ACT No. XXIII of 1980 AN ACT further to amend the Dangerous Drugs Ordinance, Capo 161.

I assenL

(L.S.)

ANTON BUTTIGiEC.

President

25th July, 1980

ACT No. XXIII of 1980

AN ACT further to amend the Dangerous Drugs Ordinance, Capo 161.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, a n d by the authority of the same, as follows:-

This Act may be cited as the Dangerous Drugs (Amendment)

Act, 1980, and shall be read and construed as one with the Dangerous

Drugs Ordinance, hereinafter referred to as "the principallaw".

In section 2 of the principal 1a\\-', for the definitjon of 'Indian

hemp' there shall be substituted the folIowing

" 'Indian hemp' means any plant of the genus Cannabis Of any

pa!t of any sueh plant, but does not inc1ude fibre or seed which has

been renoered not capable of developing into another such plant;".

For section 8 of t h e principal1aw there shall be substituted the

fol1owing

"8.

If any person-

(a) has in his possession (otherwise than in the course

of transit t hr o u g h these Islands or the t e rr i t o r i a l waters th e r ­

of) the resin obtain from the plant Cannabis or any prepara­

tions of which such resin fonned the b as e ; 01'

(b) produces, s ells or otherwise de a l s in the resin obtain

from the plan t Cannabis or any preparations of which such

resin formed the base; or

cu1tivates t h e plant Cannabis; or

(c)

(d) has in his possession (otherwise than in the course

of transit t hr o u g h these Islands or the territorial waters there­

of) the whole or any portion of the p1ant Cannabis (exc1uding

its medicina1 preparations); or

(e) sells or o t he r w i s e deals in the w h ole Of any portion

of the plant Cannabis (exc1uding its medicinal preparations),

he sha ll be gui1ty of an offence against this Ordinance.".

Subsection (2) of section 21 of the

principal

law

shall be

Section 22 of t h e principal law shall be amended as fol1ows

(a) for subsections (2) and (3) of section 22 of the principal

law there shall be substituted the following

"(2) Every person charged with an offence against this

Ordinance shall be tried in the Criminal Court or before the

Court of Magistrates of Judicial Police as the Attomey Gene­

ral may direct and if he is found guilty shall, in respect of

each offence, be liable -

(a) on conviction by the Criminal Court to impri­

sonment 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 pounds but not exceeding ten thousand

pounds; or

on conviction by the Court of Magistrates -

(b)

(i) in the case of a first conviction, other than

a conviction for an offence under paragraph (b), (c)

or (e) of section 8, to a fine (multa) of not less than

hundred pounds but not exceeding one thousand

pounds or to imprisonment for a term of not less than

three months but not exceeding twelve months, or to

both such fines and imprisonment; and

(iD in case of a conviction for an offence under

paragraph (b), (c) or (e) of section 8, and in the case

of a second or subsequent conviction to imprison­

ment for a term of not less than six months but nat

exceeding four years and to a fine (multa) of not

less than two hundred pounds but not exceeding two

thousand pounds;

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 Govemment, and

any such forfeited article shall, if the Court so orders, be

destroyed or otherwise dispased of as may be provided in

the order

Provided that where the Attomey General or the

Court, as the case may be, is satisfied that the offender is

not a person who cultivates, produces, sens or otherwise

deals in any drug, and the offence consists only in the

possession of a dangerous drug for the exclusive use of

the offender, or of utensils for that purpose, or consists

in the taking of any such drug -

(i) any such person shall not be tried before

the Criminal Court and shall not be liable to impri­

sonment, and

(ii) where any such person as aforesaid is, on

the date on which the offence is discovered, registered

as a person who is under treatment for addiction to

drugs, in such manner and in accordance with such

arrangements as may have been made by the Minis­

ter resDonsib1e for health, and, is certified under

those a � rangements to be fol1owing the treatment

preseribed to him, sueh person shaB be exempt from

any punishment in respect of any of the said offences

committed while he was registered as aforesaid.

(3) Where an offence against this Ordinance in respect

of which a person has been found guilty consists in Of refe1's

to the cultivation of a plant in a field, garden 01' similar tene­

ment, the Court shall, in addition to any other punishment

order the forfeiture in favour of the Govemment of the entire

immovable property in which the offence took place as describ­

ed in the bill of indictment Of in the cha1'ge

Provided that where none of the persons found guilty <:,s

aforesaid is an absolute owner or co-owner or bare-owner of

the immovable property, and the offender holds it on any other

title, the Court shall order the forfeiture of such title in favour

of the Government."; and

immediately after subsection (5) thereof there shan be

(b)

added the following new subsection

"(6) Where the offence in respect of which a persol1 is

found guilty under this Ordinance consists in the production,

sel1ing or otherwise dealing in a drug mentioned in this Ordi­

nance, and such person is either lieensed under this Ordinance

01' under the Medical and Kindred Professions Ordinance, Of is

in possession of a warrant issued under that Ordinance to prac­

tise a profession, Of a ca1ling or a trade, or the offence is com­

mitted in a place licensed under this Ordinance or the Ofdi­

nance aforesaid, the Comt shall, at the request of the prose­

cution and in addition to any other punishment, order the

revocation of such licence or warrant, and upon such order

being made any such licence Of warrant shall cease to have

effect for all purposes of law and in particular for the purposes

of this Ordinance and of the Ordinance aforesaid.

(7) Any decision as is mentioned in subsection (3) order­

ing the forfeiture of any tit1e to imm0vable property shall be

deemed to be and shall be enforceable as a Civi1 judgment

transferring that title in favoUT of the Government, and the

Attorney General shall, for the purposes of section 237 of the

Code of Organisation and Civil Procedure, be considered as

the interested party that may obtain the registration of such

transfer.

(8) Where it results to the Court, that the offender, not

being a person who cultivates, produces, sells Of otherwise

deals in any drug, is in need of medical care and 2.ssistance

for his rehabi1itation, the Court may, instead of applying any

of the punishments provided f Of in the foregoing subsections,

order that the offender be remitted to an institution designated

for the purpose by the Minister responsible for health in order

that he may be given the llecessary treatment.

The Court shall cause such order to be forthwith

convey ed t<;> the Minister responsible for health, who wi1l give

.

such dlrechves as he may deem fit for the care and treatment

of any such person.".

I n section 7 of the principal 1aw, the word "sativa" shall be

Amendment of

section 7 of the

principal law.

Section 10 of the principal law shall be amended as follows

Amendment of

section 10 of the

(a) for subsection (1) thereof there shall be substituted the

princi pal 1aw.

following

"(1) The drugs to which this Part of this Ordinance ap­

plies are those mentioned in the First Schedule hereto."; and

(b) for subsection (3) thereof there shall be substituted the

following

"(3)

Where it appears to the Minister responsible for

public health that any other drug of whatever kind is or is

likely to be productive, if improperly used, or is capable of

being converted into a substance which is, or is likely to be

productive, if improperly used, of ilI-effects substantially of the

same character Of 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.".

8, For the word "Schedu1e" wherever it occurs in sections 12, 13,

Amendment of

secti ons 12., 13.

14,16 a n d 18 of the principal law, there shall be substituted in each case

the words "Second Schedu1e".

of the principal

law.

Immediately after section 26 of the principal law there shall be

Schedule to the

added the following new Schedule

principal 1aw.

"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

ALLYLPRODINE

ALPHACETYLMETHADOL

ALPHAMEPRODINE

ALPHAMETHADOL

ALPHAPRODINE

ANIL � RIDINE

BENZETHIDINE

BENZYLMORPHINE

BETACETYLMETHADOL

BETAMEPRODINE

BETAMETHADOL

BETAPRODINE

BEZITRAMIDE

any extract or tincture thereof

CANNABIS (lndian Hemp)

-

CLONITAZENE

COCAINE

CODOXIME

Concentrate of poppy straw (the material arising when poppy

straw has entered into a process for the concentration of

it8 alkaloid when such material is made available in trade)

DESOMORPHlNE

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

ETHYLMETHYLTHIAMBUTENE

ETONITAZENE

ETORPHINE

ETOXERIDINE

FENTANYL

FURETHIDINE

HEROIN

HYDROCODONE

HDROMORPHINOL

HYDROMORPHONE

HYDROXYPETHIDINE

ISOMETHADONE

KETOBEMIDONE

LEVOMETHORPHAN *

LEVOMORAMIDE

LEVOPHENACYLMORPHAN

LEVORPHANOL *

MEDICINAL OPIUM

METAZOCINE

METHADONE

METHADONE - INTERMEDIATE

METHYLDESORPHINE

METHYLDIHYDROMORPHINE

METOPON

MORAMIDE -- INTERMEDIATE

MORPHERIDINE

MORPHINE

MORPHINE METHOBROMIDE and other pentavelent nitro­

gen morphine derivatives, inc1uding in particular the mor­

phine-N-oxi.de derivatives, one of which is Codeine-N­

Oxide

MORPHINE-N-OXIDE

MYROPHINE

NICOMORPHINE

NORACYMETHADOL

NORLEVORPHANOL

NORMETHADONE

NORMORPHINE

NORPIP ANONE

OXYCODONE

OXYMORPHONE

PETHIDINE

PETHIDINE - INTERMEDIATE

A

-

PETHIDINE - INTERMEDIATE - B

PETHIDINE - INTERMEDIATE - C

PHENADOXONE

PHENAMPROMIDE

PHENAZOCINE

PHENOMORPHAN

PHENOPERIDINE

PIMINODINE

PIRITRAMIDE

PROHEPTAZINE

PROPERIDINE

RACEMETHORPHAN

RACEMORAMIDE

RACEMORPHAN

SUFENTANIL

THEBACON

THEBAINE

TILIDINE

TRIMEPERIDINE

The isomers, unless specifically excepted, of the drugs in this

Part of the Schedule whenever the existence of such isomers is pos­

sible;

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, inc1ud­

ing the salts of esters, ethers and isomers as provided above when­

ever the existence of such salts is possible.

* DEXTROMETHROPHAN

and DEXTRORPHAN

are

specifical1y excluded from this Part of the Schedule.

PartlI

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 pos­

sible within the specjfic chemical designation;

The salts of the drugs lIsted in this Part of the Schedule, includ­

ing the salts of the isomers as provided above whenever the exist­

ence of such salts is possible.

Part III

Exemptions

Preparations of

l.

ACETYLDIHYDROCODEINE

CODEINE

DIHYDROCODEINE

ETHYLMORPHINE

NICOCODINE

NICODICODINE

NORCODEINE, and

PHOLCODINE

when compounded with one or more other ingredients and COll­

taining not more than 100 milligrammes of the drug per dosage

unit and with a concentration of not more than 2.5 per cent in un­

divided preparations.

2. Preparations of propiram containing not more than 100mg

of propiram per dosage unit and compounded with at least the same

amount of methy1cellulose.

3. Preparations of cocaine containing not 1110re 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 mor­

phine calculated as anhydrous morphine base and compounded

with one Of more other ingredients and in such a way that the drug

cannot be recovered by readily applicable means Of in a yield which

would constitute a risk to public health.

4. Preparations of difenoxin containing, per dosage unit, not

more than 0. 5mg of difenoxin and a quantity of atropine su1fate

equivalent to at least 5 per cent of the dose of difenoxin.

5. Preparations of dephenoxylate containing, per dosage unit,

not more than 2.5 milligrammes of diphenoxylate calculated as base

and a quantity of atropine sulfate equivalent to at least one per cent

of the dose of diphenoxylate.

Pulvis ipecacuanhae et opii compositus

6. 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.

7. Preparations conforming to any of the formulae listed in

this Par t of the Schedule and mixtures of such preparations with

any material which contains no drug.".

The Schedule to the principallaw shaH be designated "Second Amendment of

Schedule to the

Schedule".

principal law.

Passed by the House of Representatives at Sitting No. 417 of the 21st Ju1y, 1980.

C.AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

of

Information

Department

Ippubblikat mid.Dipartiment ta I.Informazzjoni

PIlblished by the

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Government Printing Press

Printed at the c.a.s.

tal.Gvern

a

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