Death penalty for major drug smuggling offences now in effect after Narcotics Act amendment

The amendment to the Narcotics Act introducing the death penalty for large‑scale drug smuggling has officially come into effect.

Parliament passed the amendment on 3 December last year, enabling capital punishment for individuals who import specific types and quantities of drugs into the Maldives. President Dr Mohamed Muizzu ratified the bill three days later, on 6 December. The three‑month implementation period expired on Friday, bringing the new provisions into force.

Under the amendment, the death penalty may be imposed if two conditions are met:  

1. The type and quantity of drugs imported, and  

2. The act of smuggling the drugs with the person.

The thresholds that qualify for capital punishment include:  

• Importing more than 350 grams of cannabis  

• Importing more than 250 grams of diamorphine (heroin)  

• Importing cannabis, diamorphine, or any substance listed under Schedule One of the Act in quantities exceeding the prescribed limits

The law states that a death sentence can only be carried out with the unanimous consensus of all Supreme Court justices. If the judges do not reach unanimity, the offender may instead face life imprisonment along with a fine between MVR 100,000 and MVR 10 million.

Previously, the maximum penalty under the Act was 25 years’ imprisonment. With the new amendment, individuals sentenced to life imprisonment will not be eligible for payroll release or presidential pardon.

Despite ratifying the amendment, President Muizzu said in January that the government “does not wish to impose the death penalty under any circumstances” and expressed hope that no case would meet the criteria.

The amendment has drawn criticism from several international organisations. Former Supreme Court Justice Husnu Al‑Suood has also questioned whether the Supreme Court had unanimously endorsed the introduction of the death penalty for drug smuggling.

Several countries, including Singapore, already enforce capital punishment for major drug‑related offences.