Cap. 31 Art. 40BOffences related to the plant Khat.

(1) Any person who -

(a) cultivates the plant Khat; or

(b) imports or brings into, or exports from, Malta the plant Khat; or

(c) 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 Khat; or

(d) sells or otherwise deals in the whole or any portion of the plant Khat; or

(e) with another one or more persons in Malta or outside Malta conspires for the purposes of selling or dealing in the plant Khat in Malta against the provisions of this article or who promotes, constitutes, organises or finances the conspiracy, shall be guilty of an offence against this Ordinance: Provided that the term "dealing" in this article shall have the same meaning as that assigned to it by article 120A(1B).

(2) Every person charged with an offence against this article shall be tried in the Criminal Court or before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the Attorney General may direct, and if he is found guilty shall, in respect of such offence, be liable -

(a) on conviction by the Criminal Court to a punishment of imprisonment of not less 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 eighty seven cents (465.87) but not exceeding twenty three 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) to imprisonment for a term of not less than three months but not exceeding twelve months or to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both such imprisonment and fine.