By Bill W. Cooper
As the government seeks to crack down on the rampant drug trade that has plagued Liberia for decades, the 54th National Legislature has finally passed the new drugs law making it a non-bailable offense.
The new drug law was passed with overwhelming support from senators following a report from the conference Committee of the House of Representatives and the Liberian Senate on House’s Engrossed Bill.
The House’s Engrossed Bill No. 25 Entitled “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 Drugs and Substances Act of 2014″ Now “Controlled Drugs and Substances Act of 2023.”
The Controlled Drugs and Substances Act of 2014 is now designated as the Controlled Drugs and Substances Act of 2023 and is attached hereto.
Under the new law, anyone found guilty of drug offenses will not be eligible for a bail and will be remanded in custody until their trial is completed.
The law applies to all drug-related offenses, including trafficking, possession and distribution of illegal drugs.
However, the move by the Liberian Legislature came after years of rising concern about the impact of drugs on society and the economy.
Drugs use and addiction have been on the rise in Liberia, with increasing reports of drug-related crimes and violence.
The passage of the new law by the legislators comes on the heels of the commemoration of the International Day against Drug Abuse and Illicit Trafficking, that is observed June 6, of every year.
According to the conference Committee report read in Plenary during Tuesday, June 27, 2023 regular sitting, the original House’s Bill No. 45 made every offense under the law a non-bailable offense.
The report state that the senate’s versions took into consideration that the right to bail is a fundamental and constitutional right and should be denied only where the offense is a capital offense or is determined by law to be a grave offense.
The committee in its report noted, “The Senate’s version of the law provides that the cultivation, manufacture, importation, export, trafficking and sale of controlled drugs and substances is a first-degree felony, a grave offense, and therefore is not bailable.”
“Properties, real and personal, used in the process of committing any of these offenses shall escheat to the Republic. Proceeds from the sale of properties escheated to the Republic shall be appropriated as follows: 25 percent for the drug enforcement agencies; 25 percent for drug prevention and rehabilitation programs; and 50 percent to the general revenue of Liberia,” it said.
The report said, “These appropriations to the drug enforcement agencies and to drug prevention and rehabilitation programs shall be in addition to any appropriation which shall be made annually by the Legislature in the National Budget.”
It adds, “The Senate version of the Bill also provides that the use or consumption of controlled drugs and substances is a second-degree felony and is bailable consistent with the constitutional right to bail for the commission of a crime. The bail shall however be twice the value of the controlled drugs or substance and shall be covered by cash or a manager’s check or bank certificate in the amount of the cash.”
The Conference Committee in its report also clarified that the reason why the Joint Committee decided to make consumption of controlled drugs and substances a second degree felony is that the consumers are deemed to be victims of the cultivators, manufacturers, importers, exporters, traffickers and sellers.
The committee report narrated that 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.
“So, the Joint Committee recommends to the Plenary of the House of Representatives and the Plenary of the Senate to enact into the law aforesaid controlled drug and substances act of 2023,” the report added.
Meanwhile, prior to the passage of the law, the senators hope that the new law will serve as a deterrent to those involved in the drug trade and help to reduce drug-related crime in the country.
According to the Senators, the issues of drugs is not only a national security threat, but also hinders the smooth movement ordinary business men and women throughout the country, stating that the passage of the law means that the government has also stepped-up efforts to combat drug trafficking, with increased border security and a crackdown on drug cartels.
Notwithstanding, the Legislature decision to make drug offenses a non-bailable offense is not without precedent. Several countries, including the United States, have similar laws in place, designed to combat drug trafficking and related crimes.
However, the effectiveness of such laws is a matter of debate but it is clear that the Liberian government is taking the issue of drug trafficking and related crimes seriously.
With increased border security and a crackdown on drug cartels, the government is sending a strong message to those involved in the drug trade that their actions will not be tolerated.
The new law also represents a step in the right direction, as the government seeks to take a strong stance against those who seek to profit from the misery of others.
