of obtaining, whether for himself
or for any other person, the issue, grant or renewal of
any such licence, permit or authority as aforesaid,
makes any declaration, or statement which is false in
any particular, or knowingly utters, produces or makes
use of any such declaration or statement or any
document containing the same; or
( d ) who in Malta aids, abets, counsels or procures the
commission in any place outside Malta of any offence
punishable under the provisions of any corresponding
law in force in that place, or who with another one or
more persons conspires in Malta for the purpose of
committing such an offence, or does any act
preparatory to, or in furtherance of, any act which if
committed in Malta would constitute an offence
against this Ordinance; or
( e ) being a citizen of Malta or a permanent resident in
Malta, who in any place outside Malta does any act
which if committed in Malta would constitute an
offence of selling or dealing in a drug against this
Ordinance or an offence under paragraph ( f ) of this
  12        CAP. 101. h               DANGEROUS DRUGS   
sub-article; or
( f ) who with another one or more persons in Malta or
outside Malta conspires for the purposes of selling or
dealing in a drug in these Islands against the
provisions of this Ordinance or who promotes,
constitutes, organises or finances the conspiracy, 
shall be guilty of an offence against this Ordinance.
Cap. 217.
For the purposes of paragraph ( e ) of this sub-article, the
expression "permanent resident" means a person in favour of whom
a permit of residence has been issued in accordance with the
provisions contained in article 7 of the Immigration Act.
(1A)  The conspiracy referred to in paragraphs ( d ) and   ( f ) of the
preceding sub-article shall subsist from the moment in which any
mode of action whatsoever is planned or agreed upon between such
persons.
(1B)  For the purposes of this Ordinance the word "dealing"
(with its grammatical variations and cognate expressions) with
reference to dealing in a drug, includes cultivation, importation in
such circumstances that the Court is satisfied that such importation
was not for the exclusive use of the offender, manufacture,
exportation, distribution, production, administration, supply, the
offer to do any of these acts, and the giving of information intended
to lead to the purchase of such a drug contrary to the provisions of
this Ordinance:
Cap. 446.
Cap. 9.
Provided that in the case of importation in such
circumstances that the Court is satisfied that such importation was
for the exclusive use of the offender, the provisions of the
Probation Act and of article 21 if the Criminal Code shall not apply.
(1C) ( a )  A person shall also be guilty of an offence against this
Ordinance who uses, transfers the possession of, sends
or delivers to any person or place, acquires, receives,
keeps, transports, transmits, alters, disposes of or
otherwise deals with, in any manner or by any means,
any money, property (whether movable or immovable)
or any proceeds of any such money or property with
intent to conceal or convert that money or property or
those proceeds and knowing or suspecting that all or a
part of that money or property, or of those proceeds,
was obtained or received, directly or indirectly, as a
result of -
(i) the commission of any of the offences
mentioned in sub-article (1) or paragraph   ( a ) of
sub-article (1D) or in sub-article (1E); or
(ii) any act of commission or omission in any place
outside these Islands which if committed in
these Islands would constitute an offence under
sub-article (1) or paragraph ( a ) of sub-article
(1D).
( b ) In proceedings for an offence under paragraph ( a ) of
this sub-article, where the prosecution produces
                            DANGEROUS DRUGS                              g CAP. 101.         13
evidence that no reasonable explanation was given by
the person charged or accused showing that such
money, property or proceeds was not money, property
or proceeds described in the said paragraph, the burden
of showing the lawful origin of such money, property
or proceeds shall lie with the person charged or
accused.
(1D) ( a ) A person shall also be guilty of an offence against this
Ordinance who sells or otherwise deals in a substance
mentioned in the Third Schedule hereto knowing or
suspecting that the substance is to be used in or for the
production of a drug contrary to the provisions of this
Ordinance; and the definition of "dealing" in sub-
article (1B) shall apply,  mutatis   mutandis , to this sub-
article. 
( b ) The Minister responsible for public health may make
rules for controlling the manufacture, sale, possession,
distribution, importation and exportation of any of the
substances mentioned in the Third Schedule hereto and
in particular, but without prejudice to the generality of
the foregoing, for any of the purposes mentioned in
paragraphs ( a ) to ( e ) of sub-article (1) of article 9, in so
far as applicable, the reference to drugs in those
paragraphs being construed as a reference to the said
substances.
(1E) A person shall also be guilty of an offence against this
Ordinance who manufactures, transports or distributes any
equipment or materials knowing that they are to be used in or for
the cultivation, production or manufacture of any drug contrary to
the provisions of this Ordinance and any such conduct as is
prohibited under this sub-article shall be deemed for the purposes
of this Ordinance as constituting an offence of selling or dealing in
a drug against this Ordinance.
(1F) Any person who lands in Malta and is in possession of a
drug against the provisions of this Ordinance shall be exempt from
any criminal liability if the conditions mentioned in sub-article
(1G) of this article are satisfied.
(1G) The conditions to which reference is made in sub-article
(1F) of this article are the following:
( a ) the person in possession of the drug is not ordinarily
resident in Malta and has come from a place outside
Malta;
( b ) at the first opportunity after landing in Malta that
person surrenders the said drug to a Police officer or to
a customs officer and declares that the same drug was
for his exclusive personal use; and
( c ) the said drug is in such a quantity and is in possession
of that person under such circumstances as to
reasonably lead to the inference that the same drug
was destined for the exclusive personal use of that
  14        CAP. 101. h               DANGEROUS DRUGS   
person.
(2) Every person charged with an offence against this
Ordinance shall be tried in the Criminal Court or before the Court
of Magistrates (Malta) or the Court of Magistrates (Gozo), as the
Attorney General may direct, and if he is found guilty shall, in
respect of each offence, be liable -
( a ) on conviction by the Criminal Court -
(i) where the offence is one under article 4 or under
paragraph   ( c ) of article 8 or consists in selling or
dealing in a drug contrary to the provisions of
this Ordinance or in an offence under paragraph
( f ) of sub-article (1), or of the offence of
possession of a drug, contrary to the provisions
of this Ordinance, under such circumstances that
the court is satisfied that such possession was
not for the exclusive use of the offender, or of
the offences mentioned in sub-articles (1C) or
(1D) or (1E), to imprisonment for life:
Provided that:
( aa ) where the court is of the opinion that,
when it takes into account the age of
the offender, the previous conduct of
the offender, the quantity of the drug
and the nature and quantity of the
equipment or materials, if any,
involved in the offence and all other
circumstances of the offence, the
punishment of imprisonment for life
would not be appropriate; or
( bb ) where the verdict of the jury is not
unanimous,
then the Court may sentence the person
convicted to the punishment of imprisonment for
a term of not less than four years but not
exceeding thirty years and to a fine ( multa ) of
not less than one thousand liri but not exceeding
fifty thousand liri; and 
(ii) for any other offence to imprisonment for a term
of not less than twelve months but not exceeding
ten years and to a fine  (multa)  of not less than
two hundred liri but not exceeding ten thousand
liri; 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
paragraph ( c ) of article 8 or consists in selling or
dealing in a drug contrary to the provisions of
this Ordinance or in an offence under paragraph
( f ) of sub-article (1), or of the offence of
possession of a drug, contrary to the provisions
                            DANGEROUS DRUGS                              g CAP. 101.         15
of this Ordinance, under such circumstances that
the court is satisfied that such possession was
not for the exclusive use of the offender, or of
the offences mentioned in sub-articles (1C) or
(1D) or (1E), to imprisonment for a term of not
less than six months but not exceeding ten years
and to a fine ( multa )   of not less than two
hundred liri but not exceeding five thousand liri;
and
(ii) for any other offence to imprisonment for a term
of not less than three months but not exceeding
twelve months or to a fine ( multa )   of not less
than two hundred liri but not exceeding one
thousand liri or to both such imprisonment and
fine,
and in every case of conviction for an offence against this
Ordinance, all articles in respect of which the offence was
committed shall be forfeited to the Government, and any such
forfeited article shall, if the court so orders, be destroyed or
otherwise disposed of as may be provided in the order:
Provided that, for the purposes of this sub-article, when the
person charged has not attained the age of sixteen years and unless
he is charged jointly with any other person who has attained the age
of sixteen years, any reference to the Court of Magistrates (Malta)
or to the Court of Magistrates (Gozo) shall be construed as a
reference to the Juvenile Court:
Provided further that where a person is convicted as
provided in sub-paragraph (i) of paragraph ( a ) or sub-paragraph (i)
of paragraph ( b ) and the offence has taken place in, or within 100
metres of the perimeter of, a school, youth club or centre, or such
other place where young people habitually meet, or the offence
consists in the sale, supply, administration or offer to do any of
these acts, to a minor, to a woman with child or to a person who is
following a programme for cure or rehabilitation from drug
dependence, the punishment shall be increased by one degree.
(3) Where an offence against this Ordinance in respect of
which a person has been found guilty consists in or refers to the
cultivation of a plant in a field, garden or similar tenement, the
court shall, in addition to any other punishment order the forfeiture
in favour of the Government of the entire immovable property in
which the offence took place as described in the bill of indictment
or in the charge:
Provided that where none of the persons found guilty as
aforesaid is an absolute owner or co-owner or bare owner of the
immovable property, and the offender holds it on any other title,
whether real or otherwise, the court shall order the forfeiture of
such title in favour of the Government.
(3A)  Where an offence against this Ordinance in respect of
which a person has been found guilty consists in any of the
offences referred to in sub-article (1) of article 24A the court shall,
in addition to any other punishment, in its sentence or at any time
  16        CAP. 101. h               DANGEROUS DRUGS   
thereafter, at the request of the prosecution - 
( a ) where any immovable property, in Malta or in any
place outside Malta, has been used for the keeping or
storing, or for the selling or dealing in such drug, as
described in the bill of indictment or in the charge,
order the forfeiture in favour of the Government of any
real title which the offender holds on such immovable
property;
( b ) where the offender is not the absolute owner but holds
any other real title on the immovable property, or has a
title, other than a real title, in virtue of which he has
the control of or a right of access to such property, the
court shall order the offender to pay a fine ( multa ) of
not less than five thousand liri but not exceeding thirty
thousand liri as the court shall determine after taking
into account the value of the immovable property and
the value of the real title thereon, if any, forfeited as
aforesaid;
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 ) of this sub-article
shall be applied  mutatis   mutandis  to or in respect of
any vessel or vehicle, in Malta or in any place outside
Malta, used for the keeping or storing, or for the
selling or dealing in such drug; and
( d ) order the forfeiture in favour of the Government of all
moneys or other movable property, and of the entire
immovable property of the person so found guilty even
if the immovable property has since the offender was
charged passed into the hands of third parties, and
even if the said monies, movable property or
immovable property are situated in any place outside
Malta.
(4) No person shall, on conviction for any offence of
contravening or failing to comply with any rule under this
Ordinance relating to the keeping of books or the issuing or
dispensing of prescriptions containing drugs to which this
Ordinance applies, be sentenced to imprisonment without the
option of a fine or to pay a fine exceeding fifty liri, if the court
dealing with the case is satisfied that the offence was committed
through inadvertence and was not preparatory to or committed in
the course of or in connection with the commission or intended
commission of any other offence against this Ordinance.
(5) If any person attempts to commit an offence against this
Ordinance, or solicits or incites another person to commit such an
offence, he shall, without prejudice to any other liability, be liable
on conviction to the same punishment and forfeiture as if he had
committed an offence under this Ordinance.
                            DANGEROUS DRUGS                              g CAP. 101.         17
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 such
person is either licensed under this Ordinance or under the Medical
and Kindred Professions Ordinance, or is in possession of a warrant
issued under that Ordinance to practise a profession, or a calling or
a trade, or the offence is committed in a place licensed under this
Ordinance or the Ordinance aforesaid, the court shall, at the request
of the prosecution and in addition to any other punishment, order
the revocation of such licence or warrant, and upon such order
being made any such licence or warrant shall cease to have effect
for all purposes of law and in particular for the purpose of this
Ordinance and of the Ordinance aforesaid.
Cap. 12.
(7) Any decision as is mentioned in sub-articles (3) and (3A)
ordering the forfeiture of immovable property or of any title to such
property shall be deemed to be and shall be enforceable as a civil
judgment transferring that title in favour of the Government, and
the Attorney General shall, for the purposes of article 239 of the
Code of Organization and Civil Procedure, be considered as the
interested party that may obtain the registration of such transfer.
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 sub-paragraph
(i) of paragraph ( a ) or sub-paragraph (i) of paragraph ( b ) of sub-
article (2), is in need of care and assistance for his rehabilitation
from dependence on any dangerous drug (as defined in article 12),
the court may, instead of applying any of the punishments provided
for in the foregoing sub-articles, place the offender on probation in
accordance with the provisions of the Probation Act, sohowever
that such probation order may be made notwithstanding that the
offender, who has attained the age of fourteen years, has not
expressed his willingness to comply with the requirements thereof
as provided in article 7 of that Act.
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
sub-paragraph (i) of paragraph   ( a ) or sub-paragraph (i) of
paragraph ( b )   of sub-article (2).
(10)  Where, in the case of a person convicted of an offence
referred to in sub-article (9), the court is satisfied that such person
is in need of treatment for his rehabilitation from dependence on
any dangerous drug (as defined in article 12) and -
( a ) the Minister responsible for public health certifies in
writing that such treatment may be given in prison, and
( b ) the person so convicted agrees to submit to that
treatment, 
the court may, in passing sentence order that he be given such
treatment in prison (hereinafter referred to as an "order for
treatment") and for such period of time (hereinafter referred to as
the "treatment period") as may be specified in the order (being not
more than the period of time, as reduced in accordance with this
sub-article, which the person convicted is to serve in prison) and
  18        CAP. 101. h               DANGEROUS DRUGS   
the punishment of imprisonment which would, but for the
provisions of this sub-article, have been awarded (hereinafter
referred to as the "original punishment"), and which shall be
expressly mentioned in the sentence, shall be reduced by the court
by not more than one third.
(11)  If during the treatment period, the court which made the
order for treatment is satisfied, on an application by the Attorney
General that the person to whom the order refers has, without valid
reason (the proof whereof shall lie on such person), refused the
treatment or has conducted himself in a manner as to make his
treatment, or that of other prisoners, difficult or ineffective, it shall
revoke such order and shall direct that the original punishment be
served.
(12)  The court which made the order for treatment shall, on an
application made at any time during the treatment period by the
person to whom the order refers requesting the revocation of that
order, revoke such order and shall direct that the original
punishment be served.
(13)  The court which made the order for treatment may, on an
application made at any time during the treatment period by the
person to whom the order refers or by the Attorney General,
discharge such order if it is satisfied that the treatment is no longer
appropriate.
(14)  For the purposes of sub-articles (10) to (13) -
( a ) any decision of the court which revokes an order for
treatment and directs that the original punishment be
served shall not be subject to appeal;
( b ) where an order for treatment is confirmed or varied by
the Court of Criminal Appeal, the order shall be
deemed to have been made by the said court;
( c ) an order for treatment shall, unless it has been revoked
or discharged or has ceased to have effect earlier,
cease to have effect upon the expiration or remission
of the punishment of imprisonment for the offence in
respect of which the order was made.
Freezing of 
property of person 
accused.
Added by: 
VIII.1986.3.
Amended by:
VI. 2000.3.
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 paragraph
( f ) of sub-article (1) of that article, or with the offence in sub-
article (1C) of the same article, the court shall at the request of the
prosecution make an order -
( a ) attaching in the hands of third parties in general all
moneys and other movable property due or pertaining
or belonging to the accused, and
( b ) prohibiting the accused from transferring or otherwise
disposing of any movable or immovable property: 
Provided that the court shall in such an order determine
what moneys may be paid to or received by the accused during the
subsistence of such order, specifying the sources, manner and other
                            DANGEROUS DRUGS                              g CAP. 101.         19
modalities of payment, including salary, wages, pension and social
security benefits payable to the accused, to allow him and his
family a decent living in the amount, where the means permit, of
six thousand liri 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 Registrar of the Court
shall cause a notice thereof to be published without
delay in the Gazette, and shall also cause a copy
thereof to be registered in the Public Registry in
respect of immovable property, and
( b ) remain in force until the final determination of the
proceedings, and in the case of a conviction until the
sentence has been executed.
(3) The court may for particular circumstances vary such order,
and the provisions of the foregoing sub-articles shall apply to such
order as so varied.
(4) Every such order shall contain the name and surname of the
accused, his profession, trade or other status, father’s name,
mother’s name and maiden surname, place of birth and place of
residence and his identity card number.
(5) Where any money is or becomes due to the accused from
any person while such order is in force such money shall, unless
otherwise directed in that order, be deposited in a bank to the credit
of the accused.
(6) When such order ceases to be in force as provided in
paragraph ( b ) of sub-article (2) of this article the Registrar of the
Court shall cause a notice to that effect to be published in the
Gazette, and shall enter in the Public Registry a note of
cancellation of the registration of that order.
Penalty for 
contravening court 
order. 
Added by: 
VIII. 1986.3.
Amended by:
VI.1994.12.
22B.   Any person who acts in contravention of a court order
mentioned in article 22A of this Ordinance shall be guilty of an
offence and shall on conviction be liable to a fine ( multa ) not
exceeding five thousand liri, or to imprisonment for a period not
exceeding twelve months, or to both such fine and imprisonment,
and the court may order the person so found guilty to deposit in a
bank to the credit of the accused the amount of moneys or the value
of other movable property paid or delivered in contravention of that
court order.
  20        CAP. 101. h               DANGEROUS DRUGS   
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 the
exercise of any art, trade, calling or other occupation and the
offence is committed in a place licensed under this Ordinance,
under the Medical and Kindred Professions Ordinance or under any
other law, the Court may, without prejudice to any other order that
it may make under the provisions of this article, at the request of
the prosecution make an order, hereinafter referred to as a
''suspension order'', suspending such licence, permit or authority. 
(2) The suspension order shall remain in force for the whole
duration of the proceedings until final judgement.
(3) Any person who does any act for the doing of which a
licence, permit or authority is required under any law and such act
is done when that licence, permit or authority had been suspended
by virtue of a suspension order shall be deemed to have so acted
without the required licence, permit or authority. 
Special court pro-
ceedings. 
Added by: 
VIII. 1986.3.  
Amended by: 
VI.1994.13.
22C.   (1) Where an order of forfeiture is made under paragraph
( d)  of sub-article (3A) of article 22 of this Ordinance, the person
found guilty, or the third party therein mentioned, may bring an
action for a declaration that any or all of the movable or immovable
property so forfeited is not profits or proceeds from the commission
of any offence under this Ordinance (whether or not so adjudged by
a court of criminal justice) nor property acquired or obtained,
directly or indirectly, by or through any such profits or proceeds.
(2) Such action shall be brought not later than three months
from the date on which the sentence ordering the forfeiture shall
have become definite, by an application in the Civil Court, First
Hall.
(3) The applicant shall attach to the application all such
documents in support of his claim as it may be in his power to
produce and shall indicate in his application the names of all the
witnesses he intends to produce, stating in respect of each the proof
which he intends to make.
(4) The court shall, without delay, set down the application for
hearing at an early date, which date shall in no case be later than
thirty days from the date of the filing of the application.
(5) The application and the notice of the date fixed for hearing
shall be served on the Commissioner of Police without delay, and
the said Commissioner shall file his reply thereto within fifteen
days after the date of the service of the application.
(6) The court shall hear the application to a conclusion within
twenty working days from the date fixed for the original hearing of
the application, and no adjournment shall be granted except either
with the consent of both parties or for an exceptional reason to be
recorded by the court, and such adjourned date shall not be later
than that justified by any such reason.
Cap. 12.
(7) Saving the preceding provisions of this article, the
provisions of the Code of Organization and Civil Procedure
                            DANGEROUS DRUGS                              g CAP. 101.         21
relating to proceedings before the Civil Court, First Hall, shall
apply in relation to any such application.
(8) Any judgment revoking the forfeiture of immovable
property shall be deemed to transfer the title of such property back
from the Government to the party in favour of whom it is given,
and such party may obtain the registration of such transfer in the
Public Registry.
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 sub-article (1) of article 22C in respect of any property
forfeited, such property shall cease to be forfeited and shall revert
to the applicant in virtue of the judgment upon its becoming
definite, and the applicant shall thereupon be entitled to the
recovery of the income received by the Government from such
property during the period of its forfeiture.
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
of this Ordinance, the drug in respect of which a person is charged
shall be exhibited materially in court, as far as possible, and the
following procedure shall be followed.
(2) The court shall appoint a photographic expert to take
pictures, as shall be indicated by the court, of the drug in its
containers, wrappings, packages or receptacles, and shall also
appoint an expert to analyse and establish the exact quantity, kind
and form and give the most accurate description of the drug, and to
take samples thereof for preservation as evidence.
(3) The experts shall, as early as possible, file in court and
confirm on oath a written report of their findings, together with the
photographs and samples aforementioned.
(4) The court, upon being satisfied with such report or reports
shall proceed to have the drug, other than the samples, destroyed
under its supervision and draw up a  procès-verbal.
(5) The  procès-verbal  shall be deemed to have been regularly
drawn up if it contains a short description of the drug, the experts
report or reports are attached thereto and it is signed by the court.
(6) The  procès-verbal  drawn up as aforesaid shall be evidence
of its contents in any criminal proceedings.
(7) The provisions of sub-article (2) shall not apply where the
drug has already been photographed and analysed by experts
appointed in the course of the inquiry relating to the  in genere ,
unless the court, in the particular circumstances of the case, shall
deem it necessary to have the drug photographed and analysed
again.
(8) The omission of any of the precautions or formalities
referred to in this article shall be no bar to proving, in any manner
allowed by law, the facts to which such precaution or formality
relates.
  22        CAP. 101. h               DANGEROUS DRUGS   
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 certificate
purporting to be issued by or on behalf of the Government of any
country outside Malta to be a law providing, whether exclusively or
otherwise, for the control or regulation in that country of the
manufacture, sale, use, possession, transfer, export or import of, or
dealing in, dangerous drugs, narcotics or psychotropic substances;
and any statement in any such certificate as to the effect of the law
mentioned in the certificate, or any statement in any such
certificate that any facts constitute an offence against that law, 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 reasonably
suspected by the officer of having committed or attempted to
commit, an offence against this Ordinance, if he has reasonable
ground for believing that that person will abscond unless arrested,
or if the name and address of that person are unknown to and
cannot be ascertained by him.
Additional powers 
of investigation. 
Added by: 
VI.1994.16. 
Amended by: 
XVI.1996.3;
VI. 2000.5.
24A.   (1) Where, upon information received, the Attorney
General has reasonable cause to suspect that a person (hereinafter
referred to as "the suspect"):
( a ) is guilty of selling or dealing in a drug contrary to the
provisions of this Ordinance, or
( b ) is guilty of any of the offences mentioned in
paragraphs ( e ) or ( f ) of sub-article (1) of article 22, or
( c ) is guilty of an offence mentioned in paragraph ( d ) of
sub-article (1) of article 22 with reference to any of the
offences referred to in the foregoing paragraphs of this
sub-article, or
( d ) is guilty of the offence mentioned in sub-article (1C)
of article 22,
he may apply to the Criminal Court for an order (hereinafter
referred to as an "investigation order") that a person (including a
body or association of persons, whether corporate or unincorporate)
named in the order who appears to be in possession of particular
material or material of a particular description which is likely to be
of substantial value (whether by itself or together with other
material) to the investigation of, or in connection with, the suspect,
shall produce or grant access to such material to the person or
persons indicated in the order; and the person or persons so
indicated shall, by virtue of the investigation order, have the power
to enter any house, building or other enclosure for the purpose of
searching for and seizing such material.
(2) Where an investigation order has been made or applied for,
whosoever, knowing or suspecting that the investigation is taking
place, makes any disclosure likely to prejudice the said
investigation shall be guilty of an offence and shall, on conviction,
be liable to a fine ( multa ) not exceeding five thousand liri or to
imprisonment not exceeding twelve months, or to both such fine
and imprisonment:
                            DANGEROUS DRUGS                              g CAP. 101.         23
Provided that in proceedings for an offence under this sub-
article, it shall be a defence for the accused to prove that he did not
know or suspect that the disclosure was likely to prejudice the
investigation.
(3) An investigation order:
Cap. 9.
Cap.12. 
( a ) shall not confer any right to production of, access to,
or search for communications between an advocate or
legal procurator and his client which would in legal
proceedings be protected from disclosure by sub-
article (1) of article 642 of the Criminal Code or by
sub-article (1) of article 588 of the Code of
Organisation and Civil Procedure;
( b ) shall, without prejudice to the provisions of the
foregoing paragraph, have effect notwithstanding any
obligation as to secrecy or other restriction upon the
disclosure of information imposed by any law or
otherwise; and
( c ) may be made in relation to material in the possession
of any government department.
(4) Where the material to which an application under sub-
article (1) relates consists of information contained in a computer,
the investigation order shall have effect as an order to produce the
material or give access to such material in a form in which it can be
taken away and in which it is visible and legible.
(5) Any person who, having been ordered to produce or grant
access to material as provided in sub-article (1) shall, without
lawful excuse (the proof whereof shall lie on him) wilfully fail or
refuse to comply with such investigation order, or who shall
wilfully hinder or obstruct any search for such material, shall be
guilty of an offence and shall, on conviction, be liable to a fine
( multa ) not exceeding five thousand liri or to imprisonment not
exceeding twelve months, or to both such fine and imprisonment.
(6) Together with or separately from an application for an
investigation order, the Attorney General may, in the circumstances
mentioned in paragraphs ( a ) to ( d ) of sub-article (1), apply to the
Criminal Court for an order (hereinafter referred to as an
"attachment order") -
( a ) attaching in the hands of such persons (hereinafter
referred to as "the garnishees") as are mentioned in the
application all moneys and other movable property due
or pertaining or belonging to the suspect,
( b ) requiring the garnishee to declare in writing to the
Attorney General, not later than twenty-four hours
from the time of service of the order, the nature and
source of all money and other moveable property so
attached, and
( c ) prohibiting the suspect from transferring or otherwise
disposing of any moveable or immoveable property.
(6A)  Where an attachment order has been made or applied for,
  24        CAP. 101. h               DANGEROUS DRUGS   
whosoever, knowing or suspecting that the attachment order has
been so made or applied for, makes any disclosure likely to
prejudice the effectiveness of the said order or any investigation
connected with it shall be guilty of an offence and shall, on
conviction, be liable to a fine ( multa ) not exceeding five thousand
liri or to imprisonment not exceeding twelve months, or to both
such fine and imprisonment:
Provided that in proceedings for an offence under this sub-
article, it shall be a defence for the accused to prove that he did not
know or suspect that the disclosure was likely to prejudice the
investigation or the effectiveness of the attachment order.
(7) Before making an investigation order or an attachment
order the court may require to hear the Attorney General in
chambers and shall not make such order -
( a ) unless it concurs with the Attorney General that there
is reasonable cause as provided in sub-article (1); and
( b ) in the case of an investigation order, unless the court is
satisfied that there are reasonable grounds for
suspecting that the material to which the application
relates-
(i) is likely to be of substantial value (whether by
itself or together with other material) to the
investigation for the purpose of which the
application is made, and
(ii) does not consist of communications referred to
in paragraph ( a ) of sub-article (3).
Cap. 12. 
(8) The provisions of paragraphs   ( a ), ( b ) and ( e ) of sub-article
(1) of article 381 and of sub-article (1) of article 382 of the Code of
Organisation and Civil Procedure shall,  mutatis mutandis ,   apply to
the attachment order.
(9) An attachment order shall be served on the garnishee and
on the suspect by an officer of the Executive Police not below the
rank of inspector.
(10) Any person who acts in contravention of an attachment
order shall be guilty of an offence and shall, on conviction, be
liable to a fine ( multa ) not exceeding five thousand liri or to
imprisonment for a period not exceeding twelve months, or to both
such fine and imprisonment:
Provided that where the offence consists in the payment or
delivery to any person by the garnishee of any moneys or other
moveable property attached as provided in paragraph   ( a ) of sub-
article (6) or in the transfer or disposal by the suspect of any
moveable or immoveable property in contravention of paragraph
( c ) of sub-article (6), the fine shall always be at least twice the
value of the money or property in question.
(11) An attachment order shall, unless it is revoked earlier by
the Attorney General by notice in writing served on the suspect and
on the garnishee in the manner provided for in sub-article (9), cease
to be operative on the expiration of thirty days from the date on
                            DANGEROUS DRUGS                              g CAP. 101.         25
which it is made; and the court shall not make another attachment
order with respect to that suspect unless it is satisfied that
substantially new information with regards to any of the acts
mentioned in paragraphs ( a )   to   ( d ) of sub-article (1) is available:
Provided that the said period of thirty days shall be held in
abeyance for such time as the suspect is away from these Islands
and the Attorney General informs of this fact the garnishee by
notice in writing served in the manner provided for in sub-article
(9).
(12)  In the course of any investigation of an offence against this
Ordinance, the Executive Police may request a magistrate to hear
on oath any person who they believe may have information
regarding such offence; and the magistrate shall forthwith hear that
person on oath.
Cap. 9.
(13)  For the purpose of hearing on oath a person as provided in
sub-article (12) the magistrate shall have the same powers as are by
law vested in the Court of Magistrates (Malta) or the Court of
Magistrates (Gozo) as a Court of Criminal Inquiry as well as the
powers mentioned in article 554 of the Criminal Code; provided
that such hearing shall always take place behind closed doors.
(14)  It shall not be lawful for any court to issue a warrant of
prohibitory injunction to stop the execution of an investigation,
attachment or suspension order. 
Powers of 
investigation in 
connection with 
offences 
cognizable by 
courts outside 
Malta. 
Added by: 
XVI.1996.4.
Amended by:
II. 1998.8.
24B.  (1) Where the Attorney General receives a request made
by a judicial or prosecuting authority of any place outside Malta for
investigations to take place in Malta in respect of a person
(hereinafter referred to as "the suspect") suspected by that authority
of an act or omission which if committed in these Islands, or in
corresponding circumstances, would constitute any of the offences
mentioned in paragraphs ( a ), ( b ), ( c )   and   ( d ) of sub-article (1) of
article 24A, the Attorney General may apply to the Criminal Court
for an investigation order or an attachment order or for both and the
provisions of article 24A shall  mutatis mutandis  apply to that
application and to the suspect and to any investigation or
attachment order made by the court as a result of that application.
(2) The words "investigation order" in sub-articles (2) and (5)
of the same article 24A shall be read and construed as including an
investigation order made under the provisions of this article.
(3) The words "attachment order" in sub-article (6A) of the
same article 24A shall be read and construed as including an
attachment order made under the provisions of this article.
Freezing of 
property of person 
accused with 
offences 
cognizable by 
Courts outside 
Malta.
Added by: 
XVI.1996.4.
24C.  (1) Where the Attorney General receives a request made
by a judicial or prosecuting authority of any place outside Malta for
the temporary seizure of all or any of the moneys or property,
movable or immovable, of a person (hereinafter in this article
referred to as "the accused") charged or accused in proceedings
before the courts of that place of an offence consisting in an act or
an omission which if committed in these Islands, or in
corresponding circumstances, would constitute any of the offences
mentioned in paragraphs ( a ), ( b ), ( c )   and   ( d )   of sub-article (1) of
  26        CAP. 101. h               DANGEROUS DRUGS   
article 24A, the Attorney General may apply to the Criminal Court
for an order (hereinafter referred to as a "freezing order") having
the same effect as an order as is referred to in sub-article (1) of
article 22A and the provisions of the said article 22A shall, subject
to the following provisions of this article, apply  mutatis mutandis
to that order.
(2) The first proviso of sub-article (1) of article 22A shall not
apply to a freezing order made under this article unless:
( a ) the accused is present in Malta on the date the order is
made; or
( b ) the Attorney General or any other interested person
present in Malta applies to the court, before or after
the order is made, for the application of that proviso in
which case the court shall only apply the proviso to the
extent that it is satisfied that the application of the
proviso is necessary to allow the accused and his
family a decent living.
(3) In the case of a freezing order under this article it shall be
sufficient that the order contains at least four of the particulars
referred to in sub-article (4) of article 22A and may also contain
any other particulars, including the passport number, of the accused
as may be useful to identify the accused.
(4) Subject to the provisions of sub-article (5), a freezing order
under this article shall remain in force for a period of six months
from the date on which it is made but shall be renewed by the court
for further periods of six months upon an application for that
purpose by the Attorney General and upon the court being satisfied
that:
( a ) the conditions which led to the making of the order
still exist; or
( b ) that the accused has been convicted of an offence as is
referred to in sub-article (1) of this article in the
proceedings referred to in the same sub-article and the
sentence in regard to the accused in those proceedings
or any confiscation order consequential or accessory
thereto, whether made in civil or criminal proceedings,
has not been executed:
Provided that where the accused has been convicted as
aforesaid but no confiscation order has been made in the sentence
in respect of that conviction the freezing order shall nevertheless be
renewed as requested by the Attorney General where the court is
satisfied that civil or criminal proceedings for the making of such
an order are pending or are imminent. 
(5) Any freezing order under this article may be revoked by the
Court before the expiration of the period laid down in sub-article
(4) of this article:
( a ) at the request of the Attorney General; or
( b ) at the request of any interested person and after
hearing the Attorney General upon the court being
                            DANGEROUS DRUGS                              g CAP. 101.         27
satisfied:
(i) that the conditions which led to the making of
the order no longer exist; or
(ii) that there has been a final decision in the
proceedings referred to in sub-article (1) of this
article by virtue of which the accused has not
been found guilty of any offence as is referred to
in the same sub-article.
(6) Article 22B shall also apply to any person who acts in
contravention of a freezing order under this article.
Enforcement of 
confiscation orders 
made by courts 
outside Malta 
following 
conviction for 
offences 
cognizable by 
those courts. 
Added by: 
XVI.1996.4.
24D.  (1) A confiscation order made by a court outside Malta
shall be enforceable in Malta in accordance with the following
provisions of this article.
(2) Where the Attorney General receives a request made by a
judicial or prosecuting authority of any place outside Malta for the
enforcement in Malta of a confiscation order made by a competent
court in that place (hereinafter referred to as a "foreign confiscation
order") the Attorney General may bring an action in the First Hall
of the Civil Court by an application containing a demand that the
enforcement in Malta of the foreign confiscation order be ordered.
(3) The Attorney General shall attach to the application a copy
of the relevant foreign confiscation order together with all such
documents in support of the demand as it may be in his power to
produce and shall indicate in his application the names of all the
witnesses he intends to produce, stating in respect of each the proof
which he intends to make.
(4) The application shall be served on the person whose
property the foreign confiscation order purports to confiscate who
shall file his reply within fifteen days after the date of the service
of the application. The reply shall contain a list of the witnesses
which the respondent intends to produce stating in respect of each
the proof which he intends to make and the respondent shall attach
to the reply all such documents he intends to produce in evidence as
it may be in his power to produce.
(5) The court shall without delay, set down the application for
hearing at an early date, which date shall in no case be later than
thirty days from the date of the filing of the application.
(6) The court shall not order the enforcement in Malta of the
foreign confiscation order if:
( a ) the respondent had not been notified of the
proceedings which led to the making of the relevant
foreign confiscation order so as not to have had an
adequate opportunity to contest the making of the
same order;
( b ) the foreign confiscation order was obtained by fraud
on the part of any person to the prejudice of the
respondent;
( c ) the foreign confiscation order contains any disposition
  28        CAP. 101. h               DANGEROUS DRUGS   
contrary to the public policy, or the internal public law
in force in Malta;
( d ) the foreign confiscation order contains contradictory
dispositions.
(7) A decision by the court ordering the enforcement of a
foreign confiscation order shall have the effect of forfeiting in
favour of the Government of Malta all things and property
whatsoever situated in Malta the confiscation of which had been
ordered in the foreign confiscation order subject to any directions
which the Government of Malta may give providing for the further
disposal of the same things and property so forfeited.
Cap. 12.
(8) The decision ordering the enforcement of a foreign
confiscation order which provides for the forfeiture of immovable
property or of any title to such property shall have the effect of
transferring that immovable property or that title to the
Government of Malta and for the purposes of article 239 of the
Code of Organization and Civil Procedure the Attorney General
shall be considered as the interested party that may obtain the
registration of such transfer.
(9) The decision ordering the enforcement of a foreign
confiscation order which provides for the forfeiture of unspecified
property the value of which corresponds to proceeds shall, upon
being registered in the Public Registry Office, create as from the
day of registration a hypothec in regard to the debt amounting to
the said value.
Cap. 12.
(10) Where the Attorney General receives a request as is
referred to in sub-article (2) of this article the Attorney General
may, for the purpose of securing any or all of the property which
the foreign confiscation order purports to confiscate or forfeit,
apply to the Civil Court, First Hall, for the issue of all or any of the
precautionary acts referred to in article 830 of the Code of
Organization and Civil Procedure:
Provided that sub-article (2) of the aforesaid article 830 and
paragraphs ( c ), ( d )   and   ( e ) of sub-article (1) of article 836 and of
the Code of Organization and Civil Procedure shall not apply to
any precautionary act issued by virtue of this article.
(11) Saving the preceding provisions of this article, the
provisions of the Code of Organization and Civil Procedure
relating to proceedings before the Civil Court, First Hall, shall
apply in relation to any application under this article.
(12) For the purposes of this article:
"confiscation order" includes any judgement, decision,
declaration, or other order made by a court whether of criminal or
civil jurisdiction providing or purporting to provide for the
confiscation or forfeiture of:
(i) proceeds;
(ii) property into which proceeds have been
transformed or converted;
(iii) property with which proceeds have been
                            DANGEROUS DRUGS                              g CAP. 101.         29
intermingled;
(iv) income or other benefits derived from (i), (ii),
and (iii) above;
(v) property the value of which corresponds to
proceeds; or
(vi) dangerous drugs, materials and equipment or
other instrumentalities used in or intended for
use in any manner in a relevant offence;
"proceeds" means any economic advantage and any property
derived from or obtained, directly or indirectly, through the
commission of a relevant offence and includes any income or other
benefits derived from such property;
"property" means assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, and
legal documents or instruments evidencing title to, or interest in,
such assets; 
"relevant offence" means any offence consisting in any act or
omission which if committed in these Islands, or in corresponding
circumstances, would constitute any of the offences mentioned in
paragraphs   ( a ), ( b ), ( c )   and   ( d ) of sub-article (1) of article 24A.
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 if
the importer or exporter, as the case may be, is the holder of a
licence or authorization issued under this Ordinance authorizing the
importation or exportation, as the case may be, of the article and
complies with the conditions, if any, of the licence or authorization,
but not otherwise.
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 by
evidence any licence, authority or other matter of exception or
defence, and the burden of proving any such matter shall lie on the
person seeking to avail himself thereof.
(2) When the offence charged is that of possession of, or of
selling or dealing in, a drug contrary to the provisions of this
Ordinance it shall not be a defence to such charge for the accused
to prove that he believed that he was in possession of, or was
selling or dealing in, some thing other than the drug mentioned in
the charge if the possession of, or the selling of dealing in, that
other thing would have been, in the circumstances, in breach of any
other provision of this Ordinance or of any other law.
Detention during 
inquiry. 
Added by: 
VIII. 1986.5. 
Amended by: 
VIII. 1990.3; 
VI.1994.18.  
Cap. 9.
27. Notwithstanding the provisions of the Criminal Code, and
saving the extensions by the President of Malta of the term of the
inquiry as provided in sub-article (1) of article 401 of that Code,
where the Attorney General has directed that a person charged with
selling or dealing in a drug against this Ordinance or charged with
promoting, constituting, organising or financing a conspiracy under
paragraph ( f )   of sub-article (1) of article 22 or with the offence
mentioned in sub-article (1C) of the said article 22 is to be tried in
the Criminal Court, such person shall be arraigned under arrest and
  30        CAP. 101. h               DANGEROUS DRUGS   
the Court of Magistrates as a court of criminal inquiry shall
conclude the inquiry within the term of twenty days from the
arraignment, and until the expiration of that term or, if the inquiry
is concluded at an earlier date, until such day, the person accused
shall not be granted temporary release from custody, but at the end
of those twenty days or such earlier date as aforesaid, the court may
grant temporary release from custody in accordance with the
provisions of that Code:
Provided that if the term of the inquiry is held in abeyance
for the reason specified in paragraph ( c )   of sub-article (1) of article
402 of the Criminal Code, the court may nonetheless grant
temporary release from custody after the lapse of twenty 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 competent
court in passing judgment as being so owed and payable to
Government and shall be executable in the same court pronouncing
judgment in the same manner as if it had been given in a civil
action duly instituted between the Government and the person
convicted.
Cap. 9.
(2) Where however the prosecution informs the competent
court that the pecuniary penalty has not been recovered by the
Government as provided for in the preceding sub-article, such
penalty or any part thereof not recovered, shall be treated as a fine
(multa  or  ammenda)  as inflicted by the court and shall be converted
into imprisonment, without the benefit of time for payment, in
accordance with the provisions of the Criminal Code.
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 to
apprehend the person or persons who supplied him with the drug,
or the person found guilty as aforesaid proves to the satisfaction of
the court that he has so helped the Police, the punishment shall be
diminished, as regards imprisonment by one or two degrees, and as
regards any pecuniary penalty by one-third or one-half.
Evidence by 
accomplice.  Added 
by: 
VIII. 1986.5. 
Cap. 9.
* 30. Notwithstanding the provisions of sub-article (3) of article
639 of the Criminal Code where a person has purchased or
otherwise obtained or acquired a drug contrary to the provisions of
this Ordinance, the evidence of such person in proceedings against
the person from whom he shall have purchased, obtained or
acquired the drug, shall not require to be corroborated by other
circumstances.
Statement may be 
admitted as evi-
dence. 
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 confirmed
on oath before a magistrate and any evidence given by such person
before any court may be received in evidence against any other
* See  article 7 of Act VIII of 1986.
                            DANGEROUS DRUGS                              g CAP. 101.         31
person charged with an offence against the said Ordinance,
provided it appears that such statement or evidence was made or
given voluntarily, and not extorted or obtained by means of threats
or intimidation, or of any promise or suggestion of favour.
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 Executive Police and, where appropriate,
the Customs Authorities to allow, with the consent of the Attorney
General or of a magistrate, a controlled delivery to take place.
(2) For the purposes of this article a controlled delivery means
the technique of allowing an illicit or suspect consignment of a
dangerous drug (as defined in article 12) or of money, property or
proceeds as referred to in article 22(1C)( a ) to pass out of, through
or into Malta, or from one place or person in Malta to another place
or person in Malta, or into the territory of another country, with the
knowledge and under the supervision of the Executive Police and,
where appropriate, of the Customs Authorities and of the
competent authorities of such other country, with a view to
identifying persons involved in commission of offences under this
Ordinance or under the corresponding law in force in the territory
of such other country.
(3) It shall also be lawful for the Executive Police or for a
person under the supervision or direction of the Executive Police,
with a view to identifying persons involved in the commission of
offences under this Ordinance, and with the consent of the Attorney
General or of a magistrate, to acquire or procure a dangerous drug
(as defined in article 12) or a suspect consignment of money,
property or proceeds as referred to in article 22(1C)( a ) from any
person or place.
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 sub-article (2), where a
witness, expert or other person in a foreign country consents, in
respect of an offence contrary to the provisions of this Ordinance,
to give evidence in a proceeding or to assist in an investigation,
prosecution or judicial proceeding in Malta following a request for
assistance to that effect made by the competent authority in Malta
to the competent authority in that foreign country that witness,
expert or other person shall not, while in Malta, be prosecuted,
detained, punished or subjected to any other restriction of his
personal liberty in respect of acts, omissions or convictions prior to
his departure from the foreign country.
(2) The provisions of sub-article (1) shall cease to apply when
the witness, expert or other person:
( a ) fails to leave Malta, after having had the opportunity
to do so, within a period of fifteen consecutive days
from the date on which he has been served by the
Attorney General with a notice informing him that his
presence in Malta is no longer required; or
( b ) having left Malta, has returned of his own free will.
  32        CAP. 101. h               DANGEROUS DRUGS   
Co-operation in the 
suppression of 
relevant offences at 
sea. 
Added by: 
XVI.1996.5.
30D. (1) Where the Attorney General receives a request made
by a judicial or prosecuting authority of any place outside Malta
(hereinafter in this article referred to as the "requesting authority")
seeking authorisation for the competent authorities of that place to
take appropriate measures in regard to a relevant vessel reasonably
suspected to be engaged in the commission of a relevant offence the
Attorney General may, with the concurrence of the Prime Minister,
authorise the taking of the said measures by the aforesaid
competent authorities subject to such conditions as may be agreed
between the requesting authority and the Attorney General, with
the concurrence of the Prime Minister.
(2) Where authorisation has been given by the Attorney
General as aforesaid the competent authorities referred to in the
sub-article (1), subject to the conditions as may have been agreed
upon as provided in the same sub-article, shall be authorised to take
the appropriate measures and to exercise on board the vessel in
regard to which appropriate measures have been authorised under
this article all such powers of arrest, entry, search and seizure as are
vested in the executive police of Malta.
(3) For the purposes of this article:
"relevant offence" shall have the same meaning assigned to it by
sub-article (12) of article 24D;
"relevant vessel" means a ship or any other floating craft of any
description, including hovercrafts and submersible crafts, flying
the flag of Malta or displaying the marks of registry of Malta and
exercising freedom of navigation in accordance with international
law; and
"appropriate measures" with regard to a vessel include the
boarding of and carrying a search on such vessel as well as such
other appropriate action with respect to the vessel, persons and
cargo on board such vessel if evidence of involvement of the vessel
in a relevant offence is found.
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 Traffic
in Narcotic Drugs and Pyschotropic Substances, done at Strasbourg
on the 31st day of January, 1995, hereinafter in this article referred
to as ''the European Convention''.
(2) The Minister responsible for the Police may make
regulations generally for implementing the provisions of the
European Convention and may, in particular, by such regulations:
( a ) extend the jurisdiction of the Maltese courts;
( b ) authorise the boarding, search and arrest of vessels;
( c ) provide that certain officials, whether Maltese or
foreign, shall, for the purpose of any law in Malta, be
considered as officers protected by those laws;
( d ) provide for the designation of authorities for the
purposes of the European Convention;
                            DANGEROUS DRUGS                              g CAP. 101.         33
Cap. 31.
( e ) provide for the application of these regulations and of
the provisions of this Ordinance to the drugs to which
the provisions of the Medical and Kindred Professions
Ordinance apply, in accordance with the said European
Convention,
all as provided in the said European Convention, and may moreover
provide that any part of the European Convention shall, to the
extent provided in such regulations, have the force of law in Malta.
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 sub-article (2) of article 22 of
this Ordinance, that a person be tried in the Criminal Court, he may,
at any time before the filing of the bill of indictment or at any time
after filing the bill of indictment before the jury is empanelled, and
with the consent of the accused, direct that that person be tried
before the Court of Magistrates, and upon such direction the Court
of Magistrates as a court of criminal judicature shall become
competent to try that person as if no previous direction had been
given. Where the Attorney General has given such new direction
after the filing of the bill of indictment, the registrar of the
Criminal Court shall cause the record to be transmitted to the Court
of Magistrates, and shall cause a copy of the Attorney General’s
direction to be served on the Commissioner of Police.
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
of this Ordinance, the Court of Magistrates shall be competent to
try all offences against this Ordinance as directed by the Attorney
General in accordance with the provisions of sub-article (2) of
article 22 of this Ordinance.
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 Court of
Criminal Appeal from any judgment given by the Court of
Magistrates in respect of criminal proceedings arising out of the
provisions of this Ordinance.
Amendment of 
Schedules.
Added by:
II. 1998.8.
34. The Minister responsible for public health may by
regulations amend any of the Schedules to this Ordinance.
* See  article 7 of Act VIII of 1986.
  34        CAP. 101. h               DANGEROUS DRUGS   
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 .
FIRST SCHEDULE
Preparations containing any of the drugs included in Parts I and
II of this Schedule subject to the exemptions listed in Part III of this
Schedule.
PART I 
ACETORPHINE
ACETYLMETHADOL 
ACETYLALPHAMETHYL FENTANYL 
ALFENTANIL
ALLYLPRODINE 
ALPHACETYLMETHADOL 
ALPHAMEPRODINE 
ALPHAMETHADOL 
ALPHAMETHYL FENTANYL
ALPHAMETHYL THIOFENTANYL 
ALPHAPRODINE
ANILERIDINE 
BENZETHIDINE 
BENZYLMORPHINE 
BETACETYLMETHADOL 
BETA-HYDROXYFENTANYL 
BETA-HYDROXY-3-METHYLFENTANYL
BETAMEPRODINE
BETAMETHADOL 
BETAPRODINE 
BEZITRAMIDE 
CANNABIS (Indian Hemp) - any extract or tincture thereof
CLONITAZENE
COCAINE 
CODOXIME 
Concentrate of poppy straw (the material arising when poppy
straw has entered into a process for the concentration of its alkaloid
when such material is made available in trade)
DESOMORPHINE 
DEXTROMORAMIDE 
DIAMPROMIDE 
DIETHYLTHIAMBUTENE 
DIFENOXIN
                            DANGEROUS DRUGS                              g CAP. 101.         35
DIHYDROMORPHINE 
DIMENOXADOL 
DIMEPHEPTANOL 
DIMETHYLTHIAMBUTENE 
DIOXAPHETYL BUTYRATE
DIPHENOXYLATE 
DIPIPANONE
DROTEBANOL 
ECGONINE, its esters and derivatives which are convertible to
ecgonine and cocaine
ETHYLMETHYLTHIAMBUTENE 
ETONITAZENE
ETORPHINE 
ETOXERIDINE 
FENTANYL 
FURETHIDINE 
HEROIN 
HYDROCODONE 
HYDROMORPHINOL 
HYDROMORPHONE 
HYDROXYPETHIDINE
ISOMETHADONE 
KETOBEMIDONE 
LEVOMETHORPHAN* 
LEVOMORAMIDE 
LEVOPHENACYLMORPHAN 
LEVORPHANOL* 
MEDICINAL OPIUM
METAZOCINE 
METHADONE 
METHADONE - INTERMEDIATE 
METHYLDESORPHINE 
METHYLDIHYDROMORPHINE 
METHYLFENTANYL (CIS and TRANS ISOMERS)
METHYLPHENYLPIPERIDOL PROPRIONATE (MPPP)
METOPON
MORAMIDE - INTERMEDIATE 
  36        CAP. 101. h               DANGEROUS DRUGS   
MORPHERIDINE 
MORPHINE
MORPHINE METHOBROMIDE and other pentavelent nitrogen
morphine derivatives, including in particular the morphine-Noxide
derivatives, one of which is Codeine-N-Oxide
MORPHINE-N-OXIDE 
MYROPHINE 
NICOMORPHINE 
NORACYMETHADOL
NORLEVORPHANOL 
NORMETHADONE
NORMORPHINE 
NORPIPANONE 
OXYCODONE 
OXYMORPHONE 
PARA-FLUOROFENTANYL 
PETHIDINE
PETHIDINE - INTERMEDIATE - A 
PETHIDINE - INTERMEDIATE - B 
PETHIDINE - INTERMEDIATE - C 
PHENADOXONE
PHENAMPROMIDE 
PHENAZOCINE 
PHENETHYLPHENYLPIPERIDOL ACETATE 
   (ESTER) (PEPAP)
PHENOMORPHAN 
PHENOPERIDINE 
PIMINODINE 
PIRITRAMIDE 
PROHEPTAZINE 
PROPERIDINE 
RACEMETHORPHAN 
RACEMORAMIDE 
RACEMORPHAN 
REMIFENTANIL
SUFENTANIL 
THEBACON 
THEBAINE 
                            DANGEROUS DRUGS                              g CAP. 101.         37
TILIDINE
TRIMEPERIDINE 
The isomers, unless specifically excepted, of the drugs in this
Part of the Schedule whenever the existence of such esters or ethers
is possible;
The esters and ethers, unless appearing in another Part of this
Schedule, of the drugs in this Part of the Schedule whenever the
existence of such esters or ethers is possible;
The salts of the drugs listed in this Part of the Schedule,
including the salts of esters, ethers and isomers as provided above
whenever the existence of such salts is possible.
*DEXTROMETHROPHAN and DEXTRORPHAN are
specifically excluded from this Part of the Schedule.
PART II 
ACETYLDIHYDROCODEINE
CODEINE 
DEXTROPROPOXYPHENE 
DIHYDROCODEINE 
ETHYLMORPHINE
NICOCODINE
NICODICODINE 
NORCODEINE 
PHOLCODINE
PROPIRAM
The isomers, unless specifically excepted, of the drugs in this
Part of the Schedule whenever the existence of such isomers is
possible within the specific chemical designation;
The salts of the drugs listed in this Part of the Schedule,
including the salts of the isomers as provided above whenever the
existence of such salts is possible.
PART III 
Exemptions
1. Preparations of:
ACETYLDIHYDROCODEINE 
CODEINE
  38        CAP. 101. h               DANGEROUS DRUGS   
DIHYDROCODEINE 
ETHYLMORPHINE 
NICOCODINE 
NICODICODINE 
NORCODEINE, and
PHOLCODINE 
when compounded with one or more other ingredients and
containing not more than 100 milligrammes of the drug per dosage
unit and with a concentration of not more than 2.5 per cent in
undivided preparations.
2. Preparations of propiram containing not more than 100 mg
of propiram per dosage unit and compounded with at least the same
amount of methylcellulose.
Cap. 31.
3. Preparations for oral use containing not more than 135
milligrams of dextropropoxyphene base per dosage unit or with a
concentration of not more than 2.5 per cent in undivided
preparations, provided that such preparations do not contain any
substance contained in the Third Schedule to the Medical and
Kindred Professions Ordinance.
4. Preparations of cocaine containing not more than 0.1 per
cent of cocaine calculated as cocaine base and preparations of
opium or morphine containing not more than 0.2 per cent of
morphine calculated as anhydrous morphine base and compounded
with one or more other ingredients and in such a way that the drug
cannot be recovered by readily applicable means or in a yield
which would constitute a risk to public health.
5. Preparations of difenoxin containing, per dosage unit, not
more than 0.5mg of difenoxin and a quantity of atropine sulfate
equivalent to at least 5 per cent of the dose of difenoxin.
6. Preparations of diphenoxylate containing per dosage unit,
not more than 2.5 milligrammes of diphenoxylate calculated as
base and a quantity of atropine sulphate equivalent to at least one
per cent of the dose of diphenoxylate.
7. Pulvis ipecacuanhae et opii compositus 
 10 per cent opium in powder
 10 per cent ipecacuanha root, in powder well mixed with 
 80 per cent of any other powdered ingredient containing no
drug.
8. Preparations conforming to any of the formulae listed in
this Part of the Schedule and mixtures of such preparations with
any material which contains no drug.
                            DANGEROUS DRUGS                              g CAP. 101.         39
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....................
Government of Malta                   File No . ..................
CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT
I, being the person charged with the administration of the law
relating to dangerous drugs to which the Single Convention 1961
applies, hereby certify that I have approved the importation by *  
of  †
from ‡
subject to the conditions that -
(i) the consignment shall be imported before the 
(ii) the consignment shall be imported in one
consignment; and 
(iii) if the importation of all the drugs specified
above is not effected before the date specified in
condition No. (i) this authorization shall be
surrendered forthwith to the Chief Government
Medical Officer
and that I am satisfied that 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 and
coca leaf). 
(Date).............................
(Signature and stamp of the
Chief Government Medical Officer).
This document is solely for production to the government of the
country from which the drug is proposed to be obtained.
*Insert name, address and business of importer.
†Insert exact description and amount of drugs to be imported.
‡Insert name and address of firm in exporting country from which the drug is to be
obtained.
§Strike out words not applicable.
  40        CAP. 101. h               DANGEROUS DRUGS   
Substituted by:
VI. 1994.20.
FORM B 
(Article 13 (1))
DANGEROUS DRUGS ORDINANCE 
(Chapter 101)
File No................................
Applicant’s
Reference No  ....................
Serial No  . ..............................
EXPORT AUTHORIZATION
In pursuance of the Dangerous Drugs Ordinance (Chapter 101),
the Chief Government Medical Officer hereby authorizes
(hereinafter called "the exporter")
to export from -
(1)  *  the port of                                 by s. s.
(2)  *  Malta by Parcel Post in 
parcels from the 
to
in virtue of import Certificate No.           dated
issued by
the following drugs, namely:
This authorization is issued subject to the following conditions:
1. This authorization is not a licence to obtain or to be in
possession of the drugs named herein.
2. This authorization is available only for drugs of the exact
quantity, kind and form specified above.
3. This authorization does not relieve the exporter from
compliance with any customs regulations in force for the time
being relating to the exportation of goods from Malta nor from any
provision of the Post Office Act (Chapter 254) or of any post office
regulations for the time being in force, nor from any rules or
regulations respecting the transmission of articles by post which
may for the time being be in force, whether within Malta or
elsewhere.
4. If the drugs are authorized to be exported by ship the
duplicate copy, which is attached, shall accompany the
consignment to the place of destination and for this purpose the
exporter shall cause it to be delivered to the master of the vessel by
which the consignment is despatched.
5. If the drugs are authorized to be exported by post the
attached duplicate copy shall be placed inside the outer wrapper of
the parcel containing the drugs. If the drugs are contained in more
than one parcel, the duplicate copy shall be placed inside the outer
wrapper of one of them; the parcels shall be consecutively
numbered on the outer wrapper, and on each parcel there shall be
* Strike out words not applicable.
                            DANGEROUS DRUGS                              g CAP. 101.         41
legibly stated the number of the parcel in which the duplicate copy
is to be found. g See footnote  (2).h
6. The exporter, if so required by the Comptroller of Customs,
shall produce to him, within such time as he may allow, proof to his
satisfaction that the said drugs were duly delivered at the
destination named in this authorization, and in the event of non-
compliance with this condition the authorization shall be deemed
void and of no effect.
7. The exporter shall furnish to the Chief Government
Medical Officer such returns of the goods exported by him in
pursuance of this authorization as may from time to time be
required.
8. This authorization is valid only for the exporter named
above and may be revoked at any time by the Chief Government
Medical Officer. It shall be produced for inspection when required
by any duly authorized person.
9.  This authorization, unless sooner revoked, shall continue
in force for three calendar months from the date hereof. It must be
produced at the time of export, to an officer of -
(1)  *  the Customs Department,
(2)  * the Post Office,
who will retain it. If not used it shall be surrendered to the Chief
Government Medical Officer within seven days of the date of its
expiry.
Date...........................
......................................
(Signature and stamp of the
 Chief Government Medical Officer).
Note:
(1) If any alteration is desired in this authorization it must be
returned with a request for amendment and a statement of the
reasons therefor. No unauthorized alteration is permissible.
(2) In the case of drugs exported by post failure to comply with
this condition may lead to delay or confiscation of the parcels in the
country of destination.
*Strike out words not applicable.
  42        CAP. 101. h               DANGEROUS DRUGS   
FORM C
(Article 14 (1))
DANGEROUS DRUGS ORDINANCE 
(CHAPTER 101) 
Authorization No .................
File No .................
IMPORT AUTHORIZATION
In pursuance of the Dangerous Drugs Ordinance (Chapter 101)
(hereinafter called "the Ordinance"), the Chief Government
Medical Officer hereby authorizes  *
(hereinafter called "the importer") to import the drugs specified
in the Schedule hereto, from †
This authorization is issued subject to the following conditions: 
1. The drugs shall be imported before (date)
2. This authorization is not a licence to be in possession of or
to supply the drug imported.
3. This authorization does not relieve the importer from
compliance with any Customs regulations in force for the time
being relating to the importation of goods into or transhipment of
goods in Malta, or any Post Office regulations for the time being in
force in Malta.
4. This authorization is valid only for the importer and may
be revoked at any time by the Chief Government Medical Officer to
whom it shall in that event be immediately surrendered. It shall be
produced for inspection when required by any duly authorized
person.
5. This authorization unless sooner revoked shall be produced
to the Comptroller of Customs at the time of importation and shall
be surrendered to the Comptroller of Customs at the time when the
last consignment of drugs is imported.
6. If the importation of all the drugs specified in the Schedule
is not effected before the date specified in condition No. 1 this
authorization shall immediately after that date be surrendered to the
Chief Government Medical Officer.
7. The copy of the export authorization, if any, which
accompanies the drugs, shall be forwarded to the Chief
Government Medical Officer immediately the importation of the
drugs has been effected.
(Date) .............................
............................................
(Signature and stamp of the
Chief Government Medical Officer.)
*Insert name and full postal address of importer.
†Insert name and full postal address of exporter.
                            DANGEROUS DRUGS                              g CAP. 101.         43
This authorization is not to leave the possession of the importer
until it is surrendered to the Chief Government Medical Officer or
to the Comptroller of Customs, who will complete the certificate on
the back and return the authorization to the Chief Government
Medical Officer.
ENDORSEMENT BY COMPTROLLER OF CUSTOMS 
at the time of Importation
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.
SCHEDULE specifying the drugs and quantities thereof to be
imported.
Date Description 
of drugs 
imported
  Number and   
date of Export 
Authorization
Quantity How 
imported
Customs 
entry or 
Parcel No.  
Signature and 
stamp of 
Comptroller 
of Customs
e.g., 
ex ... (In the 
case of a 
ship), or by 
registered 
parcel post or 
by insured 
box post.
  44        CAP. 101. h               DANGEROUS DRUGS   
FORM D
 (Article 16 (1))
DANGEROUS DRUGS ORDINANCE 
(CHAPTER 101) 
LICENCE FOR THE REMOVAL OF DANGEROUS DRUGS IN 
TRANSIT
.................................................is hereby authorized to move the
dangerous drugs described hereunder from .....................................
..........................to .........................................................................
Nature and quantity of dangerous drugs .........................................
Particulars of export authorization (or
diversion certificate if any) relating thereto ............................. 
.......................................................................................................
Name of ship on which the drugs
were brought into Malta                    ..................................... 
Date of arrival                                  ..................................... 
Number of packages                         ..................................... 
Marks and numbers on packages       .....................................
 
This licence is issued subject to the following conditions: - 
(1) This licence is valid only for the removal of the drugs
specified above.
(2) The removal of the drugs shall take place between 
a.m./p.m. and ............... a.m./p.m. on the ........................................
19...............
(3) If the removal of the drugs does not take place within the
hours and on the day specified, this licence must be returned to the
Comptroller of Customs forthwith; and in any case shall be
surrendered when the removal has taken place.
(4) The drugs must not be moved unless an officer of the
Customs Department is present.
(5) This licence does not authorize the person named above to
be in possession of the drugs otherwise than for the purpose of
removing them in accordance with this licence.
(6) The packages containing the drugs are not to be opened or
broken in the course of the removal.
(7) This licence shall be produced at any time when required
by a duly authorized person.
(Date) .......................
................................................
(Signature and stamp of the
Comptroller of Customs.)
                            DANGEROUS DRUGS                              g CAP. 101.         45
Substituted by:
VI. 1994.20.
FORM E 
(Article 18 (1))
DANGEROUS DRUGS ORDINANCE 
(CHAPTER 101) 
DIVERSION CERTIFICATE
I, hereby certify that I have authorized the diversion of the
consignment of drugs, of which particulars are given below, to the
destination stated below:-
Description and quantities of drugs                  ...............................
Name of vessel on which the consignment
was brought to Malta                                       ...............................
Name and address of the exporter                     ...............................
Number and date of export authorization
and authority by whom issued                          ...............................
Name and address of original consignee
named in the export authorization                    ...............................
Name and address of consignee to whom the
consignment is authorized to be diverted          ...............................
Number and date of import certificate
(and authority by whom issued) by virtue of
which this diversion is authorized                    ...............................
Name of vessel on which the consignment
is authorized to be carried from Malta              ...............................
Period within which the consignment is
to be carried from Malta                                   ...............................
This certificate is issued subject to the following conditions:
(1) The duplicate copy of this certificate shall accompany the
consignment to the place of destination, and for this purpose shall
be delivered to the master of the vessel by which the consignment
is despatched.
(2) This certificate does not relieve any person who may be
concerned with the carriage of the consignment of drugs specified
above from compliance with any customs regulations in force for
the time being relating to the exportation of goods from Malta.
(3) This certificate is valid only for the consignment and for
the period specified above, and may be revoked at any time.
(4) If the consignment of drugs is not carried from Malta
within the period specified above, this certificate shall be
  46        CAP. 101. h               DANGEROUS DRUGS   
surrendered to the Chief Government Medical Officer.
(5) This certificate shall be produced at any time when
required by a duly authorized person.
(Date)......................
...................................................
(Signature and stamp of the Chief
Government Medical Officer)
________________
Note:
(1) If any alteration is desired in this authorization, it must be
returned with a request for amendment and a statement of the
reason therefor. No unauthorized alteration is permissible.
(2) This document is to be produced to the competent
authorities of any country through which the consignment passes,
whether it is transhipped or not. Failure to comply with the
condition may lead to delay or confiscation of the consignment.
                            DANGEROUS DRUGS                              g CAP. 101.         47
TABLE I
CATEGORY I
The stereoisomeric forms of the substances listed in this Category not being
cathine ( 2 ) whenever the existence of such forms is possible.
The salts of the substances listed in this Category whenever the existence of such
salts is possible and not being the salts of cathine.
CATEGORY II
The salts of the substances listed in this Category whenever the existence of such
salts is possible.
CATEGORY III
THIRD SCHEDULE A dded 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
acid
2924 23 00
2932 91 00
89-52-1
120-58-1
3,4-methylenedioxyphenl-
propan-2-one
1-(1,3-Benzodioxol-
5-yl)propan-2-one
2932 92 00 4676-39-5
Piperonal 2932 93 00 120-57-0
Safrole 2932 94 00 94-59-7
Ephedrine  2939 41 00 299-42-3
Pseudoephedrine 2939 42 00 90-82-4
Norephedrine
Ergometrine 
Ex 2939 49 00
2939 61 00
14838-15-4
60-79-7
Ergotamine  
Lysergic acid  
2939 62 00
2939 63 00
113-15-5
82-58-6
Substance CN designation
(if different)
CN code CAS No ( 1 )
Acetic anhydride   2915 24 00 108-24-7
Phenylacctic acid   2916 34 00 103-82-2
Anthranilic acid   2922 43 00 118-92-3
Piperidine   2933 32 00 110-89-4
Potassium permanganate 2841 61 00 7722-64-7
Substance CN designation
(if different)
CN code CAS No ( 1 )
Hydrochloric acid Hydrogen chloride 2806 10 00 7647-01-0
Sulphuric acid
Toluene
2807 00 10
2902 30 00
7664-93-9
108-88-3
  48        CAP. 101. h               DANGEROUS DRUGS   
The salts of the substances listed in this Category whenever the existence of such
salts is possible and not being the salts of hydrochloric acid and sulphuric acid.
( 1 ) The CAS No. is the ''Chemical Abstract Service Registry Number'' which is
a unique numeric identifier specific to cash substance and its structure. The CAS No.
is specific to each isomer and to each salt of each isomer. Hence the CAS Nos for the
salts of the substances listed above are different to those given.
( 2 ) Also named (1)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-
7.
TABLE II
ACETIC ANHYDRIDE
ACETONE
ANTHRANILIC ACID
ETHYL ETHER
PHENYLACETIC ACID
PIPERIDINE
METHYL ETHYL KETONE
TOLUENE
POTASSIUM PERMANGANATE
SULPHURIC ACID
HYDROCHLORIC ACID
The salts of the substances listed in this Table whenever the existence of such salts
is possible.
Ethyl ether
Acetone
Diethyl ether  2909 11 00
2914 11 00
60-29-7
67-64-1
Methylethylketone Butanone 2914 12 00 78-93-3
