Maldivian Narcotics Law

Law no 13/9

First Amendment to the law no. 17/77

(law on narcotics)

To amend law no. 17/77 (law on narcotics) as follows:

Law on narcotics

1. Name of law

This law shall be called the “Law on narcotics.”

2. Production distribution and dealing of illegal drugs

a) The planting, production, import, export, selling, buying, giving, possession, with the intention to sell and being an accomplice in any such activity involving illegal drugs is a crime.

b) If a person is found possessing more than 1g of an illegal drug it will be considered as possession with the intention to sell.

c) The sentence for the crime mentioned in (a) is life imprisonment.

3. Drugs which can be used for a medical purpose

a) The import, export, production, planting, doing any of these or being an accomplice in any such activity involving drugs which can be used for a medical purpose, without the permission of the Ministry of Health and Welfare, under its laws, is a crime.

b) The dealing, giving, selling, possession, handling, any attempt to do any of these or being an accomplice in any such activity, without the written permission of the Ministry of Health and Welfare under its laws, is a crime.

c) Possession with intention to sell

If a person is found possessing more than the permitted amount of a drug which can be used for a medical purpose then he is violating this law and will be charged with possession with intention to sell.

d) The sentence for the crimes mentioned in is imprisonment or banishment for a period of 10 to 15 years.

4. Use and possession for the purpose of using them

a)

i) The use or possession for use of any illegal drug is a crime.

ii) The use of a medical drug without the proper prescription of a certified doctor is a crime.

iii) The use of anything even if it isn’t an illegal drug or a medical drug for the purpose of getting intoxicated is a crime.

b) A person will be charged with possession for use of a drug if he is possessing 1g or less of an illegal drug.

c) The sentence for the crime mentioned in (a) is imprisonment, banishment or house arrest for a period of 5 to 12 years.

5. Acquiring drugs by changing the prescription

a) Changing the prescription of a doctor in order to acquire a medical drug or the misuse of such a prescription is a crime.

b) The sentence for the crime mentioned in (a) is imprisonment or banishment for a period of 2 to 5 years.

6. Money and property achieved through a crime

a) Acceptance, possession or the use of any money or property which is known to have been achieved through a crime mentioned in this law or which is suspected to have been achieved through the same is a crime.

b) Doing anything to conceal the source of income of drug money, for the purpose of hiding the source or to lighten the sentence of convict is a crime as is being an accomplice in such an activity.

c) The sentence for the crime mentioned in (a) or (b) is a fine between Rf 100,000/- and Rf 1,000,000/- or imprisonment for 10 to 15 years or a fine between Rf 100,000/- and 1,000,000/- and imprisonment or banishment for a period of 10 to 15 years.

d) If the guilty party for any crime mentioned in (a) or (b) is a company then the company has to pay the fine mentioned in (c) and that company will be shut down.

7. Other crimes involving drugs

a) Doing any of the following is a crime:

i) Writing, publishing of an article or drawing an advertisement or poster or giving a talk or any other activity which creates interest in others to use drugs.

ii) Facilitating the use of drugs in a building with access to the public by the owner or a worker of such a building.

iii) Selling or buying or attempting to sell or buy an item which he has assumed to be intoxicating.

b) The sentence for the crimes mentioned in (a) is imprisonment or banishment for 7 to 15 years.

8. Concealing the knowledge of a crime

a) It is a crime to fail to report to the Ministry of Defence and National Security if in Male’, or the Island Office or Atoll Office if in the islands, in the event of any crimes mentioned in this law or situations where such a crime is suspected.

b) The sentence for the crime mentioned in (a) is imprisonment, banishment or house arrest for a period of 1 to 3 years.

9. Giving the highest sentence under this law

If a person is found guilty of committing any of the crimes mentioned in this law, under the following circumstances or in the following places then he has to be given the highest sentence possible under this law.

a) A member of a criminal gang or group.

b) A repeated offender of this law.

c) A government official responsible for stopping the use or traffic of drugs.

d) The person and the person who helps to give drugs or send it into the body of a minor less than 16 years old or a patient under parts 11 and 12 of this law or a mentally ill person.

e) The person and the person who helped send the drug into the body of a person in the event that this person dies or comes to a state where his or her life is endangered.

f) A person who secretly puts an intoxicating agent into the food of another person.

g) A person who does something illegal after committing a crime mentioned in this law.

h) Assaulting, causing injury or threatening to do such an act or using a sharp object or any such thing which can be used as a weapon, against a person enforcing this law or a person who is responsible for carrying out its sentences.

i) A government official who uses his job or the influence of his job to commit a crime.

j) A person who works in the health field or a pharmacist who uses his job or the influence of his to commit a crime.

k) Committing a crime in a school, an educational institute, a health institute or facility, an institute of the type mentioned in part 11 of this law, social centre, a sports and recreational centre or a facility used to pass a sentence.

10. Money and property achieved through a crime

a) The money, tools and instruments, the drugs used to commit a crime mentioned in this law will be confiscated.

b) A judge can order to have the money and property, achieved through a crime mentioned in this law, to be frozen, prevent its spending or have it placed under a person’s supervision until the court reaches a decision or while his trial is going on.

c) If a person is accused of committing a crime under this law then the Ministry of Defence and National Security and the Ministry of Atolls Administration has the authority to confiscate any money or property suspected of being achieved through ill means until a judge passes an order under part (b).

11. Treatment of drug addicts

a) There should be a committee to monitor, under the orders of the Ministry of Health and Welfare, the methods used for treatment and to decide which drug addicts should be given the treatment. This committee should comprise of five members; a certified lawyer, a medical doctor, a psychiatrist or psychologist or one with social knowledge, all of whom are chosen by the Ministry of Health and Welfare.

b) Before passing the sentence on a person accused of committing the crime mentioned in part 4 of this law a judge must consult the committee mentioned in (a) of this part.

c) If a person is found guilty of using drugs as in part 4 and has been sentenced and if the committee finds it appropriate the judge has to suspend the sentence for not more than 3 years during which time he will be undergoing treatment at the rehabilitation centre.

12. Person who request for the treatment

If a person using drugs as stated in part 4 request for the treatment before his arrest and the committee decides, he can undergo treatment as the committee decides. If he recovers in a period of less than 3 years without committing any further crimes then his identity must not be revealed. And

part 4 of this law will not apply to him.

13. Completion of treatment

a) If a person undergoing treatment as in part 11 completes his treatment within the given period, without committing any further crimes, to the satisfaction of the committee then the sentence which was suspended cannot be carried out.

b) Faille to complete treatment

If a person undergoing treatment as in part 11 fails to complete his treatment then the judge must cancel the suspension of his sentence.

14. Suspending a sentence Completion of treatment

a) If the person found guilty of committing a crime mentioned in part 4 is a minor less than 16 years old and if it is a first time offence then the judge must suspend his sentence for 3 years.

b) If the person found guilty of committing a crime mentioned in part 4 is more than 16 years old and serves the first half of his sentence without committing any further offences, the judge must suspend the rest of the sentence for the period remaining in his sentence.

15. Committing a crime while sentence is under suspension

a) If a sentence is suspended under this law and the person completes all the conditions along with it without committing any further offences then his sentence cannot be carried out even after the period of suspension.

b) If a person is guilty of committing a second crime while the sentence for his first crime was under suspension then the judge must order him to immediately carry out the rest of his sentence or order him to carry out the sentence the remaining immediately after he completes the sentence for his second offence.

16. Obstructing the job responsibility

a) To obstruct or hinder the job of a person who carries out this law is a crime.

b) The sentence for the crime mentioned in (a) is imprisonment, banishment or house arrest for 1 to 3 years.

17. Committing a crime abroad

This law applies even to those who break it abroad.

18. Scientific evidence given in a court

a) A person who has the academic qualification and experience in finding out whether a person has taken drugs, the type of drug, the amount used using scientific methods can give evidence in a court of law and this evidence can be used against the guilty party.

b) The following will be accepted from the person mentioned in (a)

i) Type and name of drug.

ii) Description and weight of drug.

iii) Type, name and container of any mixtures used with the drug.

iv) Description of the tests carried out and their results.

c) The person mentioned in (a) and (b) should be a person who has the permission of the Ministry of Health and Welfare to carry out tests and publish their results.

19. Exceptions

The import of less than 1g of a narcotic drug for the purpose of investigation and research by the Ministry of Defence and National Security

is an exception to this law.

20. Intoxicating drinks

Part 3 part 4 of this does not cover the consumption of alcohol.

21. Making laws

The person or people appointed by the President has the authority to make and enforce rules to enforce the law.

22. Meaning

In this law;

a) An illegal drug is all of which is listed in Table 1.

b) A medical drug or a drug which can be used for a medical purpose is listed in Table 2.

c) A drug, narcotic or intoxicating agent is all of which is in Table 1 and 2.

d) The use of drugs or narcotics is taking or injecting or sending into the body by any other means the drugs mentioned in Table 1 and 2.

e) The rehabilitation centre mentioned in parts 11 and 12 should be one which has been approved by the Ministry of Health and Welfare.

f) The committee responsible the treatment is the same as the one mentioned in 11 (a).

g) People who have permission to practice medicine are those who have the permission of the Ministry of Health and Welfare to practice it and those who the permission to release the drugs mentioned in Table 2 of this law. If outside Maldives then it is referring to medical doctors who have the permission of an official authority.

TABLE 1: ILLEGAL DRUGS

1. ACETORPIHINE

2. ACETYL-ALPHA-

METHYLFENTANYL

3. ACETYLMETHADOL

4. ALLYLPRODINE

5. ALPHAMETHADOL

6. ALPHA-METHYLFENTANYL

7. ALPHA-METHYLTHOFENTANYL

8. ALPHAPRODINE

9. ANILERIDINE

10. BENZETHIDINE

11. BEZYLMORPHINE

12. BETACETYMETHADOL

13. BETA-HYDROXYL FENTANYL

14. BETA-HYDROXYL-3-

METHYLFENTANYL

15. BETAMMEPRODINE

16. DETAMETHADOL

17. BETAPRODINE

18. BEZITRAMIDE

19. BROLAMFETAMINE

20. BUPRENOPHINE

21. CANNABIS AND CANNABIS RESIN

22. CATHINONE

46. DROTEBANOL

47. ECGONINE

48. ETHYLMETHYLTHIAMBUTENE

23. CLONITAZENE

24. COCA LEAF

25. COCAINE

26. CODOXIME

27. CONCENTRATE OF POPPY STRAW

28. CYCLOBARBITAL

29. DESOMORPHINE

30. DET

31. DEXTROMORAMIDE

32. DMA

33. DMHP

34. DMT

35. DOET

36. DIAMPROMIDE

37. DIETHYLTHIAMBUTENE

38. DIFENOXIN

39. DIHYDROMORPHINE

40. DIMENOXADOL

41. DIMEPHEPTANOL

42. DIMETHYLTHIAMBUTENE

43. DIOXAPHETYLBUTYRATE

44. DIPHENOXYLATE

45. DIPIPANOL

49. ETICYCLIDINE

50. ETONITAZINE

51. ETORPHINE

45. DIPIPANOL

46. DROTEBANOL

47. ECGONINE

48. ETHYLMETHYLTHIAMBUTENE

49. ETICYCLIDINE

50. ETONITAZINE

51. ETORPHINE

52. ETOXERIDINE

53. ETRYPTAMINE

54. FENETYLLINE

55. FURETHIDINE

56. HEROIN

57. HYDROMORPHINOL

58. HYDROXYPRETHIDINE

59. ISOMETHADONE

60. KETOBEMIDONE

61. LEVAMFETAMINE

62. LEVOMETAMFETAMINE

63. LEVOMETHORPHAN

64. LEVOMORAMIDE

65. LEVOPHENACYLMORPHAN

66. LYSERGIDE(LSD)

67. METAZOCINE

68. METHYLDESORPHINE

69. METHYLDIHYDROMORPHINE

70. 3-METHYLFENTANYL

71. 3-METHYLTHIOFENTANYL

72. METOPON

73. METAMFETAMINIERACEMATE

74. MECLOQUALONE

75. METHAQUALONE

76. METHCATHINONE

77. METHYLPHENIDATE

78. MORPHERIDINE

79. MESCALINE

80. MORAMIDE INTERMEDIATE

81. 4-METHYLAMINOREX

82. MPPP

83. MMDA

84. MDMA

85. MDE

86. MYROPINE

87. N-OHMDA

88. NICOMORPHINE

89. NORACYMETHADOL

90. NORLEVORPHANOL

91. NOEMETHADONE

92. NORMORPHINE

93. NORPIPANONE

94. PARA-FLUOROFENTANYL

95. PARAHEXYL

96. PEPAP

97. PHENADOXONE

98. PHENAMPROMIDE

99. PHENAZOCINE

100. PHENAMORPHAN

101. PHENOPERIDINE

102. PHENCYCLIDINE

103. PHENMETRAZINE

104. PIMINODINE

105. PIRITRAMIDE

106. PMA

107. PROHEPTAZINE

108. PROPERIDINE

109. PSILOCYBINE

110. PSILOCINE, PSILOTSIN

111. RACEMENTHORPHAN

112. RACEMORAMIDE

113. RACEMORPHAN

114. ROLICYCLIDINE

115. STP-DOM

116. TENAMFETAMINE

117. TENOCYCLIDINE

118. TETRAHYDROCANNABINOL

119. THEBACON

120. THEBAINE

121. THIOFENTANYL

122. TILIDINE

123. TMA

124. TRIMEPERIDINE

125. ZIPEPROL

126.

The Isomers, esters, ethers, and salts of the above mentioned drugs, any drug made from these which are not included in Table 2

This table has been made according to the schedule of the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances. Calling a substance a name other than the one in the table does not mean that it can be treated as not being there.

TABLE 2: MEDICAL DRUGS

1. AMFEPRAMONE

2. AMFETAMINE

3. AMINORAX

4. AMOBARBITAL

5. ALFENTANIL

6. ALLOBARBITAL

7. ALPRAZOLAM

14. CATHINE

15. CHLORDIAZEPROXIDE

16. CLOBAZAM

17. CLONAZEPAM

18. CLORAZEPATE

19. CLOTIAZEPAM

20. CLOXAZOLAM

21. CODEINE

22. DIAZEPAM

23. DELORAZEPAM

24. DEXAMFETAMINE

25. ESTAZOLAM

26. ETHCHLORVYNOL

27. ETHINAMATE

28. ETHYL LOFLAZEPATE

29. ETILAMFETAMINE

30. FENCAMFAMINE

31. FENPROPOREX

32. FENTANYL

33. FLUDIAZEPAM

34. FLUNITRAZEPAM

35. FLURAZEPAM

36. GLUTETHIMIDE

37. HALAZEPAM

38. HALOXAZOLAM

39. HYDROCODONE

40. HDROMORPHONE

41. KETAZOLAM

42. LEFETAMINE

43. LEVORPHANOL

44. LOPRAZOLAM

45. LORAZEPAM

46. LORMETAZEPAM

47. MAZINDOL

48. METHADONE

49. MORPHINE

50. MEDAZEPAM

51. MEFENOREX

52. MEPROBAMATE

53. MESOCARB

54. METHYLPHENOBARBITAL

55. METHYLPRYLON

56. MIDAZOLAM

57. NALBUPHINE

58. NIMETAZEPAM

59. NTRAZEPAM

60. NORDAZEPAM

61. OPIUM

62. OXYCODONE

63. OXYMORPHONE

64. OXAZEPAM

65. OXAZOLAM

66. PETHIDINE

67. PETHIDINE-INTERMEDIATE-A

68. PETHIDINE-INTERMEDIATE-B

69. PETHIDINE-INTERMEDIATE-C

70. PENTOBARBITAL

71. PENTAZOCINE

72. PROPOXYPHENE

73. PEMOLINE

74. PHENDIMETRAZINE

75. PHENOBARBITAL

76. PHENTERMINE

77. PINAZEPAM

78. PIPRADOL

79. PRAZEPAM

80. PYROVALERONE

81. SECOBARBITAL

82. SECBUTABARBITAL

83. SUFENTANH

84. TEMAZEPAM

85. TETRAZEPAM

86. TRIAZOLAM

87. VINYLBITAL

This table has been made according to the schedule of the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances. Calling a substance a name other than the one in the table does not mean that it can be treated as not being there.