{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">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 - D A N GE R O U S DR U G S</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>* the Customs Department,</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>*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.</div>\n<p class=\"lf-p\">Date........................... ...................................... (Signature and stamp of the Chief Government Medical Officer).</p>\n<p class=\"lf-p\">Note:</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>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.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>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.</div>\n<p class=\"lf-p\">FORM C (Article 14 (1)) DANGEROUS DRUGS ORDINANCE (CHAPTER 101) Authorization No .................</p>\n<p class=\"lf-p\">File No .................</p>\n<p class=\"lf-p\">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:</p>\n<p class=\"lf-p\">1.</p>\n<p class=\"lf-p\">The drugs shall be imported before (date) 2.</p>\n<p class=\"lf-p\">This authorization is not a licence to be in possession of or to supply the drug imported.</p>\n<p class=\"lf-p\">3.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">4.</p>\n<p class=\"lf-p\">This authorization is valid only for the importer and may *Strike out words not applicable. †Insert name and full postal address of importer. ‡Insert name and full postal address of exporter.</p>\n<p class=\"lf-p\">D A N G E R O US D R U G S 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.</p>\n<p class=\"lf-p\">5.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">6.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">7.</p>\n<p class=\"lf-p\">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.) SCHEDULE specifying the drugs and quantities thereof to be imported.</p>\n<p class=\"lf-p\">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.</p>\n<p class=\"lf-p\">ENDORSEMENT BY COMPTROLLER OF CUSTOMS at the time of Importation Date Description Number and Quantity of drugs date of Export imported Authorization How imported e.g., ex ... (In the case of a ship), or by registered parcel post or by insured box post.</p>\n<p class=\"lf-p\">Customs Signature and entry or stamp of Parcel No. Comptroller of Customs D A N GE R O U S DR U G S 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.</p>\n<p class=\"lf-p\">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 .........................................................................</p>\n<p class=\"lf-p\">Nature and quantity of dangerous drugs .........................................</p>\n<p class=\"lf-p\">Particulars of export authorization (or diversion certificate if any) relating thereto ............................. .......................................................................................................</p>\n<p class=\"lf-p\">Name of ship on which the drugs were brought into Malta Date of arrival Number of packages Marks and numbers on packages ..................................... ..................................... ..................................... .....................................</p>\n<p class=\"lf-p\">This licence is issued subject to the following conditions: (1) This licence is valid only for the removal of the drugs specified above.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The removal of the drugs shall take place between a.m./p.m. and ............... a.m./p.m. on the ........................................</div>\n<p class=\"lf-p\">20...............</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>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.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The drugs must not be moved unless an officer of the Customs Department is present.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>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.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The packages containing the drugs are not to be opened or broken in the course of the removal.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>This licence shall be produced at any time when required by a duly authorized person. (Date) ....................... ................................................</div>\n<p class=\"lf-p\">D A N G E R O US D R U G S (Signature and stamp of the Comptroller of Customs.) FORM E Substituted by:</p>\n<p class=\"lf-p\">VI. 1994.20. (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 ...............................</p>\n<p class=\"lf-p\">Name of vessel on which the consignment was brought to Malta ...............................</p>\n<p class=\"lf-p\">Name and address of the exporter ...............................</p>\n<p class=\"lf-p\">Number and date of export authorization and authority by whom issued ...............................</p>\n<p class=\"lf-p\">Name and address of original consignee named in the export authorization ...............................</p>\n<p class=\"lf-p\">Name and address of consignee to whom the consignment is authorized to be diverted ...............................</p>\n<p class=\"lf-p\">Number and date of import certificate (and authority by whom issued) by virtue of which this diversion is authorized ...............................</p>\n<p class=\"lf-p\">Name of vessel on which the consignment is authorized to be carried from Malta ...............................</p>\n<p class=\"lf-p\">Period within which the consignment is to be carried from Malta ...............................</p>\n<p class=\"lf-p\">This certificate is issued subject to the following conditions:</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>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.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This certificate does not relieve any person who may be concerned with the carriage of the consignment of drugs specified D A N GE R O U S DR U G S above from compliance with any customs regulations in force for the time being relating to the exportation of goods from Malta.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>This certificate is valid only for the consignment and for the period specified above, and may be revoked at any time.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>If the consignment of drugs is not carried from Malta w i t h i n t h e p e r i o d s p e c i f i e d a b o v e , th i s c e r t i f i c a t e s h a l l b e surrendered to the Chief Government Medical Officer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>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:</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>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.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>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.</div>\n<p class=\"lf-p\">D A N G E R O US D R U G S D A N GE R O U S DR U G S THIRD SCHEDULE (Article 22(ID)) Added by:</p>\n<p class=\"lf-p\">VI. 1994.21.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">L.N. 278 of 2003;</p>\n<p class=\"lf-p\">L.N. 1 of 2004.</p>\n<p class=\"lf-p\">TABLE I CATEGORY I Substance 1-Phenyl-2-propanone N-acetylanthranilic acid Isosafrol (cis + trans) 3,4-methylenedioxyphenlpropan-2-one Piperonal Safrole Ephedrine Pseudoephedrine Norephedrine Ergometrine Ergotamine Lysergic acid CN designation (if different) Phenylacetone 2-Acetamidobenzoic acid 1-(1,3-Benzodioxol5-yl)propan-2-one CN code CAS No ( 1) 2914 31 00 2924 23 00 103-79-7 89-52-1 2932 91 00 2932 92 00 120-58-1 4676-39-5 2932 93 00 120-57-0 2932 94 00 94-59-7 2939 41 00 299-42-3 2939 42 00 90-82-4 Ex 2939 49 00 14838-15-4 2939 61 00 60-79-7 2939 62 00 113-15-5 2939 63 00 82-58-6 The stereoisomeric forms of the substances listed in this Category not being cathine ( 2) whenever the existence of such forms is possible.</p>\n<p class=\"lf-p\">The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts of cathine.</p>\n<p class=\"lf-p\">CATEGORY II Substance CN designation (if different) Acetic anhydride Phenylacctic acid Anthranilic acid Piperidine Potassium permanganate CN code CAS No (1) 2915 24 00 2916 34 00 2922 43 00 2933 32 00 2841 61 00 108-24-7 103-82-2 118-92-3 110-89-4 7722-64-7 The salts of the substances listed in this Category whenever the existence of such salts is possible.</p>\n<p class=\"lf-p\">CATEGORY III Substance Hydrochloric acid Sulphuric acid Toluene CN designation (if different) Hydrogen chloride CN code CAS No (1) 2806 10 00 2807 00 10 7647-01-0 7664-93-9 2902 30 00 108-88-3 D A N G E R O US D R U G S Ethyl ether Diethyl ether 2909 11 00 60-29-7 Acetone Methylethylketone Butanone 2914 11 00 2914 12 00 67-64-1 78-93-3 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.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>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.</div>\n<p class=\"lf-p\">7.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Also named (1)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39- 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.</div>\n<p class=\"lf-p\">D A N GE R O U S DR U G S FOURTH SCHEDULE (Article 22) Added by:</p>\n<p class=\"lf-p\">XXIV. 2014.90;</p>\n<p class=\"lf-p\">LXVI. 2021.25.</p>\n<p class=\"lf-p\">Amended by:</p>\n<p class=\"lf-p\">VII.2025.8.</p>\n<p class=\"lf-p\">Guidelines on the exercise of discretion These guidelines apply to all accused persons aged 16 and over.</p>\n<p class=\"lf-p\">In determining the court in which a person accused of an offence against this Ordinance is to be tried the harm or the potential harm caused by the offence charged shall be the principal consideration.</p>\n<p class=\"lf-p\">The quantity of the drug is a principal consideration in assessing harm. The purity need not necessarily be taken into account at the initial stage but it may be considered in determining whether a person initially referred for trial before the Criminal Court is to be referred for trial before the Court of Magistrates at a later stage.</p>\n<p class=\"lf-p\">The role played by the accused in the crime shall, if sufficient information is available, also be taken into consideration.</p>\n<p class=\"lf-p\">In such cases a distinction should be made between persons who played a leading role, a significant role or a lesser role in the commission of the offence.</p>\n<p class=\"lf-p\">A leading role in the commission of the offence may be indicated by the following: • that the accused organized or directed buying and selling of a drug on a commercial scale; • that the accused had substantial links to and significant influence on other persons in a chain; • that the accused had close links to the original source of the drugs; • that the accused made substantial financial gain or had an expectation of substantial financial gain; • that the accused used a legitimate business as a cover for buying or selling drugs; • that the accused has abused a position of trust or of significant responsibility in the commission of the offence, for example when the accused is a prison employee or a legal or medical professional.</p>\n<p class=\"lf-p\">A significant role in the commission of the offence may be indicated by the following: • that the accused had an operational or a management function within a chain; • that the accused involved others in the operation either by exerting pressure or influence upon them or by intimidation or offer of reward; • that the accused was motivated by the prospect of financial or other advantage, irrespective of whether the accused was acting alone or with others; • that the accused appeared to be aware and to understand the scale of the operation; • that the accused, not being a person abusing a position of trust or responsibility, supplied the drug to a prisoner for gain but without D A N G E R O US D R U G S coercion.</p>\n<p class=\"lf-p\">A lesser role in the commission of the offence may be indicated by the following: • that the accused has performed a limited role in the commission of the offence and has acted under the direction of others; • that the accused was engaged by others to commit the offence by pressure, coercion or intimidation; • that the accused got involved in the commission of the offence because of his naivete or because he was exploited by others; • that the accused had no influence on those above him in a chain; • that the accused had very little, if any, understanding of the scale of the operation; • that taking all circumstances into account it is reasonable to conclude that the accused was involved in the commission of the offence solely for the purpose of obtaining drugs for his own use; • that the accused made no financial gain from the offence, for example in cases involving a common purchase of a minimal quantity for no profit or the sharing of a minimal quantity between friends on a noncommercial basis.</p>\n<p class=\"lf-p\">Aggravating factors resulting from the law shall be taken into consideration.</p>\n<p class=\"lf-p\">Other aggravating factors that may be taken into consideration may include: • the sophisticated nature of concealment of the drug and the nature of any attempt to avoid detection; • any attempts made to conceal or to dispose of evidence; • the exposure of others to exceptional danger such as when a drug is cut with harmful substances; • high purity of the drug • that the accused has targeted places intended to locate vulnerable persons or has sought to supply drugs to minors; • that others, especially children and non-users were present when the accused committed the offence.</p>\n<p class=\"lf-p\">The following amounts involved in the offence, when the said amounts are known, can be taken as indicative that a person should not be referred for trial before the Criminal Court: • heroin and cocaine: less than 200 grams • cannabis: less than a kilo Assistance which the accused may have rendered to the Police or to the prosecution may also be taken into account.</p>\n<p class=\"lf-p\">Added by:</p>\n<p class=\"lf-p\">XII.2025.5.</p>\n<p class=\"lf-p\">D A N GE R O U S DR U G S FIFTH SCHEDULE (Article 2)</p>\n<h3 class=\"lf-part\">Part I</h3>\n<p class=\"lf-p\">Non-psychoactive phytocannabinoids CBD, Cannabidiol CBG, Cannabigerol CBC, Cannabichromene CBDV, Cannabidivarine</p>\n<h3 class=\"lf-part\">Part II</h3>\n<p class=\"lf-p\">Psychoactive cannabinoids THC, Tetrahydrocannabinol</p>\n<h3 class=\"lf-part\">Part III</h3>\n<p class=\"lf-p\">Synthetic cannabinoids HHC, hexahydrocannabinol HHC-O acetate, HHCO, HHCOA, hexahydrocannabinol O-Acetate HHC-P, hexahydrocannabiphorol H4-CBD, tetrahydrocannabidiol, Hydrogenated CBD, THD, cyclohexyl CBD THC-P, tetrahydrocannabiphorol, Delta-9-THCP HHCH, hexahydrocannabihexol, HHC-H Delta-8-THCP, delta-8-Tetrahydrocannabiphorol, JWH 091, THCheptyl THCB, Tetrahydrocannabutol, Delta-9-THCB, Delta-9-THC-C4, Delta-9-THC-butyl 9-OH-HHC, 9-Hydroxyhexahydrocannabinol, 9-hydroxy-HHC delta-8-THC acetate, Δ8-Tetrahydrocannabinol Acetate Δ8-THC-OAcetate Delta-8-THC methylether, 1-methyl-Δ8-THC; Δ8Tetrahydrocannabinol methylether Delta-9-THCP acetate, Δ9-Tetrahydrocannabiphorol Acetate; delta9-THC-C7-Acetate delta-9-THCH, delta-9-Tetrahydrocannabihexol, delta-9-THC-C6 HHC-P-O-acetate, hexahydrocannabiphorol acetate D A N G E R O US D R U G S Delta-8-THCH, delta-8-tetrahydrocannabihexol delta-8-THC-C6 CC9 (9R-Hexahydrocannabinol-C9) Delta-9-THC-JD, 3-octyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6Hdibenzo[b,d]pyran-1-ol, delta-9-THC-C8</p></div>", "next": 0}