President ratifies drug law with death penalty, full-life terms
The amendments will come into effect three months after ratification.
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President Mohamed Muizzu on Saturday ratified amendments to the Drugs Act, bringing significant changes to penalties for drug crimes and enforcement measures.
Parliament passed the amendments Wednesday with 65 votes in favour and none against.
The amendments allow the death penalty for individuals convicted of smuggling specified quantities of Schedule One drugs into Maldives, if the Supreme Court unanimously upholds the sentence. The previous maximum penalty under the Act was 25 years’ imprisonment.
The death penalty applies in cases involving:
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More than 350 grammes of cannabis
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More than 250 grammes of dimorphine
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More than 100 grammes of any other Schedule One substance
Schedule One contains 139 substances. The drugs must have been imported at the time the individual entered the country. The penalty may only be carried out after all lower court proceedings are completed and all Supreme Court justices uphold the sentence. If any justice does not support the penalty, the sentence shifts to life imprisonment and a fine between MVR 100,000 and MVR 10 million.
The amendments redefine life imprisonment under the Drugs Act as imprisonment for the remainder of a person’s life, removing the current 25-year definition. Such sentences will not be eligible for pardon, mitigation, or commutation.
The legislation also states that plea agreements may not be entered into for offences carrying life imprisonment or the death penalty. According to the committee report, the change clarifies sentencing under the Act and aligns penalties with the severity of the offences.
The amendments introduce new offences targeting premises used for drug use or trafficking. Penalties range from five to twenty years’ imprisonment and fines from MVR 50,000 to MVR 1 million.
The new offences include:
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Providing drug-use services at a location: Five years’ imprisonment; fine of MVR 50,000–100,000.
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Allowing drug use on the premises: Ten years’ imprisonment; fine of MVR 100,000–200,000.
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Providing a place for drug trafficking: Twenty years’ imprisonment; fine of MVR 200,000–1 million.
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Allowing or facilitating a premises for drug trafficking: Fifteen years’ imprisonment; fine of MVR 200,000–1 million.
Providing money to the drug trade is also established as an offence, with a penalty of twenty years’ imprisonment and a fine between MVR 200,000 and MVR 1 million.
The amendments expand police powers to close suspected drug-use premises. Police may issue a closure notice for up to 24 hours if there are reasonable grounds to believe the premises are used for drug services and pose a threat to public safety. Extending the closure beyond 24 hours requires a court order for a period of up to three months.
These provisions also apply to premises used for drug services within residential areas, including locations that are the sole residence of the person providing the service.
The amendments will come into effect three months after ratification.
