The amended Drugs Act introducing tougher penalties, including the death penalty for drug smugglers, has come into effect.
The bill was passed by Parliament on 3 December and ratified by President Dr Mohamed Muizzu on 6 February.
The amendment imposes stringent penalties for drug importation, trafficking, and unlawful financial gains from drug-related activities. It imposes the death penalty in cases involving possession of more than 350 grams of cannabis, more than 250 grams of diformin, or more than 100 grams of other controlled substances. It can also apply to those caught smuggling drugs into the Maldives.
However, the application of the death penalty is subject to a unanimous verdict from a Supreme Court bench. Should the court not reach a consensus on capital punishment, offenders will face life imprisonment coupled with a hefty fine. The amended law also restricts the possibility of pardons or commutation for those sentenced to death or life imprisonment for drug smuggling, effectively barring parole for such individuals.
The amendment aims to strengthen law enforcement powers and address rising drug use and trafficking. It introduces controls on new drugs, additional offences and penalties, and improvements to drug treatment and drug court systems.
A notable provision within the amended Act mandates the confiscation of property and money seized in connection with drug offences, and transfers this power from the Public Finance Act to the court system. This will result in the forfeiture of assets utilised in or derived from criminal activities, including direct or indirect proceeds of crime.
Courts can order the confiscation of money and property linked to drug offences, including proceeds of crime, property used to commit crimes, assets obtained directly or indirectly from drug trafficking. Property can be confiscated even if the accused is not convicted, under certain conditions.
Customs and police powers have also been strengthened to prevent drug smuggling by air and sea.