Cap. 628 Art. 3Establishment of the Authority on the Responsible Use of Cannabis. 

(1) There shall be established a body to be known as the

Authority on the Responsible Use of Cannabis.

(2) Subject to the provisions of this Act and of any other law, it shall be the function of the Authority to regulate the use of cannabis for purposes other than medical or scientific purposes and to carry out work, including as defined in sub-article (3), to implement harm reduction from the use of cannabis. The Authority shall also assist other law enforcement and regulatory authorities in the fight against crime in the field of dangerous drugs.

(3) Without prejudice to the generality of its functions as detailed in sub-article (2) the Authority shall have the following duties and functions and may:

(a) submit proposals and recommendations to the Government concerning a national policy on the responsible use of cannabis that will take due account of the specific situation and requirements of Malta from time to time;

(b) participate in the national planning process relating to social policy and dangerous drugs policy;

(c) monitor the use of cannabis in Malta, other than use for medical or scientific purposes, either directly or through the commissioning of surveys and other professional studies;

(d) act as regulator and to implement any function which may be assigned to it in accordance with any law with regard to any activity which involves the cultivation, processing or distribution of any part of the cannabis plant, its derivatives or products related to the cannabis plant, including also activities conducted by entities or organisations falling beyond the scope of article 7A of the Drug Dependence (Treatment not

Imprisonment) Act but excluding activities carried out pursuant to the Production of Cannabis for Medicinal and Research

Purposes Act;

(e) organise or promote educational campaigns on the responsible use of cannabis based on scientific facts and on the aim of harm reduction also giving clear and impartial information on the risks and other elements of cannabis use with reference to age and with appropriate content, whilst promoting open dialogue on the subject;

(f) organise or promote the training of officials working with cannabis users;

(g) give advice on cannabis related matters and to perform any other task related to the analysis of cannabis use as the Minister may from time to time request;

(h) undertake periodic reviews of educational programmes and structures concerned with cannabis activities and of policies relating to cannabis, to recommend improvements in such programmes and policies and to identify sources for the training of persons in relevant fields of activity so as to ensure the continued availability of suitably qualified personnel;

(i) administer any budgetary allocation as may be assigned to it for purposes related to the responsible use of cannabis or such other purposes as may be linked to such budgetary allocation;

(j) promote effective communication and coordination with government entities and non-governmental organisations working with cannabis users or involved in the formulation of policies related to cannabis;

(k) identify overseas developments related to cannabis use that are of direct interest and relevance to Malta;

(l) set up databases and obtain access to international databases in the field of cannabis use;

(m) act as a contact point with respect to various regional, interregional and international organisations and to organise participation in seminars, conferences and in action groups and working groups of relevance to Malta’s interests in the field of activity of the Authority;

(n) set up networks of professional persons and organisations to assist in the formulation of policies, and the implementation of programmes, and to monitor areas of importance related to responsible cannabis use of interest to Malta;

(o) carry out any other function not covered by the preceding paragraphs of this sub-article related to the responsible use of cannabis as may be delegated to it by the Minister;

(p) carry out any other function ancillary or conducive to the functions, duties, and aims of the Authority;

(q) with the written authorisation of any other competent public body, carry out enforcement of any other legislation related to cannabis which would have otherwise been vested with said competent public body.

(4) The Authority shall be a body having a distinct legal personality from that of the Government and shall be capable, subject to the provisions of this Act, to enter into contracts, to hold and dispose of property of any kind for the purpose of its functions, to sue and be sued and to enter into all such other transactions as are incidental or conducive for the proper performance of its functions.

(5) The Authority shall consist of a Board and of a Directorate.

(6) The legal and judicial representation of the Authority shall vest in the Chairperson:

Provided that the Board of the Authority may appoint the Chief Executive Officer or any one or more of the members of the Directorate staff to appear in the name and on behalf of the Authority in any judicial proceedings and in any act, deed, contract or instrument or other document whatsoever.

(7) Any document purporting to be an instrument made or issued by the Authority and signed by the Chairperson on behalf of the Authority shall be received in evidence, and shall unless the contrary is proved, be deemed to be an instrument made or issued by the Authority.