-As the House of Representatives concurs with Senate on the passage of non-billable drug law

By: Jerromie S. Walters

The House of Representatives has unanimously concurred with the Liberian Senate and enacted into law an Act amending the drug law, thus making it non-billable.

The bill, which is expected to be sent to the President’s desk to be enacted into law, was passed following a motion from Sinoe County District #2 Representative Sampson Weah, following a heated debate by the lawmakers. They argued over its urgency, consequences, and need for further understanding of the House Conference Committee’s report regarding the law, which many lawmakers said they weren’t acquainted with.

Upon being placed on the House’s floor for discussion, the bill was voted on by 25 Representatives with the argument that it was urgent, while one voted against it and two lawmakers abstained from the process.

This comes following a report from the House Conference Committee on the Drugs Law of Liberia that was previously passed by the House and the Senate but sent back to the House for amendments.

The committee recommended that the amendment of chapter 14, offenses involving danger to the person, title 26, penal code, and Liberian codes be 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committee added that Part Five, Regulation of Drugs, Public Health Law, and Liberian Codes Revised, are hereby repealed.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 another drug 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 be a second (lower) degree felony and that the consumers be deemed to be victims of the 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 or her sentence, he or she shall be deported from Liberia.

The decision was made during the 13th Day sitting of the 2nd quarter of the 6th session of the 54th National Legislature of the House of Representatives of the Republic of Liberia, midday Tuesday, June 27, 2023.

According to part ||, count 11 of the current drug law, provides “Any person who, without lawful authority: (a) imports, manufactures, produces, processes, plants, or grows the drugs popularly known as cocaine, LSD, heroin, or any other similar drugs shall be guilty of an offense and liable on conviction to be sentenced to imprisonment for life; or (b) Exports, transports, or otherwise traffics in the drugs popularly known as cocaine, LSD, heroin, or any other similar drugs shall be guilty of an offense and liable on conviction to be sentenced to imprisonment for life”.

It further states that “any person who sells, buys, exposes, offers for sale, or otherwise deals in or with the drugs popularly known as cocaine, LSD, heroin, or any other similar drugs shall be guilty of an offense and liable on conviction to be sentenced to imprisonment for life; or c) knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroin, or any other similar drugs by smoking, inhaling, or injecting the said drugs shall be guilty of an offense and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years”.

As a result of mounting pressure from concerned Liberians and INGOs about stronger laws on drugs, the Plenary of the Liberian Senate on Thursday, November 10, 2022, passed into law the ‘Controlled Drug and Substances Act of 2014’’. 

Taking the decision, the Senate categorized drug crime into two categories, making it non-bailable and bailable depending on the gravity of the crime.

In the wisdom of the Senate, those who are involved in the importation, distribution, massive production, and custody of illicit drugs shall not be granted the right to bail when caught in the act, while the end users of the drug shall have the right to bail when apprehended in the act.

Recently, Bomi County Senator Edwin Melvin Snowe emphasized the need for drugs to be declared a national emergency in Liberia, considering their rapid proliferation and dreadful effect on the lives of young Liberians.

Senator Snowe, while elaborating in dismay during a radio interview early Tuesday, June 6, 2023, expressed disappointment in the situation and alluded to the fact that the matter is of the essence and there’s absolutely no room for delay.

“I believe that by now we should have a national emergency; we should declare drugs a national emergency; it’s bad”, he articulated. According to the Senator, drug abuse and teenage pregnancy should be declared national emergencies in Liberia, considering their terrible effects on the lives of thousands of Liberians, especially the younger folks.

“We are losing a whole generation; most of our young people are on drugs, and they are saying a piece of it (kush) is being sold for 100 Liberian dollars”. The Bomi County Senator believes the issue of drugs (kush, etc.) in Liberia is very serious, and if it is not appropriately tackled, the nation might regret the aftermath.

Meanwhile, the International Day against Drug Abuse and Illicit Trafficking, or World Drug Day, is marked on June 26 every year to strengthen action and cooperation in achieving a world free of drug abuse and was accordingly observed yesterday by Liberia, like several other countries.

Drug proliferation is a complex issue that has plagued societies around the world for decades, and Liberia is no exception.

The problem has been exacerbated by the rise of organized crime, which has made it easier for drugs to be produced, trafficked, and sold. Governments, law enforcement agencies, and non-governmental organizations have been working hard to combat drug proliferation through various initiatives.

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