Cap. 537 Art. 7CAdministrative penalties by agreement and other sanctions.

(1) Notwithstanding any other provision of this Act, and without prejudice to any other proceedings to which the person or organisation may be subjected to under any other law, in the case of any breach mentioned in article 7A of this Act or regulations made thereunder, the Authority on the Responsible Use of Cannabis may, with the concurrence of the person or organisation committing the breach and subject to the rectification of the breach, impose an administrative penalty amounting to not less than seventy five percent (75%) of the minimum fine (multa) attributable to the offence in question as an alternative to criminal court proceedings. Upon conclusion of such agreement, the offender’s criminal liability with regard to the offence or offences in relation to which the agreement has been entered, shall be extinguished:

Provided that the agreement shall not be concluded and the criminal liability of the offender shall not be extinguished unless the agreement is accompanied by the payment of the sum due or the provision of sufficient security for its payment, in the case of an administrative penalty, or in the case of another form of sanction by adherence thereto or sufficient security of adherence:

Provided further that the agreement and payment of any administrative penalty due in virtue thereof, shall not exonerate the person or organisation responsible for a breach, from rectifying such breach and duly comply with article 7A of this Act and, or other applicable regulatory instruments.

(2) The provisions of sub-article (1) shall apply also in any case where the offender has been charged before a court in relation to the offence, but before final judgement has been given in the case.

(3) Any imposition of an administrative penalty shall be without prejudice to the right of the Authority on the Responsible Use of Cannabis to recover any and all fees, contributions, levies, taxes and other dues which are imposed by article 7A and, or any other regulatory instruments, that remain unpaid after their due date. Such fees and taxes shall be due to the Authority on the Responsible Use of Cannabis as a civil debt and shall upon the service by judicial act of a copy of a notice for payment on the person or organisation specified in the notice, constitute an executive title for all effects and purposes of Title VII of

Part I of Book Second of the Code of Organization and Civil Procedure.