.... According to the new law, drug dealers, cultivators, and manufacturers are not eligible for bail until their trial is completed, and if found guilty, that would be sentenced to life imprisonment.
Members of the 54th Legislature have voted to enact several amendments to Liberia's drug law, making most offenses non-bailable.
The new law comprises severer penalties for drug offenses and makes it tremendously difficult for individuals charged with drug-related crimes to be released on bail.
According to the new law, drug dealers, cultivators, and manufacturers are not eligible for bail until their trial is completed and, if found guilty, would be sentenced to life imprisonment.
This is a significant change from the previous law, which allowed individuals charged with drug offenses to be released on bail and sentenced to about 10 years in jail.
The lawmakers' move is part of the government's effort to combat drug-related crimes, which are becoming a major problem in municipal cities across the Country.
Many experts believe that the new law will help to reduce drug use and drug-related crime in Liberia as it sends a strong message to drug dealers that the government is stern about combating drugs.
However, experts are of the view that while the law is good, it would not reduce the importation or sale of illicit drugs if a holistic approach that involves aggressive public awareness campaigns, counseling and rehabilitation programs, and the creation of more job opportunities for Liberian youths were neglected.
The problem of drug abuse is not new, but the trend has become worrisome with a high prevalence rate of drug use among Liberian youth as the rise in organized crime has made it easier for drugs to be produced, trafficked, and sold.
According to numerous reports, Liberia has one of the highest rates of drug use in West Africa, with cannabis and heroin being the most commonly used, and males are more likely to use drugs than their female counterparts.
The consequences of the abuse, according to the reports, are significant and far-reaching and include criminal activities, the degradation of social values, and the decline of the quality of life for individuals and communities, which can have a significant impact on the productivity of a nation's workforce.
The Legislative amendments come after the joint Conference Committee which was set up to harmonize the differences between both the House and Senate earlier versions of the law proposed that trafficking, cultivation, manufacture, importation, exportation, and sale of illicit drugs should be made a first-degree felony, which would make the crime non -bailable offenses.
The committee added that the sentence for such crimes is life imprisonment upon conviction, with properties, real and personal, used in the commission of these crimes escheated to the state.
The proceeds from the sale of the properties, according to the Committee, would be appropriated with 25% going towards drug enforcement agencies, another 25% allotted for drug prevention and rehabilitation programs, and the remaining 50% allocated to the general revenue.
However, the Committee makes the use or consumption of controlled illicit drugs a second-degree felony having recognized the constitutional right to bail. The bail amount, the Committee noted, will equal twice the value of the illicit drugs, and be covered in cash, a manager's check, or a bank certificate.
The Conference Committee argued that illicit drug users are victims, rather than criminals. It also mandates that non-Liberian convicts for any of these drug-related offenses will face deportation after serving their sentence.
Based on the Committee's advice, members of the 54 legislatures vote in majorities to the various proposed amendments, which makes the law now known as the Controlled Drugs and Substances Act of 2023.
The committee recommended that amendment of chapter 14, offenses involving danger to the person, title 26, penal code, Liberian codes revised by adding thereto subchapter (E) under the title "controlled drug and substances act of 2023.
The conference committee added that part five, regulation of Drugs, Public Health law, and Liberian codes revised, are hereby repealed.
"Section 17.5, Chapter 17 Offenses against Public Order, Penal Law of the Liberian Codes Revised is hereby amended by deleting there from the words "narcotics or other drugs not therapeutically administered", the committee revealed.
The legislative conference committee said Chapter 14 Offenses Involving Danger to the Person, Penal Law, Liberian Code of Laws Revised is hereby amended to add thereto Subchapter E Controlled Drugs and Substances.
"Cannabis, which is commonly known as marijuana, includes all parts of the plant Cannabis Sativa, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seed or resin; but shall not include the mature stalks of such plant, fibers produced from such stalks, oils or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of such plant which cannot germinate", subchapter E is quoted.
The body further requested that consumption of controlled drugs and substances a second (lower) degree felony is that the consumers are deemed to be victims of cultivators, manufacturers, importers, exporters, traffickers, and sellers.
The law also provides that where the convict of any of these crimes is not a Liberian, after serving his/her sentence, he/she shall be deported from Liberia.
of bail, only cash to the value of the bond; or cash deposit in the bank to the value of the bond as evidenced by a bank certificate.
$14.84. Unlicensed exportation of controlled drugs or substances
1. Offense. A person commits an offense if he/she exports out of Liberia any controlled drug or substance listed in schedules I, II, III, or IV or precursor or essential chemical listed in Table I or Table II herein, or exports consignment of such controlled drugs and substances to a post office box other than the person named on the authorization, or exports consignment of such substance out of Liberia without a license issued by the Minister.
2. Grading. The offense of unlicensed exporting of controlled drugs or substances shall be graded follows:
- Where the subject matter of the offense is a drug or substance listed in Schedule I, or precursor or essential chemical listed in Table I and Table II to be used for the purpose of trafficking, the person shall be guilty of a felony of the first-degree and if otherwise used for a different purpose, shall be guilty of a second-degree felony. Sentence shall be consistent with provisions of the Penal Law in Sections 50.5 and 50.6. The offense shall be a grave offense and shall not be bailable.
b. Where the subject matter of the offense is a drug or substances listed in Schedule II, III, and IV to be used for the purpose of trafficking, the person shall be guilty of a second-degree felony and if otherwise used for a different purpose which shall constitute an offense, shall be guilty of a first-degree misdemeanor. Punishment for the violation of this section shall not be not less than five years or consistent with sections 50.5 and 50.6 of the Penal Law of Liberia. As to the matter of bail, only cash to the value of the bond; or cash deposit in the bank to the value of the bond as evidenced by a bank certificate.
$14.85. Unlicensed sale, trading administration, dispensation, delivery, distribution, dispatch in transit, and transportation of controlled drug or substance
1. Offense. A person commits an offense if he/she sells or offers for sale, trades, administers, or dispenses, or delivers or gives away to another, or distributes or dispatches in transit, or transports any controlled drug and substance listed in schedules I, II, III, and IV or acts as a broker in any of such transactions without a license from the Minister. And no consignment of such drugs or controlled substances while in transit or being stored in a bonded warehouse shall be subject to any process which would change the nature of the drug in question.
2. Grading. The offense of unlicensed sale, trading, administration, dispensation, delivery, dispatch in transit, and transportation of controlled drugs or substances shall be graded as follow:
a. Where the subject matter of the offense is a drug or substances listed in schedule 1, or precursor or essential chemical listed in Table I and Table II to be used for the purpose of trafficking, the person shall be guiltý of a felony of the first degree and, if used otherwise, shall be guilty of a second-degree felony and shall serve a sentence between 10 to 20 years as prescribed in Section 50.5 and 50.6 of the Penal Law of [Liberia. Where the offense is deemed a first-degree felony, it shall be a grave offense ad shall not be bailable. Where the offense is demeanor second-degree felony, for the purpose of bail, only cash to the value of twice the bond; or cash deposit in the bank to the value of twice the bond as evidenced by a bank certificate.
b. Where the subject matter of the offense is a drug or substances listed in Schedule II, 11 and IV to be used for the purpose of trafficking, the person shall be guilty of a 'second-degree felony and if used otherwise, shall be guilty of a first-degree misdemeanor.
Punishment shall range between three to five years or more depending on the circumstances or as prescribed in Sections 50.5 and 50.6 of the Penal Law of Liberia.
As tó the matter of bail, only cash to the value of the bond; or cash deposit in the bank to the value of the bond as evidenced by a bank certificate.
Ş14.86. Unlicensed manufacture of controlled drugs or substances
1. Ofense. A person commits an offense if the- person engages in the manufacture or preparation of any drugs or substances listed in Schedules I, II, III, IV, or precursor or essential chemicals listed in Table I and Table II without a license from the Minister.
2. Grading. the offense of unlicensed manufacture of controlled drugs and substances shall be graded as follows:
a. Where the subject matter of the offense is a drug or substances listed in Schedule I, or precursor or essential chemical listed in Table I and Table II to be used for the purpose of trafficking, the person shall be guilty of a felony of the first degree and; if used otherwise, shall be guilty of a second-degree felony. For violation of this section, sentence shall range between 10 to 20 years or as prescribed in Sections 50.5 and 50.6 of the Penal Law of Liberia. Where the offense is deemed a first-degree felony, it shall be a grave offense and shall not be bailable. Where the offense is deemed a second-degree felony, for the purpose of bail, only cash to the value of twice the bond; or cash deposit in the bank to the value of twice the bond as evidenced by a bank certificate.
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b. Where the subject matter of the offense is a drug or substances listed in Schedule II, II| and IV to be used for the purpose of trafficking, the person shall be guilty of a second-degree felony and if used otherwise, shall be guilty of a first-degree misdemeanor.
Punishment for violation of this section shall range between three to five years or more depending on the circumstances or as prescribed in Section 50.5 S and 50.6 of the Penal Law of Liberia. As to the matter of bail, only cash to the value of the bond; or cash deposit in the bank to the value of the bond as evidenced by a bank certificate.
It can be recalled that the plenary of the House of Representatives in November 2021 passed and forwarded to the Liberian Senate for onward deliberations and concurrence.
"AN ACT TO AMEND CHAPTER 14 OF THE NEW PENAL LAW OF LIBERIA UNDER THE TITLE "OFFENSE INVOLVING DANGER TO THE PERSON "BY ADDING THERETO SUB-CHAPTER (E) UNDER THE TITLE "CONTROLLED DRUG AND SUBSTANCE ACT OF 2014".
The Plenary's decision then was followed by a communication from Grand Bassa County District #5 Representative Thomas Goshua in 2019 that has been lingering in committee room and a petition signed by over fifty (50) members of the House of Representatives.
With the passage of the law now it will provide penalties for drug possession or use, supply, trafficking, production, an alternative to incarceration, harm reduction, public health and human rights, and confiscation of properties, among others, and will also reduce the number of disadvantage youths in the streets.
Already following the passage of the law, several Liberians both at home and abroad have commanded the Legislature for taking on such decision at a time most needed.
Under the speakership of Dr. Bhofal Chambers, several landmark pieces of legislation have been enacted to benefit the Liberian people; some include the dual citizenship bill, whistleblowers Act, LACC prosecutorial bill, Land Rights Act, Domestic Violence Bill, the Controlled Drugs and Substances Act of 2023 among several others.
