Dangerous Drugs Ordinance (Cap. 101), article 35

35. All necessary actions required for the implementation of the Council Framework Decision 2004/757/JHA shall be implemented as soon as possible but not later than six (6) months after the en try into force by the act amending the Annex of the said Decision, and s hall include a specific reference to the said Framework Decision. 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; LXVI.2021.25; L.N. 165 of 2022; L.N. 156 of 2023; L.N. 179 of 2024; L.N. 97 of 2025. 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 ACETYLFENTANYL, (N-(1-phenethylpiperidin-4-yl)-N- phenylacetamide) ACETYLMETHADOL ACETYLALPHAMETHYL FENTANYL ACRYLOYLFENTANYL, N-(1-phenethylpiperidin-4-yl)- N- phenylacrylamide AH-7921, (3,4-dichloro-N-[(1-(dimet hylamino) cyclohexyl)methyl] benzamide) ALFENTANIL ALLYLPRODINE ALPHACETYLMETHADOL ALPHAMEPRODINE ALPHAMETHADOL ALPHAMETHYL FENTANYL ALPHAMETHYL THIOFENTANYL ALPHAPRODINE ANILERIDINE BENZETHIDINE BENZYLMORPHINE BETACETYLMETHADOL BETA-HYDROXYFENTANYL BETA-HYDROXY-3-METHYLFENTANYL 40 CAP. 101.] DANGEROUS DRUGS BETAMEPRODINE BETAMETHADOL BETAPRODINE BEZITRAMIDE BRORPHINE, 1-{1-[1-(4-bromophenyl)ethyl]piperidin-4-yl}-1,3- dihydro-2H-benzimidazol-2-one BUTYRFENTANYL, N-phenyl- N-[1-(2-phenylethyl)-4- piperidinyl]butanamide BUTONITAZENE, 2-[(4-butoxyphenyl)methyl]- N,N -diethyl-5- nitro-1H-benzimidazole-1-ethanamine) CANNABIS - any extract or tincture thereof CARFENTANIL, 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) CROTONYLFENTANYL, (2E)- N -phenyl- N -[1-(2- phenylethyl)piperidin-4-yl]but-2-enamide CYCLOPROPYLFENTANYL, N -phenyl- N -[1-(2- phenylethyl)piperidin-4-yl]cyclopropanecarboxamide' DESOMORPHINE DEXTROMORAMIDE DIAMPROMIDE DIETHYLTHIAMBUTENE DIFENOXIN DIHYDROMORPHINE DIMENOXADOL DIMEPHEPTANOL DIMETHYLTHIAMBUTENE DIOXAPHETYL BUTYRATE DIPHENOXYLATE DIPIPANONE DROTEBANOL ECGONINE, its esters and deriva tives which are convertible to ecgonine and cocaine ETAZENE, 2-[(4-ethoxyphenyl)methyl]-N,N-diethyl-1H- benzimidazole-1-ethanamine DANGEROUS DRUGS [CAP. 101. 41 ETHYLMETHYLTHIAMBUTENE ETONITAZENE ETONITAZEPIPNE, 2-[(4-Ethoxyphenyl)methyl]-5-nitro-1-(2- piperidin-1-ylethyl)-1 H-benzoimidazole ETONITAZEPYNE, 2-[(4-ethoxyphenyl)methyl]-5-nitro-1-(2- pyrrolidin-1-ylethyl)-1H-benzoimidazole ETORPHINE ETOXERIDINE FENTANYL 4-FLUOROISOBUTYRFENTANYL (4-FIBF, pFIBF), N-(4- Fluorophenyl)-2-methyl- N-[1-(2-phenylethyl)piperidin-4- yl]propanamide FURANYLFENTANYL, N -phenyl- N -[1-(2- phenylethyl)piperidin-4-yl]furan-2-carboxamide FURETHIDINE HEROIN HYDROCODONE HYDROMORPHINOL HYDROMORPHONE HYDROXYPETHIDINE ISOMETHADONE ISOTONITAZENE, N , N -diethyl-2-[[4-(1- methylethoxy)phenyl]methyl]-5-nitro-1 H- benzimidazole-1- ethanamine KETOBEMIDONE LEVOMETHORPHAN* LEVOMORAMIDE LEVOPHENACYLMORPHAN LEVORPHANOL* MEDICINAL OPIUM METAZOCINE METHADONE METHADONE - INTERMEDIATE METHOXYACETYLFENTANYL, 2-methoxy- N-phenyl- N-[1-(2- phenylethyl)piperidin-4-yl]acetamide 2-methyl-AP-237, 1-{2-methyl -4-[(2E)-3-phenylprop-2-en-1- yl]piperazin-1-yl}butan-1-one METHYLDESORPHINE METHYLDIHYDROMORPHINE METHYLFENTANYL (CIS a nd TRANS ISOMERS) 42 CAP. 101.] DANGEROUS DRUGS METHYLPHENYLPIPERIDOL PROPRIONATE (MPPP) METONITAZENE, N,N-diethyl-2-[(4-methoxyphenyl)methyl]-5- nitro-1H-benzimidazole-1-ethanamine METONITAZEPYNE, 2-[(4-methoxyphenyl) methyl]-5-nitro-1-(2- pyrrolidin-1-ylethyl)-1 H-benzoimidazole METOPON MORAMIDE - INTERMEDIATE MORPHERIDINE MORPHINE MORPHINE METHOBROMIDE and ot her pentavelent nitrogen morphine derivatives, including in particular the morphine- Noxide 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 OCFENTANIL, N-(2-Fluorophenyl)-2-methoxy- N-[1-(2- phenylethyl)piperid in-4-yl]acetamide ORIPA VINE (3-O-demethylthebaine or 6,7,8,14-tetradehydro- 4,5-alpha -epoxy-6-methoxy-17-methylmorphinan-3-ol) OXYCODONE OXYMORPHONE ORTHOFLUOROFENTANYL, N-(2-fluorophenyl)- N-[1-(2- phenylethyl)-4-piperidinyl]-proponamide PARAFLUOROBUTYRYLFENTANYL or 4F-BF, 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 DANGEROUS DRUGS [CAP. 101. 43 PHENAZOCINE PHENETHYLPHENYLPIPERIDOL ACETATE (ESTER) (PEPAP) PHENOMORPHAN PHENOPERIDINE PIMINODINE PIRITRAMIDE PROHEPTAZINE PROPERIDINE PROTONITAZENE, N,N-d iethyl-5-nitro-2-[(4- propoxyphenyl)methyl]-1-H-benzimidazole-1-ethanamine PROTONITAZEPYNE, 5-nitro-2-[(4-propoxyphenyl)methyl]-1-(2- pyrrolidin-1-ylethyl)benzimidazole RACEMETHORPHAN RACEMORAMIDE RACEMORPHAN REMIFENTANIL SUFENTANIL TAPENTADOL,(3-[(1R,2R)-3-(dime thylamino)-1-ethyl-2- methylpropyl]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)- N- methyl-benzamide V ALERYLFENTANYL, N-phenyl- N-[1-(2-phenylethyl)piperidin-4- yl]pentanamide The isomers, unless specifically e xcepted, of the drugs in this Part of the Schedule whenever the exi stence of such esters or ethers is possible; The esters and ethers, unless appearing in another Part of this Schedule, of the drugs in this P art of the Sched ule whenever th e existence of such esters or ethers is possible; The salts of the drugs listed in this Part of the Schedule, inc luding the salts of esters, ethers and isomers as provided above whene ver the existence of such salts is possible. *DEXTROMETHROPHAN and DEXTRORPHAN are specifically excluded from this Part of the Schedule. 44 CAP. 101.] DANGEROUS DRUGS 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 speci fic chemical designation; The salts of the drugs listed in this Part of the Schedule, including the salts of the isomers as provided above whenever t he 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 mill igrammes of the drug per dosag e 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 sa me amount of methylcellulose. Cap. 31. 3. Preparations for oral use co ntaining not more than 135 milligrams of dextropropoxyphene bas e 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 an y substance contained in the Third Schedule to the Medical and Kindred Professions Ordinance . 4. Preparations of cocaine contai n i n g n o t m o r e t h a n 0 . 1 p e r 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 d rug DANGEROUS DRUGS [CAP. 101. 45 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 cen t 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, i n powder well mixed with 80 per cent of any other powdered ingredient containing no drug. 8. Preparations conforming to a ny of the formulae listed in this Part of the Schedule and mi xtures of such preparations wit h any material which contains no drug. SECOND SCHEDULE Amended by: XVI.1960.3; XXIII. 1980.10. Substituted by: VI.1994.20. FORM A (Article 14(2)) DANGEROUS DRUGS ORDINANCE (CHAPTER 101) Import Certificate is sued by the Serial No.................... Government of Malta File No . ................ .. CERTIFICATE OF OFFICIAL APPROV AL 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 am ount of drugs to be imported. 46 CAP. 101.] DANGEROUS DRUGS from * subject to the co nditions 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 befor e 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). (2) §solely for medicinal or scientific purposes (in the case of dangerous drugs other than raw opium and coca leaf). (Date)............................. (Signature and stamp of the Chief Government M edical Officer). This document is solely for production to the government of the country from which the drug is proposed to be obtained. Substituted by: VI. 1994.20. FORM B (Article 13 (1)) DANGEROUS DRUGS ORDINANCE (Chapter 101) File No................................ Applicant’s Reference No .................... Serial No . .............................. EXPORT AUTHORIZATION In pursuance of the Dangerous D rugs Ordinance (Chapter 101), the Chief Government Medical Officer hereby authorizes (hereinafter calle d "the exporter") to export from - (1) ‡ the port of by s. s. *Insert name and address of firm in exporting country from whic h the drug is to be obtained. †Strike out words not applicable. ‡ Strike out words not applicable. DANGEROUS DRUGS [CAP. 101. 47 (2) * Malta by Parcel Post in parcels from the to in virtue of import Certificate No. dated issued by the following drugs, namely: This authorization is issued subject to the following condition 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 tran smission of articles by post whi ch 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 duplicate copy, which is att ached, shall accompany the consignment to the place of destination and for this purpose th e exporter shall cause it to be de livered to the master of the ve ssel by which the consignment is despatched. 5. If the drugs are authorized to be exported by post the attached duplicate copy shall b e placed inside the outer wrappe r 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 b e 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 t o his satisfaction that the said drugs were duly delivered at the destination named in this authorization, and in the event of no n- compliance with this condition the authorization shall be deeme d 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 pro duced for inspection when requi red by any duly authorized person. 9. This authorization, unless sooner revoked, shall continue in force for three cale ndar months from the date hereof. It mus t be produced at the time of ex port, to an officer of - 48 CAP. 101.] DANGEROUS DRUGS (1) * the Customs Department, (2) *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. Date........................... ...................................... (Signature and stamp of the Chief Government Medical Officer). Note: (1) 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 unauthori zed alteration is permissible. (2) In the case of drugs exported by post failure to comply wit h this condition may lead to delay or confiscation of the parcels in the country of destination. FORM C (Article 14 (1)) DANGEROUS DRUGS ORDINANCE (CHAPTER 101) Authorization No ................. File No ................. IMPORT AUTHORIZATION In pursuance of the Dangerous D rugs Ordinance (Chapter 101) (hereinafter called "the Ordin ance"), the Chief Government Medical Officer her eby authorizes † (hereinafter called "the importe r") to import the drugs specifi ed in the Schedule hereto, from ‡ This authorization is issued subject to the following condition s: 1. The drugs shall be imported before (date) 2. This authorization is not a li cence to be in possession of or to supply the drug imported. 3. 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 Offi ce regulations for the time bei ng in force in Malta. 4. 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. DANGEROUS DRUGS [CAP. 101. 49 be revoked at any time by the Chie f Government Medical Officer to whom it shall in that event be immediately surrendered. It shal l be produced for inspection when required by any duly authorized person. 5. This authorization unless sooner revoked shall be produced to the Comptroller of Customs at the time of importation and sh all be surrendered to the Comptroller of Customs at the time when t he last consignment of drugs is imported. 6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 th is authorization shall immediately after that date be surrendered to the Chief Government Medical Officer. 7. The copy of the export aut horization, 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.) This authorization is not to leave the possession of the import er until it is surrendered to the Chi ef Government Medical Officer or to the Comptroller of Customs, who will complete the certificat e on the back and return the authorization to the Chief Government Medical Officer. ENDORSEMENT BY COMPTROLLER OF CUSTOMS at the time of Importation SCHEDULE specifying the drugs and quantities thereof to be imported. Date Description of drugs imported Number and date of Export Authorization Quantity How imported Customs entry or Parcel No. Signature and stamp of Comptroller of Customs e.g., ex ... (In the case of a ship), or by registered parcel post or by insured box post. 50 CAP. 101.] DANGEROUS DRUGS 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. FORM D (Article 16 (1)) DANGEROUS DRUGS ORDINANCE (CHAPTER 101) LICENCE FOR THE REMOV AL OF DANGEROUS DRUGS IN TRANSIT .................................................is hereby auth orized to move the dangerous drugs described hereunder from ...................... ............... ..........................to .................................. ....................................... Nature and quantity of dangerous drugs ........................ ................. Particulars of export authorization (or diversion certificate if any) re lating thereto ................ ............. ............................................................... ........................................ Name of ship on which the drugs were brought into Malta .................... ................. Date of arrival .............. ....................... Number of packages .................... ................. Marks and numbers on packages ........................... .......... This licence is issued subject to the following conditions: - (1) This licence is valid only for the removal of the drugs specified above. (2) The removal of the drugs shall take place between a.m./p.m. and ............... a.m./p.m. on the ................ ........................ 20............... (3) If the removal of the drugs does not take place within the hours and on the day specified, this licence must be returned t o the Comptroller of Customs forthwith; and in any case shall be surrendered when the r emoval has taken place. (4) The drugs must not be moved unless an officer of the Customs Department is present. (5) 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 accord ance with this licence. (6) The packages containing the drugs are not to be opened or broken in the course of the removal. (7) This licence shall be produced at any time when required by a duly authorized person. (Date) ....................... ................................................ DANGEROUS DRUGS [CAP. 101. 51 (Signature and stamp of the Comptroller of Customs.) Substituted by: VI. 1994.20. FORM E (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 .......... ..................... Name of vessel on wh ich the consignment was brought to Malta .... ........................... Name and address of the e xporter .......... ..................... Number and date of export authorization and authority by whom issued ......... ...................... Name and address of original consignee named in the export authorization .......... ..................... Name and address of consignee to whom the consignment is authorized to be diverted ............. .................. Number and date of import certificate (and authority by whom issued) by virtue of which this diversion is aut horized ......... ...................... Name of vessel on wh ich the consignment is authorized to be carried from Malta ........... .................... Period within which the consignment is to be carried from Malta .... ........................... This certificate is issued subject to the following conditions: (1) The duplicate copy of this certificate sha ll accompany the consignment to the place of destination, and for this purpose s hall be delivered to the master of the vessel by which the consignme nt is despatched. (2) This certificate does not relieve any person who may be concerned with the carriage of the consignment of drugs specifi ed 52 CAP. 101.] DANGEROUS DRUGS above from compliance with any customs regulations in force for the time being relating to the exportation of goods from Malta. (3) This certificate is valid onl y for the consignment and for the period specified above, and may be revoked at any time. (4) If the consignment of drugs is not carried from Malta within the period specified above, this certificate shall be surrendered to the Chief G overnment Medical Officer. (5) 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: (1) 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. (2) 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. DANGEROUS DRUGS [CAP. 101. 53 54 CAP. 101.] DANGEROUS DRUGS TABLE I CATEGORY I The stereoisomeric forms of the substances listed in this Categ ory not being cathine ( 2) whenever the exi stence of such forms is possible. The salts of the substances listed in this Category whenever th e existence of such salts is possible and not be ing the salts of cathine. CATEGORY II The salts of the substances listed in this Category whenever th e existence of such salts is possible. CATEGORY III THIRD SCHEDULE Added by: VI. 1994.21. Amended by: L.N. 278 of 2003; L.N. 1 of 2004. (Article 22(ID)) Substance CN designation (if different) CN code CAS No ( 1) 1-Phenyl-2-propanone Phe nylacetone 2914 31 00 103-79-7 N-acetylanthranilic acid Isosafrol (cis + trans) 2-Acetamidobenzoic acid 2924 23 00 2932 91 00 89-52-1 120-58-1 3,4-methylenedioxyphenl- propan-2-one 1-(1,3-Benzodioxol- 5-yl)propan-2-one 2932 92 00 4676-39-5 Piperonal 2932 93 00 120-57-0 Safrole 2932 94 00 94-59-7 Ephedrine 2939 41 00 299-42-3 Pseudoephedrine 2939 42 00 90-82-4 Norephedrine Ergometrine Ex 2939 49 00 2939 61 00 14838-15-4 60-79-7 Ergotamine Lysergic acid 2939 62 00 2939 63 00 113-15-5 82-58-6 Substance CN designation (if different) CN code CAS No ( 1) Acetic anhydride 2915 24 00 108-24-7 Phenylacctic acid 2916 34 00 103-82-2 Anthranilic acid 2922 43 00 118-92-3 Piperidine 2933 32 00 110-89-4 Potassium permanganate 2841 61 00 7722-64-7 Substance CN designation (if different) CN code CAS No ( 1) Hydrochloric acid Hydrogen chloride 2806 10 00 7647-01-0 Sulphuric acid Toluene 2807 00 10 2902 30 00 7664-93-9 108-88-3 DANGEROUS DRUGS [CAP. 101. 55 The salts of the substances listed in this Category whenever th e existence of such salts is possible and not being the salts of hydrochloric acid and sulphuric acid. (1) The CAS No. is the ''Chemical A bstract 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. Hen ce the CAS Nos for the salts of the substances listed a bove are differen t to those giv en. (2) Also named (1)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39- 7. 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 e xistence of such salts is possible. Ethyl ether Acetone Diethyl ether 2909 11 00 2914 11 00 60-29-7 67-64-1 Methylethylketone Butanone 2914 12 00 78-93-3 56 CAP. 101.] DANGEROUS DRUGS Guidelines on the exer cise of discretion These guidelines apply to all accu sed persons aged 16 and over. In determining the court in which a person accused of an offenc e against this Ordinance is to be tried the harm or the potential harm caused by the offence charged shall be the principal consideration. The quantity of the drug is a principal consideration in assess ing 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 f or trial before the Criminal Court is to be referred for trial before the Court of Magistrates at a later stage. The role played by the accused in the crime shall, if sufficien t information is available, also be tak en into consideration. In such cases a distinction should be made between persons who played a leading role, a significant role or a le sser role in the commission of the offence. A leading role in the commission of the offence may be indicated by the following: • that the accused organized or di rected buying and selling of a drug on a commercial scale; • that the accused had substantial links to and significant infl uence 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 exp ectation of substantial financial gain; • that the accused used a legitimate business as a cover for buy ing or selling drugs; • that the accused has abused a pos ition of trust or of signific ant responsibility in the commission of the offence, for example wh en the accused is a prison employee or a legal or medical professional . 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 w ithin a chain; • that the accused involved other s in the operation either by ex erting pressure or influence upon them or by intimidation or offer of reward; • that the accused was motivated by the prospect of financial or o t h e r advantage, irrespective of whe ther the accused was acting alone or with others; • that the accused appeared to be aware and to understand the sc ale of the operation; • that the accused, not being a person abusing a position of tru st or responsibility, supplied the drug to a prisoner for gain but wi thout FOURTH SCHEDULE Added by: XXIV . 2014.90; LXVI. 2021.25. Amended by: VII.2025. 8. (Article 22) DANGEROUS DRUGS [CAP. 101. 57 coercion. 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 commissio n of the offence and has acted under the direction of others; • that the accused was engaged by others to commit the offence b y pressure, coercion or intimidation; • that the accused got involved in the commission of the offence because of his naivete or because h e was exploited by others; • that the accused had no influence on those above him in a chai n; • 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 non- commercial basis. Aggravating factors resulting fr om the law shall be taken into consideration. Other aggravating factors that may be ta ken into consideration may include: • the sophisticated nature of con cealment of the drug and the na ture 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 dr ug is cut with harmful substances; • high purity of the drug • that the accused has targeted places intended to locate vulner able persons or has sought to supply drugs to minors; • that others, especially childre n and non-users were present wh en the accused committed the offence. 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 b e taken into account. 58 CAP. 101.] DANGEROUS DRUGS Added by: XII.2025.5. FIFTH SCHEDULE (Article 2) Part I Non-psychoactive phytocannabinoids CBD, Cannabidiol CBG, Cannabigerol CBC, Cannabichromene CBDV, Cannabidivarine Part II Psychoactive cannabinoids THC, Tetrahydrocannabinol Part III 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, THC- heptyl 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-O- Acetate Delta-8-THC methylether, 1-methyl-Δ8-THC; Δ8- Tetrahydrocannabinol methylether Delta-9-THCP acetate, Δ9-Tetrahydrocannabiphorol Acetate; delta- 9-THC-C7-Acetate delta-9-THCH, delta-9-Tetrahydrocannabihexol, delta-9-THC-C6 HHC-P-O-acetate, hexahydrocannabiphorol acetate DANGEROUS DRUGS [CAP. 101. 59 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-6H- dibenzo[b,d]pyran-1-ol, delta-9-THC-C8