Dangerous Drugs Ordinance (Cap. 101)
Dangerous Drugs Ordinance (Cap. 101), article 2
2. (1) In this Ordinance unless the context otherwise
requires -
"coca leaves" means the leaves of the Erythroxylum Coca
Lamarek and the Erythroxylum Novogranatense (Morris)
Hieronymus and their varieties belonging to the family of
Erythroxylaceae and the leaves of other species of this genus from
which cocaine can be extracted either directly or by chemical
transformation;
"Cannabis" means the inflorescen ce and leaves of any plant of t he
genus Cannabis and includes any resin obtained from the said pl ant
and any preparations derived from the said plant, but does not include
its seeds, or inflorescence, leave s, extracts and products deri ved from
non-psychoactive phytocannabinoids containing not more than zer o
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 plan t which
has been processed, refined or ot herwise chemically altered, as well as
manufactured products, edible p roducts, liquids, powders, or
vapourisable substances, shall be deemed to constitute a prohib ited drug
punishable in the same manner an d to the same extent as offence s
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 Malt a, 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 b e
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 mix ed with neutral materials;
"new psychoactive substance" mea ns a substance in pure form or in
a preparation that is not covere d by the 1961 United Nations Si ngle
Convention on Narcotic Drugs, as amended by the 1972 Protocol, or
by the 1971 United Nations Conventi on on Psychotropic Substance s
which may pose health or social risks similar to those posed by the
substances covered by those Conventions;
DANGEROUS DRUGS [CAP. 101. 3
Cap. 628.
""non-psychoactive phytocannabinoids" means such products as th e
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;
Cap. 628.
" "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 spontane ously 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 fu lly synthetic or semi-syntheti c
cannabinoids, whether or not they occur naturally in trace amou nts in
the cannabis plant, that are chem ically processed or refined to act on
cannabinoid receptors and produce psychoactive effects, as the
Minister responsible for the Authority on the Responsible Use o f
Cannabis Act may, by regulations made from time to time, includ e 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 2 5
March, 1972.
(2) In this Ordinance, unless th e context otherwise requires,
any reference to this Ordinanc e shall be deemed to include a
reference to rules made thereunder.
PART I
RAW OPIUM AND COCA LEA VES
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.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.