Chapter 101 – Dangerous Drugs Ordinance

D A N G E R O US D R U G S

CHAPTER 101

DANGEROUS DRUGS ORDINANCE To amend and consolidate the law relating to the importation, exportation, manufacture, sale and use of opium and other dangerous drugs.

1st September, 1939 ORDINANCE XXXI of 1939, as amended by Legal Notice 4 of 1963; Acts: XLVIII of 1975, XI of 1977, XXIII of 1980, XLIX of 1981 and XIII of 1983; Legal Notice 32 of 1984; Act VIII of 1986; Legal Notice 58 of 1988; Act VIII of 1990; Legal Notices: 49, 93 of 1990; Acts VI of 1994, XVI of 1996, II of 1998, VI of 2000; Legal Notice 148 of 2000; Act III of 2002; Legal Notices 278 of 2003, 1 of 2004; Acts XVI of 2006, XXIV, XXXI of 2007; Legal Notices 373, 409 of 2007, 331 of 2009; Acts IV, XXIV of 2014, VIII of 2015; Legal Notices 49 of 2016, 359, 360 of 2017, 43 of 2018, 230 of 2018 389 of 2018 V of 2019and Legal Notice 189 of 2019 and 119 and 120 of 2021, 165 of 2022 and 156 of 2023 and Acts XXXI of 2019, IV of 2020, VIII of 2020, V of 2021, XXXVI of 2021 and LXVI of 2021 and Legal Notice 179 of 2024 and Acts VII and XII of 2025 and Legal Notice 97 of 2025.

ARRANGEMENT OF ORDINANCE

Part I.

Part II.

Part III.

Part IV.

Part V.

Part VI.

Title and Interpretation Raw Opium and Coca Leaves Prepared Opium Cannabis Cocaine, Morphine, etc.

Control of External Trade General First Schedule Second Schedule Third Schedule Articles 1-2 3-4 5-6 7-8 9-11 12-19 20-34 D A N G E R O U S D R U GS Short title.

Art. 1

The short title of this Ordinance is the Dangerous Drugs Ordinance.

Interpretation.

Amended by:

XXIII. 1980.2;

VI.1994.2.

V.2019.5;

Art. 2

XII.2025.3. "coca leaves" means the leaves of the Erythroxylum Coca L a m a re k a n d t h e E r y t h ro x y l u m N o v o g r a n a t e n s e ( M o r r i s ) H i e ro n y m u s a n d t h e i r v ar i e t i e s b e l o n g i n g t o t h e f a m i l y o f Erythroxylaceae and the leaves of other species of this genus from which cocaine can be extracted either directly or by chemical transformation; "Cannabis" means the inflorescence and leaves of any plant of the genus Cannabis and includes any resin obtained from the said plant and any preparations derived from the said plant, but does not include its seeds, or inflorescence, leaves, extracts and products derived from non-psychoactive phytocannabinoids containing not more than zero point two (0.2) percent of psychoactive cannabinoids:

Provided that synthetic cannabinoids and synthetic cannabinoid products, in any form or manner of presentation, including but not limited to any matter originally derived from the cannabis plant which has been processed, refined or otherwise chemically altered, as well as manufactured products, edible products, liquids, powders, or vapourisable substances, shall be deemed to constitute a prohibited drug punishable in the same manner and to the same extent as offences relating to cannabis; "drug" means any of the following: (i) a substance covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances; (ii) any of the substances listed in the Annex to the Council Framework Directive 2004/757/JHA; "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; "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; "new psychoactive substance" means a substance in pure form or in a preparation that is not covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances which may pose health or social risks similar to those posed by the substances covered by those Conventions;

D A N G E R O US D R U G S ""non-psychoactive phytocannabinoids" means such products as the Minister responsible for the Authority on the Responsible Use of Cannabis Act may by regulations, from time to time, include in Part I of the Fifth Schedule to this Ordinance; "preparation" means a mixture containing one or more new psychoactive substances; "prepared opium" means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked; " "psychoactive cannabinoids" means such products as the Minister responsible for the Authority on the Responsible Use of Cannabis Act may by regulations, from time to time, include in Part II of the Fifth Schedule to this Ordinance; "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; "synthetic cannabinoids" means fully synthetic or semi-synthetic cannabinoids, whether or not they occur naturally in trace amounts in the cannabis plant, that are chemically processed or refined to act on cannabinoid receptors and produce psychoactive effects, as the Minister responsible for the Authority on the Responsible Use of Cannabis Act may, by regulations made from time to time, include in

Part III of the Fifth Schedule to this Ordinance;

"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.

PART I

RAW O PIUM AND C OCA LEAVES

Art. 3

Power to regulate the production of and dealing in raw opium and coca leaves.

Amended by:

L.N. 4 of 1963;

XI. 1977.2;

XLIX. 1981.4;

XIII. 1983.5;

L.N. 409 of 2007.

Prohibition of cultivation of opium or coca plant.

D A N G E R O U S D R U GS

Art. 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 prepared opium.

Penalty for manufacturing, selling, using, etc. prepared opium.

Art. 5

No person shall import or bring into, or export from Malta any prepared opium.

Art. 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.

PART III

CANNABIS Substituted by:

LXVI.2021.25.

Prohibition of importation and exportation of the resin from the plant Cannabis.

Amended by:

XXIII. 1980.6;

Art. 7

No person shall import or bring into, or export from, Malta any resin obtained from the plant Cannabis.

LXVI.2021.25.

Penalty for dealing in, etc., the plant Cannabis.

Substituted by:

XXIII. 1980.3.

Art. 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 D A N G E R O US D R U G S such resin formed the base; or (c) cultivates the plant Cannabis; or (d) has in his possession (otherwise than in the course of transit through Malta or the territorial waters thereof) the whole or any portion of the plant Cannabis (excluding its medicinal preparations); or (e) sells or otherwise deals in the whole or any portion of the plant Cannabis (excluding its medicinal preparations), he shall be guilty of an offence against this Ordinance.

PART IV

COCAINE, MORPHINE, ETC.

Art. 9

Amended by:

L.N. 4 of 1963;

XI. 1977.2. (a) prohibiting the manufacture of any drug to which this Part of this Ordinance applies except on premises licensed for the purpose and subject to any conditions specified in the licence; and (b) prohibiting the manufacture, sale or distribution of any such drug except by persons licensed or otherwise authorized under the rules and subject to any conditions specified in the licence or authority; and (c) regulating the issue by medical practitioners of prescriptions containing any such drug and the dispensing of any such prescriptions; and (d) requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed; and (e) controlling or restricting the possession of or dealing in any such drug while in transit through Malta.

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.

Art. 10

Calculations of percentage in case of liquid preparations.

D A N G E R O US D R U G S

Art. 11

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 subarticle shall cease to apply to that product.

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.

PART V

CONTROL OF EXTERNAL TRADE

Art. 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, cannabis, and all preparations of which resins obtained from cannabis form the base, and, for the purposes of articles 15 to 18 both inclusive, includes also the resins obtained from the cannabis; "d i v e r s i o n c e r t i f i c a t e " m e a n s a c e r t i f i c a t e i ss u e d b y t h e 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 Interpretation of

Part V.

Amended by:

XXIII. 1980.8;

LXVI.2021.25.

D A N G E R O U S D R U GS 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.

Exportation of dangerous drugs.

Amended by:

XVI 1960.3;

XXIII. 1980.8;

VI.1994.5.

Art. 13

D A N G E R O US D R U G S

Art. 14

Importation of dangerous drugs.

Amended by:

XXIII. 1980.8;

VI.1994.6.

Art. 15

Art. 16

Amended by:

XVI. 1960.3;

VI.1994.7.

D A N GE R O U S DR U G S 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.

Removal licences.

Amended by:

XVI. 1960.3;

XXIII. 1980.8;

VI. 1994.9.

Drugs not to be tampered with.

Amended by:

XVI. 1960.3.

Art. 17

Diversion of dangerous drugs.

Amended by:

XXIII. 1980.8;

VI.1994.10.

Art. 18

Art. 19

Powers of Chief Government Medical Officer.

PART VI

G ENERAL

Art. 20

Licences.

Amended by:

L.N. 4 of 1963;

XI. 1977.2.

Art. 21

Power of inspection and seizure.

Amended by:

XXIII. 1980.4.

Offences and penalties.

Amended by:

XLVIII. 1975.2;

XXIII. 1980.5;

XIII. 1983.5;

VIII. 1986.2;

VIII. 1990.3;

VI. 1994.11;

XVI. 1996.2;

II. 1998.8;

VI. 2000.2;

XVI. 2006.29;

L.N. 409 of 2007;

XXXI. 2007.35;

IV. 2014.30;

XXIV. 2014.88;

VIII. 2015.41;

III.2020.2;

XXXVI.2021.6;

VII.2025.7.

D A N GE R O U S DR U G S

Art. 22

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); 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.

For the purposes of paragraph (e), the expression "permanent resident" means a person in favour of whom a permit of residence has been issued in accordance with the 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 culti vation in such circumstances that the court is satisfied that such cultivation was not for the exclusive us e of t he o ffe nder, i m p o r t a t i o n i n s u c h 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 D A N G E R O US D R U G S of these acts, and the giving of information intended to lead to the purchase of such a drug contrary to the provisions of this Ordinance:

Provided that in the case of cultivation or importation in such circumstances that the Court is satisfied that such cultivation or importation was for the exclusive use of the offender, the provisions of the Probation Act and of article 21 of the Criminal Code shall not apply. (1C) (a) 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 sub-article (1D)(a) 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 sub-article (1D)(a). (b) In proceedings for an offence under paragraph (a), where the prosecution produces evidence that no reasonable explanation was given by the person 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 subarticle (1B) shall apply, mutatis mutandis, to this subarticle. (b) The Minister responsible for public health may make rules for controlling the manufacture, sale, possession, distribution, importation and exportation of any of the substances mentioned in the Third Schedule hereto and in particular, but without prejudice to the generality of the foregoing, for any of the purposes mentioned in article 9(1)(a) to (e), in so far as applicable, the reference to drugs in those paragraphs being construed D A N GE R O U S DR U G S as a reference to the said substances. (1E) A person shall also be guilty of an offence against this

Ordinance who m anu fact ures, transport s or distribut es 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) are satisfied. (1G) The conditions to which reference is made in sub-article (1F) are the following: (a) the person in possession of the drug is not ordinarily resident in Malta and has come from a place outside Malta; (b) at the first opportunity after landing in Malta that person surrenders the said drug to a Police officer or to a customs officer and declares that the same drug was for his exclusive personal use; and (c) the said drug is in such a quantity and is in possession of that person under such circumstances as to reasonably lead to the inference that the same drug was destined for the exclusive personal use of that person.

Provided that: (aa) where the court is of the opinion that, when it takes into account the age of D A N G E R O US D R U G S the offender, the previous conduct of the offender, the quantity of the drug and the nature and quantity of the e q u i p m e n t o r m a t e r i a l s , i f a n y, 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 two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) but not exceeding one hundred and sixteen thousand and four hundred and sixtyeight euro and sixty-seven cents (116,468.67); and (ii) for any other offence to imprisonment for a term of not less than twelve months but not exceeding ten years and to a fine (multa) of not less than four hundred and sixty-five euro and eightyseven cents (465.87) but not exceeding twentythree thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73); or (b) on conviction by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) (i) where the offence is one under article 4 or under article 8(c) except in such circumstances that the Court is satisfied that such cultivation was for the exclusive use of the offender,or consists in selling or dealing in a drug contrary to the provisions of this Ordinance or in an offence under sub-article

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 paragraph (a)(i) or paragraph (b)(i) and the offence has taken place in, or within 100 metres of the perimeter of, a school, youth club or centre, or such other place where young people habitually 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. (2A) (a) In giving a direction in accordance with sub-article (2) the Attorney General shall give due consideration to the guidelines included in the Fourth Schedule to this Ordinance; (b) Where the Attorney General has directed that the person accused be tried in the Criminal Court in accordance with sub-article (2), upon the termination of the inquiry, if the Court of Magistrates, as a Court of Criminal Inquiry, decides that there are sufficient grounds for committing the accused for trial on indictment, the accused may, by application to be filed in the Criminal Court within seven days from the conclusion of the inquiry or within seven days from the date on which the accused is served with the bill of indictment, demand the said court to order that he be tried in the Court of Magistrates and the Criminal Court shall, after ordering the service of the application upon the Attorney General and granting him at least seven days to reply and after having heard oral submissions from the accused and the Attorney General, if it considers this necessary, decide upon the court in which the accused is to be tried and the accused shall be tried in accordance with the decision of the Criminal Court:

Provided that an application in terms of this paragraph may only be filed once in the course of any proceedings:

D A N G E R O US D R U G S Provided further that persons who, on the date of the coming into force of this sub-article, are awaiting trial in the Criminal Court further to a direction given in terms of sub-article

For the purposes of this sub-article the words "the conclusion of the inquiry" include any conclusion of an inquiry referred to in article 407 of the Criminal Code. (2B) Where, upon conviction by the Criminal Court as provided in sub-article (2)(a), after considering all the circumstances of the case including the amount and nature of the drug involved, the character of the person concerned, the number and nature of any previous convictions, including convictions in respect of which an order was made under the Probation Act and the provisions of the Fourth Schedule, the court is of the opinion that the punishment provided for in sub-article (2)(a) would be disproportionate it may, giving reasons, apply the punishment provided in sub-article (2)(b). (2C) Where it is established that an offence under this Ordinance was committed by an officer of a body corporate as is referred to in article 121D of the Criminal Code or by a person having a power of representation or having such authority as is referred to in that article and the offence was committed for the benefit, in part or in whole, of that body corporate, the said person shall for the purposes of this Ordinance be deemed to be vested with the legal representation of the same body corporate which shall be liable to a fine (multa) not exceeding two million and five hundred thousand euro (€2,500,000):

Provided that where legal representation no longer vests in the said person, for purposes of this article, legal representation shall vest in the person occupying the office in his stead or in such person as is referred to in that article.

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 article 24A(1) the court shall, in addition to any other punishment, in its sentence or at any time thereafter, at the request of the prosecution (a) where any immovable property, in Malta or in any D A N GE R O U S DR U G S place outside Malta, has been used for the keeping or storing, or for the selling or dealing in such drug, as described in the bill of indictment or in the charge, order the forfeiture in favour of the Government of any real title which the offender holds on such immovable property; (b) where the offender is not the absolute owner but holds any other real title on the immovable property, or has a title, other than a real title, in virtue of which he has the control of or a right of access to such property, the court shall order the offender to pay a fine (multa) of not less than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) but not exceeding sixty-nine thousand and eight hundred and eighty-one euro and twenty cents (69,881.20) as the court shall determine after taking into account the value of the immovable property and the value of the real title thereon, if any, forfeited as aforesaid; (c) saving the provisions of the Criminal Code and of the Customs Ordinance, make an order whereby the provisions of paragraphs (a) and (b) shall be applied mutatis mutandis to or in respect of any vessel or vehicle, in Malta or in any place outside Malta, used for the keeping or storing, or for the selling or dealing in such drug; and (d) order the forfeiture in favour of the Government of all moneys or other movable property, and of the entire immovable property of the person so found guilty even if the immovable property has since the offender was charged passed into the hands of third parties, and even if the said monies, movable property or immovable property are situated in any place outside Malta. (3B) Where the proceeds of the offence have been dissipated or for any other reason whatsoever it is not possible to identify and forfeit those proceeds or to order the forfeiture of such property the value of which corresponds to the value of those proceeds the court

shall sentence the person convicted or the body corporate, or the person convicted and the body corporate in solidum, as the case may be, to the payment of a fine (multa) which is the equivalent of the amount of the proceeds of the offence. The said fine may be recovered as a civil debt and for this purpose the sentence of the court shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure. (3BA) Title IV of Part III of Book Second of the Criminal Code shall mutatis mutandis apply to proceedings for offences under this Ordinance.

D A N GE R O U S DR U G S Provided that where, in respect of any offence mentioned in this sub-article, after considering all the circumstances of the case including the amount and nature of the drug involved, the character of the person concerned, the number and nature of any previous convictions, including convictions in respect of which an order was made under the Probation Act, the court is of the opinion that the offender intended to consume the drug on the spot with others, or procured a small quantity of drugs to be consumed on the spot for and upon the request of persons in his company at a single event at no profit, the court may decide not to apply the provisions of this subarticle:

Provided further that an offender may only benefit once from the provisions of the above proviso.

Provided that the provisions of this sub-article shall only be applied for reasons which the Court shall declare in its judgment and depending on the particular circumstances of the case, including the rehabilitation of the person found guilty and the change in the way of life and behaviour of the person found guilty and taking into consideration the nature of the substance involved, the amount of the substance and the purity of the substance:

Provided further that the Court shall only apply the provisions of this sub-article if the punishment of not more than two

Provided further that the provisions of this sub-article shall only apply in regard of the first conviction of a person for an offence against this Ordinance.

Freezing of property of person accused.

Added by:

VIII.1986.3.

Amended by:

VI. 2000.3;

L.N. 409 of 2007;

XXXI. 2007.36;

IV. 2014.31;

XXXI.2019.13.

D A N GE R O U S DR U G S

Art. 22A

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 sub-article

Provided that the court shall in such an order determine what moneys may be paid to or received by the accused during the subsistence of such order, specifying the sources, manner and other modalities of payment, including salary, wages, pension and social security benefits payable to the accused, to allow him and his family a decent living in the amount, where the means permit, of thirteen thousand and nine hundred and seventy-six euro and twenty-four cents (13,976.24) every year:

Provided further that the court may also (a) authorise the payment of debts which are due by the accused to bona fide creditors and which were contracted before such order was made; and (b) on good ground authorise the accused to transfer movable or immovable property.

D A N G E R O US D R U G S

The temporary freezing order made under sub-article (7) shall remain in force until the Criminal Court determines the application.

22AB. (1) Where the court makes any order as is referred to in article 22A, it shall order the Director of the Asset Recovery Bureau to conduct inquiries to trace and ascertain the whereabouts of any moneys or other property, due or pertaining to or under the control of the person charged or accused or convicted, as the case may be.

The Director of the Asset Recovery Bureau to conduct enquiries.

Added by:

IV. 2014.32.

Amended by:

XXXI.2019.14.

Art. 22B

22B. Any person who acts in contravention of a court order mentioned in article 22A shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand a n d s i x h u nd r e d an d f o r ty - s i x e ur o an d ei g ht y - s e v e n c e n t s (11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment, and the court may order the person so found guilty to deposit in a bank to the credit of the accused the amount of moneys or the value of other movable property paid or delivered in contravention of that court order. Any transfer or other disposal of any immovable property made in contravention of the said court order shall be null and without effect at law.

Penalty for contravening court order.

Added by:

VIII. 1986.3.

Amended by:

VI. 1994.12;

L.N. 409 of 2007;

XXXI. 2007.37.

Suspension Order.

Added by:

VI. 2000.4.

D A N GE R O U S DR U G S 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 th e prosecution make an order, hereinafter referred to as a ''suspension order'', suspending such licence, permit or authority.

Special court proceedings.

Added by:

VIII. 1986.3.

Amended by:

VI.1994.13;

XXIV. 2014.89;

V.2021.67.

Art. 22C

22C. (1) Where an order of forfeiture is made under of subarticle 22(3A)(d), the person found guilty, or the third party therein mentioned, may bring an action for a declaration that any or all of the movable or immovable property so forfeited is not profits or 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.

Art. 22D

22D. When the court allows the demand for a declaration as provided in article 22C(1) in respect of any property forfeited, such property shall cease to be forfeited and shall revert to the 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.

Reversion of property ceasing to be forfeited.

Added by:

VIII. 1986.3.

Art. 22E

22E. (1) At the commencement of proceedings under article 22, 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.

Destruction of drugs after drawing up a procèsverbal.

Added by:

VIII.1986.4.

Amended by:

VI.1994.14.

Definition of the expression "corresponding law".

Substituted by:

VI.1994.15.

Art. 23

Power of arrest.

Art. 24

Additional powers of investigation.

Added by:

VI. 1994.16.

Amended by:

XVI. 1996.3;

VI. 2000.5;

L.N. 409 of 2007;

XXXI. 2007.38;

IV. 2014.33;

VIII.2020.83.

Art. 24A

24A. (1) Where, upon information received, the Attorney General has reasonable cause to suspect that a person (hereinafter referred to as "the suspect"): (a) is guilty of selling or dealing in a drug contrary to the provisions of this Ordinance, or (b) is guilty of any of the offences mentioned in article 22(1)(e) or (f), or (c) is guilty of an offence mentioned in article 22(1)(d) with reference to any of the offences referred to in the foregoing paragraphs of this sub-article, or (d) is guilty of the offence mentioned in article 22(1C), or (e) is guilty of the offence of possession of a drug contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, he may apply to the Criminal Court for an order (hereinafter referred to as an "investigation order") that a person (including a body or association of persons, whether corporate or unincorporate) named in the order who appears to be in possession of particular material or material of a particular description which is likely to be of substantial value (whether by itself or together with other material) to the investigation of, or in connection with, the suspect, shall produce or grant access to such material to the person or D A N G E R O US D R U G S 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.

Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he did not know or suspect that the disclosure was likely to prejudice the investigation.

Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he did not know or suspect that the disclosure was likely to prejudice the investigation or the effectiveness of the attachment order.

D A N G E R O US D R U G S 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 sub-article (6)(a) or in the transfer o r disposa l by th e s us p e c t o f a n y m o v e a bl e or immoveable property in contravention of sub-article (6)(c), the fine shall always be at least twice the value of the money or property in question:

Provided further that any act so made in contravention of that court order shall be null and without effect at law and the court may, where such person is the garnishee, order the said person to deposit in a bank to the credit of the suspect the amount of moneys or the value of other movable property paid or delivered in contravention of that court order.

Provided that the said period of six (6) months 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

Art. 24B

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 article 24A(1)(a), (b), (c), (d) and (e), the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A shall mutatis mutandis apply to that application and to the suspect and to any investigation or attachment order made by the court as a Powers of investigation in connection with offences cognizable by courts outside Malta.

Added by:

XVI.1996.4.

Amended by:

II. 1998.8;

XXXI. 2007.39.

D A N GE R O U S DR U G S result of that application.

Freezing of property of person accused with offences cognizable by Courts outside Malta.

Added by:

XVI. 1996.4.

Amended by:

XXXI. 2007.40.

Art. 24C

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 article 24A(1)(a), (b), (c), (d) and (e), the Attorney General may apply to the Criminal Court for an order (hereinafter referred to as a "freezing order") having the same effect as an order as is referred to in article 22A(1) and the provisions of the said article 22A shall, subject to the following provisions of this article, apply mutatis mutandis to that order.

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.

Art. 24D

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.

Added by:

XVI. 1996.4.

Amended by:

XXXI. 2007.41;

V.2021.67.

D A N GE R O U S DR U G S it may be in his power to produce.

D A N G E R O US D R U G S

Provided that the aforesaid article 830(2) and article 836(1)(c), (d) and (e) and of the Code of Organization and Civil Procedure shall not apply to any precautionary act issued by virtue of this article.

Art. 25

D A N GE R O U S DR U G S 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.

Art. 26

Detention during inquiry.

Added by:

VIII. 1986.5.

Amended by:

VIII. 1990.3;

VI.1994.18;

VIII. 2015.41.

Art. 27

Provided that if the term of the inquiry is held in abeyance for the reason specified in article 402(1)(c) of the Criminal Code, the court may nonetheless grant temporary release from custody after the lapse of thirty days from the arraignment.

Pecuniary penalty recoverable as a civil debt.

Added by:

VIII. 1986.5.

Art. 28

D A N G E R O US D R U G S

Art. 29

Diminution of punishment.

Added by:

VIII. 1986.5.

Amended by:

XXXVI.2021.7.

Art. 30

Evidence by accomplice.

Added by:

VIII. 1986.5.

Amended by:

XXXVI.2021.8.

D A N GE R O U S DR U G S Statement may be admitted as evidence.

Added by:

VI.1994.19.

Art. 30A

30A. Notwithstanding the provisions of article 661 of the Criminal Code, where a person is involved in any offence against this Ordinance, any statement made by such person and confirmed on oath before a magistrate and any evidence given by such person before any court may be received in evidence against any other person 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.

Amended by:

XXXVI.2021.9.

Art. 30B

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.

Persons transferred to Malta from abroad for the purposes of giving evidence or assisting in an investigation, etc.

Added by:

XVI.1996.5.

Art. 30C

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.

Art. 30D

30D. (1) Where the Attorney General receives, or is informed about, a request made by or on behalf of a judicial, prosecuting, law enforcement, administrative or other competent authority of any State or place other than or outside Malta (hereinafter in this article referred to as the "requesting authority") seeking authorisation for the competent authorities of that State or 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 have been agreed by Malta with that State or as may be agreed between the requesting authority and the Attorney General with the concurrence of the Prime Minister.

Co-operation in the suppression of relevant offences at sea.

Added by:

XVI. 1996.5.

Amended by:

XVI. 2006.29;

XXIV. 2007.7.

Art. 30E

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''.

European Agreement on Illicit Traffic by Sea.

Added by:

VI. 2000.7.

D A N GE R O U S DR U G S (b) authorise the boarding, search and arrest of vessels; (c) provide that certain officials, whether Maltese or foreign, shall, for the purpose of any law in Malta, be considered as officers protected by those laws; (d) provide for the designation of authorities for the purposes of the European Convention; (e) provide for the application of these regulations and of the provisions of this Ordinance to the drugs to which the provisions of the Medical and Kindred Professions Ordinance apply, in accordance with the said European Convention, all as provided in the said European Convention, and may moreover provide that any part of the European Convention shall, to the extent provided in such regulations, have the force of law in Malta. * 31.

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.

Notwithstanding that the Attorney General has directed in accordance with the provisions of article 22(2), that a person be tried in the Criminal Court, he may, at any time before the filing of the bill 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.

Right of appeal.

Added by:

VIII.1986.6.

Amended by:

VIII.1990.3.

Amendment of Schedules.

Added by:

II. 1998.8.

Amended by:

XXIV. 2014.91;

XII.2025.4.

D A N G E R O US D R U G S

Implementation of the Council Framework Decision 2004/ 757/JHA.

Added by:

V.2019.6.

FIRST SCHEDULE Added by:

XXIII.1980.9.

Amended by.

L.N. 32 of 1984;

L.N. 58 of 1988;

L.N. 49 of 1990;

L.N. 93 of 1990;

L.N. 148 of 2000;

L.N. 373 of 2007;

L.N. 331 of 2009;

L.N. 49 of 2016;

L.N. 359 of 2017;

L.N. 360 of 2017;

L.N. 43 of 2018;

L.N. 230 of 2018;

L.N. 389 of 2018;

L.N. 189 of 2019;

L.N. 119 of 2021;

L.N. 120 of 2021;

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 A C E T Y L F E N TA N Y L , ( N - ( 1 - p h e n e t h y l p i p e r i d i n - 4 - y l ) - N phenylacetamide) ACETYLMETHADOL ACETYLALPHAMETHYL FENTANYL ACRYLOYLFENTANYL, N-(1-phenethylpiperidin-4-yl)-Nphenylacrylamide AH-7921, (3,4-dichloro-N-[(1-(dimethylamino) cyclohexyl)methyl] benzamide) ALFENTANIL ALLYLPRODINE ALPHACETYLMETHADOL ALPHAMEPRODINE ALPHAMETHADOL ALPHAMETHYL FENTANYL ALPHAMETHYL THIOFENTANYL ALPHAPRODINE ANILERIDINE BENZETHIDINE BENZYLMORPHINE BETACETYLMETHADOL BETA-HYDROXYFENTANYL BETA-HYDROXY-3-METHYLFENTANYL LXVI.2021.25;

L.N. 165 of 2022;

L.N. 156 of 2023;

L.N. 179 of 2024;

L.N. 97 of 2025.

D A N GE R O U S DR U G S BETAMEPRODINE BETAMETHADOL BETAPRODINE BEZITRAMIDE BRORPHINE, 1-{1-[1-(4-bromophenyl)ethyl]piperidin-4-yl}-1,3dihydro-2H-benzimidazol-2-one B U T Y R F E N TA N Y L , N - p h e n y l - N - [ 1 - ( 2 - p h e n y l e t h y l ) - 4 piperidinyl]butanamide BUTONITAZENE, 2-[(4-butoxyphenyl)methyl]-N,N-diethyl-5nitro-1H-benzimidazole-1-ethanamine) CANNABIS - any extract or tincture thereof C A R F E N TA N I L , Methyl 1-(2-phenylethyl)-4[phenyl(propanoyl)amino]piperidine-4-carboxylate 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) C R O T O N Y L F E N TA N Y L , (2E)-N-phenyl-N-[1-(2phenylethyl)piperidin-4-yl]but-2-enamide C Y C L O P R O P Y L F E N TA N Y L , N-phenyl-N-[1-(2phenylethyl)piperidin-4-yl]cyclopropanecarboxamide' DESOMORPHINE DEXTROMORAMIDE DIAMPROMIDE DIETHYLTHIAMBUTENE DIFENOXIN DIHYDROMORPHINE DIMENOXADOL DIMEPHEPTANOL DIMETHYLTHIAMBUTENE DIOXAPHETYL BUTYRATE DIPHENOXYLATE DIPIPANONE DROTEBANOL ECGONINE, its esters and derivatives which are convertible to ecgonine and cocaine E TA Z E N E , 2 - [ ( 4 - e t h o x y p h e n y l ) m e t h y l ] - N ,N - d i e t h y l - 1 H benzimidazole-1-ethanamine D A N G E R O US D R U G S ETHYLMETHYLTHIAMBUTENE ETONITAZENE ETONITAZEPIPNE, 2-[(4-Ethoxyphenyl)methyl]-5-nitro-1-(2piperidin-1-ylethyl)-1H-benzoimidazole ETONITAZEPYNE, 2-[(4-ethoxyphenyl)methyl]-5-nitro-1-(2pyrrolidin-1-ylethyl)-1H-benzoimidazole ETORPHINE ETOXERIDINE FENTANYL 4-FLUOROISOBUTYRFENTANYL (4-FIBF, pFIBF), N-(4Flu oroph en yl)-2 -meth yl-N-[1-(2-pheny lethyl)p iperidi n-4yl]propanamide F U R A N Y L F E N TA N Y L , N-phenyl-N-[1-(2phenylethyl)piperidin-4-yl]furan-2-carboxamide FURETHIDINE HEROIN HYDROCODONE HYDROMORPHINOL HYDROMORPHONE HYDROXYPETHIDINE ISOMETHADONE I S O T O N I TA Z E N E , N,N-diethyl-2-[[4-(1methylethoxy)phenyl]methyl]-5-nitro-1H- benzimidazole-1ethanamine KETOBEMIDONE LEVOMETHORPHAN* LEVOMORAMIDE LEVOPHENACYLMORPHAN LEVORPHANOL* MEDICINAL OPIUM METAZOCINE METHADONE METHADONE - INTERMEDIATE METHOXYACETYLFENTANYL, 2-methoxy-N-phenyl-N-[1-(2phenylethyl)piperidin-4-yl]acetamide 2-methyl-AP-237, 1-{2-methyl-4-[(2E)-3-phenylprop-2-en-1yl]piperazin-1-yl}butan-1-one METHYLDESORPHINE METHYLDIHYDROMORPHINE METHYLFENTANYL (CIS and TRANS ISOMERS) D A N GE R O U S DR U G S METHYLPHENYLPIPERIDOL PROPRIONATE (MPPP) METONITAZENE, N,N-diethyl-2-[(4-methoxyphenyl)methyl]-5nitro-1H-benzimidazole-1-ethanamine METONITAZEPYNE, 2-[(4-methoxyphenyl) methyl]-5-nitro-1-(2pyrrolidin-1-ylethyl)-1H-benzoimidazole

METOPON MORAMIDE - INTERMEDIATE MORPHERIDINE MORPHINE MORPHINE METHOBROMIDE and other pentavelent nitrogen morphine derivatives, including in particular the morphineNoxide derivatives, one of which is Codeine-N-Oxide MORPHINE-N-OXIDE MT-45, (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) MYROPHINE N-desethylisotonitazene,N-ethyl-2-[2-[(4-isopropoxyphenyl) methyl]-5-nitro-benzimidazol-1-yl]ethanamine NICOMORPHINE NORACYMETHADOL NORLEVORPHANOL NORMETHADONE NORMORPHINE NORPIPANONE O C F E N TA N I L , N - ( 2 - F l u o r o p h e n y l ) - 2 - m e t h o x y - N - [ 1 - ( 2 phenylethyl)piperidin-4-yl]acetamide ORIPAVINE (3-O-demethylthebaine or 6,7,8,14-tetradehydro4,5-alpha-epoxy-6-methoxy-17-methylmorphinan-3-ol) OXYCODONE OXYMORPHONE ORTHOFLUOROFENTANYL, N-(2-fluorophenyl)-N-[1-(2phenylethyl)-4-piperidinyl]-proponamide PA R A F L U O R O B U T Y RY L F E N TA N Y L o r 4 F - B F, N - ( 4 fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide PARA-FLUOROFENTANYL PETHIDINE PETHIDINE - INTERMEDIATE - A PETHIDINE - INTERMEDIATE - B PETHIDINE - INTERMEDIATE - C PHENADOXONE PHENAMPROMIDE D A N G E R O US D R U G S PHENAZOCINE PHENETHYLPHENYLPIPERIDOL ACETATE (ESTER) (PEPAP) PHENOMORPHAN PHENOPERIDINE PIMINODINE PIRITRAMIDE PROHEPTAZINE PROPERIDINE P R O T O N I TA Z E N E , N,N-diethyl-5-nitro-2-[(4propoxyphenyl)methyl]-1-H-benzimidazole-1-ethanamine PROTONITAZEPYNE, 5-nitro-2-[(4-propoxyphenyl)methyl]-1-(2pyrrolidin-1-ylethyl)benzimidazole RACEMETHORPHAN RACEMORAMIDE RACEMORPHAN REMIFENTANIL SUFENTANIL TAPE NTADOL ,(3-[(1R,2R)-3-(dimethylam ino)-1-ethyl-2methylpropyl]phenol TETRAHYDROFURANYLFENTANYL (THF-F), N-Phenyl-N[1-(2-phenylethyl)piperidin-4-yl]oxolane-2-carboxamide THEBACON THEBAINE TILIDINE TRIMEPERIDINE U-47700, 3,4-dichloro-N-(2-dimethylamino-cyclohexyl)-Nmethyl-benzamide VALERYLFENTANYL, N-phenyl-N-[1-(2-phenylethyl)piperidin-4yl]pentanamide 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.

D A N GE R O U S DR U G S

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 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.

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 D A N G E R O US D R U G S 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.

SECOND SCHEDULE FORM A (Article 14(2)) DANGEROUS DRUGS ORDINANCE (CHAPTER 101) Import Certificate issued by the Serial No....................

Government of Malta File No . ..................

CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT I, being the person charged with the administration of the law relating to dangerous drugs to which the Single Convention 1961 applies, hereby certify that I have approved the importation by * of † *Insert name, address and business of importer. †Insert exact description and amount of drugs to be imported.

Amended by:

XVI.1960.3;

XXIII. 1980.10.

Substituted by:

VI.1994.20.

D A N GE R O U S DR U G S 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).

This document is solely for production to the government of the country from which the drug is proposed to be obtained.

FORM B Substituted by:

VI. 1994.20. (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. *Insert name and address of firm in exporting country from which the drug is to be obtained. †Strike out words not applicable. ‡ Strike out words not applicable.

D A N G E R O US D R U G S

1.

This authorization is not a licence to obtain or to be in possession of the drugs named herein.

2.

This authorization is available only for drugs of the exact quantity, kind and form specified above.

3.

This authorization does not relieve the exporter from compliance with any customs regulations in force for the 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 d u p l i c a t e c o p y, w h i c h i s a t t a c h e d , s h a l l a c c o m p a n y t h e 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 legibly stated the number of the parcel in which the duplicate copy is to be found. [See footnote (2).] 6.

The exporter, if so required by the Comptroller of Customs, shall produce to him, within such time as he may allow, proof to his s a t i s f a c t i o n t h a t t h e sa i d d r u g s w e r e d u l y d e l i v e r e d a t t h e destination named in this authorization, and in the event of noncompliance 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.