S.L. 628.2 · Responsible Use Of Cannabis (Possession Of (S.L. 628.2)
S.L. 628.2 Art. 6Offences and punishments. Cap. 101. Cap. 537.
(1) The Court of Magistrates as a court of criminal judicature shall be competent to take cognizance of the offences stipulated in these regulations.
(2) Any person or association who, in breach of regulation 3 transports Cannabis on behalf of an association without the prior approval in writing of the Authority, or has in its possession Cannabis in higher amounts than those authorised, shall be guilty of an offence and shall upon conviction be liable to a fine (multa) of not less than one thousand euro (€1,000) but not more than ten thousand euro (€10,000).
(3) Any person or association who, in breach of regulation 4, holds a stock of Cannabis at the distribution site in amounts higher than those permitted in the Schedule, shall be guilty of an offence and shall upon conviction be liable to a fine (multa) of not less than two thousand euro (€2,000) but not more than ten thousand euro (€10,000).
(4) Any person or association who, in breach of regulation 5, holds a stock of Cannabis at the cultivation site in amounts higher than those permitted in regulation 5, or as stipulated in any binding instrument or written instruction issued by the Authority, shall be guilty of an offence and shall upon conviction be liable to a fine (multa) of not less than five thousand euro (€5,000) but not more than fifty thousand euro (€10,000):
Provided that where a person or association is found guilty of an offence and the quantity of Cannabis stored in excess of the maximum permitted in regulation 5, the fine (multa) shall be of not less than twenty thousand euro (€20,000).
(5) Without prejudice to the preceding sub-regulations, any person, whether a member, officer, employee, administrator, or any other individual acting for, through, or in connection with an association, who participates in, authorises, consents to, or otherwise engages in conduct constituting an offence under these regulations, shall likewise be guilty of the said offence and shall upon conviction be liable to the punishment prescribed for such offence as prescribed in sub-regulations (2), (3) and (4).
(6) For the avoidance of doubt, the liability established in accordance with these regulations shall apply irrespective of whether the conduct was carried out on behalf of, in collaboration with, or independently of the association concerned.
(7) The imposition of any punishment in accordance with this regulation shall be without prejudice to any criminal proceedings, action, or prosecution that may be instituted by any other competent authority, including the Executive Police, under any other applicable law, including but not limited to, the provisions of the Dangerous Drugs Ordinance.
(8) Without prejudice to any other proceedings that may be instituted in accordance with any applicable law, the Authority may, where it deems appropriate in the circumstances, proceed in accordance with article 7C of the Drug Dependence (Treatment not
Imprisonment) Act, and may impose an administrative penalty as an alternative to criminal proceedings for any offence in accordance with these regulations. CANNABIS BY ASSOCIATIONS) Schedule Stock of Cannabis that may be held at the Distribution Site
Category 1 three hundred and fifty grams (350g) Category 2 seven hundred grams (700g) Category 3 one kilogram and seven hundred and fifty grams (1.75kg) Category 4 two kilograms and four hundred and fifty grams (2.45kg) Category 5 three kilograms and five hundred grams (3.5kg)
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- S.L. 628.2 Art. 7