Cap. 537 Art. 4APossession for personal use and consumption of the drug cannabis.

(1) Notwithstanding the provisions of any other law, the possession by a person over the age of eighteen (18) years of the drug cannabis in an amount not exceeding seven grams, in circumstances in which it may be reasonably deemed that such possession is for the personal use of such person, shall not constitute an offence, and that person shall not be subject to being taken into custody under arrest saving when there is a reasonable suspicion of trafficking or dealing in the drug cannabis:

Provided that any person under the age of eighteen (18) years found in such possession of the drug cannabis shall be subject to being summoned to appear before the Commissioner for Justice who, after taking cognizance of the case may propose that such person should submit himself to a care plan or to treatment. In making such a proposal the Commissioner for Justice may consult the Drug Offenders Rehabilitation Board and such other person or public authority as the Commissioner for Justice deems appropriate.

(2) Where a charge for breach of the drug laws consists of a charge of possession of the drug cannabis in a quantity of more than seven grams but not more than twenty-eight grams, irrespective of purity, in circumstances which do not give rise to reasonable grounds to believe that the prohibited drug is not for personal use by the person in possession thereof, that person shall be tried in accordance with the Commissioners for Justice Act and, upon conviction by the

Commissioner for Justice assigned by the Minister to hear drug offence cases, shall be liable to a penalty of between fifty euro (€50) and one hundred euro (€100):

Provided that the person shall not be subject to being taken into custody under arrest saving when there is a reasonable suspicion of trafficking or dealing in the drug cannabis.

(3) A person who consumes the drug cannabis, other than as may be authorised for medical reasons:

(a) in any public place;

(b) in any place which is accessible to the public whether upon payment or otherwise;

(c) in any place where the odour emission resulting from the consumption of cannabis causes a nuisance to third parties, shall on conviction be liable to a penalty of two hundred and thirty-five euro (€235), to be imposed in accordance with the provisions of the Commissioners for Justice Act.

(4) A person who consumes the drug cannabis in any place, whether public or private, in the presence of any person under the age of eighteen (18) years, being aware that such person is under the age of eighteen (18) years, shall be liable to a penalty of not less than three hundred euro (€300) and not more than five hundred euro (€500), to be imposed in accordance with the provisions of the Commissioners for Justice Act.

(5) In all circumstances detailed under the preceding sub-articles of this article, the drug cannabis shall be seized by the Executive Police only if found in excess of seven grams or if there is a reasonable suspicion of trafficking or dealing in the drug cannabis. Following its exhibition in the course of proceedings, the seized drug shall be sent to the Registrar of the Criminal Court for destruction. Due record shall be kept of such fact.

(6) A person over the age of eighteen (18) years charged with a breach of the provisions of this article other than with a breach of sub-article (4), may, unless the charge is contested, pay any penalty due in its minimum through electronic means and without proceedings before the Commissioner, at any place and in such manner as may be established by the Minister.