L.S. 628.02 Regolamenti dwar l-Użu Responsabbli tal-Kannabis (Pussess ta’ Kannabis minn Assoċjazzjonijiet)

(1)The title of these regulations is the Responsible Use of Cannabis (Possession of Cannabis by Associations) Regulations. Citation and scope.

(2)The scope of these regulations is to implement limits on the amount of Cannabis that may be held by associations established in accordance with the provisions of article 7A of the Drug Dependence (Treatment not Imprisonment) Act.    Cap.

2. requires: Interpretation. In these regulations, unless the context otherwise "administrator" means any person who is appointed or elected to form part of the Board of Administrators of an association to control and administer such association; "association" shall have the same meaning as assigned to it in regulation 5 of the Responsible Use of Cannabis (Licensing of Organisations) Regulations and shall include an "organization" in accordance with article 7A of the Drug Dependence (Treatment not Imprisonment) Act;   S.L. 628.01.   Cap.
3. "Authority" means the Authority on the Responsible Use of Cannabis as established by article 3 of the Authority on the Responsible Use of Cannabis Act;   Cap.
4. "Cannabis" shall have the same meaning as assigned to it in article 2

(1)of the Dangerous Drugs Ordinance;  Cap.

1. "category" means any one of the permit categories as established in the First Schedule of the Responsible Use of Cannabis (Licensing of Organisations) Regulations;   S.L. 628.
2. "cultivation site" means a property approved by the Authority to be used by an association for the cultivation of cannabis; "distribution site" means a property approved by the Authority to be used for the distribution of Cannabis to members of an association.
3. Notwithstanding any of the provisions of these regulations, the transportation of Cannabis shall only be carried out by persons duly authorised in writing by the Authority for this purpose, Transportation of Cannabis by associations. 2 RESPONSIBLE USE OF CANNABIS (POSSESSION OF CANNABIS BY ASSOCIATIONS) [ S.L. 628.02] and as subject to such conditions and limits that may be imposed by the Authority by means of a binding instrument or other written direction. Any transportation of Cannabis effected without such prior written authorisation, or in quantities in excess of the limits so determined, shall be prohibited. Storage of Cannabis within distribution sites.
4. An association may retain a stock of Cannabis at the distribution site, packaged and sealed as stipulated by the Authority by means of a binding instrument or other written instruction, in amounts which do not exceed those indicated in the Schedule. Storage of Cannabis within cultivation sites.
5. An association may retain its remaining stock of Cannabis at its cultivation site, as subject to such quantitative limits as may, from time to time, be established by the Authority by means of a binding instrument or other written direction. Any quantity of Cannabis in excess of such limits shall forthwith be destroyed, and both the storage of Cannabis and the destruction of any excess stock shall be effected strictly in accordance with such procedures and conditions as may be prescribed by the Authority by means of a binding instrument or other written direction: Provided that the Authority shall, when determining the amount of Cannabis that may be retained by an association, take into account the size of the association and the demand from its members: Provided further that under no circumstance, shall an association retain at its cultivation site a quantity of Cannabis exceeding the equivalent of eight

(8)months’ supply, calculated on the basis of fifty grams

(50g)per member per month, according to the maximum number of members allowed under the category in which the association was granted an operating permit. Offences and punishments. 6.

(1)The Court of Magistrates as a court of criminal judicature shall be competent to take cognizance of the offences stipulated in these regulations.

(2)Any person or association who, in breach of regulation 3 transports Cannabis on behalf of an association without the prior approval in writing of the Authority, or has in its possession Cannabis in higher amounts than those authorised, shall be guilty of an offence and shall upon conviction be liable to a fine (multa) of not less than one thousand euro (€1,000) but not more than ten thousand euro (€10,000).

(3)Any person or association who, in breach of regulation 4, holds a stock of Cannabis at the distribution site in amounts higher than those permitted in the Schedule, shall be guilty of an offence and shall upon conviction be liable to a fine (multa) of not less than two thousand euro (€2,000) but not more than ten thousand euro (€10,000).

(4)Any person or association who, in breach of regulation 5, RESPONSIBLE USE OF CANNABIS (POSSESSION OF CANNABIS BY ASSOCIATIONS) [ S.L. 628.02] holds a stock of Cannabis at the cultivation site in amounts higher than those permitted in regulation 5, or as stipulated in any binding instrument or written instruction issued by the Authority, shall be guilty of an offence and shall upon conviction be liable to a fine (multa) of not less than five thousand euro (€5,000) but not more than fifty thousand euro (€10,000): Provided that where a person or association is found guilty of an offence and the quantity of Cannabis stored in excess of the maximum permitted in regulation 5, the fine (multa) shall be of not less than twenty thousand euro (€20,000).

(5)Without prejudice to the preceding sub-regulations, any person, whether a member, officer, employee, administrator, or any other individual acting for, through, or in connection with an association, who participates in, authorises, consents to, or otherwise engages in conduct constituting an offence under these regulations, shall likewise be guilty of the said offence and shall upon conviction be liable to the punishment prescribed for such offence as prescribed in sub-regulations

(2),

(3)and

(4).

(6)For the avoidance of doubt, the liability established in accordance with these regulations shall apply irrespective of whether the conduct was carried out on behalf of, in collaboration with, or independently of the association concerned.

(7)The imposition of any punishment in accordance with this regulation shall be without prejudice to any criminal proceedings, action, or prosecution that may be instituted by any other competent authority, including the Executive Police, under any other applicable law, including but not limited to, the provisions of the Dangerous Drugs Ordinance.       Cap. 101.

(8)Without prejudice to any other proceedings that may be instituted in accordance with any applicable law, the Authority may, where it deems appropriate in the circumstances, proceed in accordance with article 7C of the Drug Dependence (Treatment not Imprisonment) Act, and may impose an administrative penalty as an alternative to criminal proceedings for any offence in accordance with these regulations.      Cap. 537. 3 4 [ S.L. 628.02] RESPONSIBLE USE OF CANNABIS (POSSESSION OF CANNABIS BY ASSOCIATIONS) Schedule Stock of Cannabis that may be held at the Distribution Site Category 1 Category 2 Category 3 Category 4 Category 5 three hundred and fifty grams

(350g)seven hundred grams

(700g)one kilogram and seven hundred and fifty grams (1.75kg) two kilograms and four hundred and fifty grams (2.45kg) three kilograms and five hundred grams (3.5kg)