Drug Bill Reform Measure Approved by Majles on August 13, 2017
Bill for the Incorporation of a Single Article into the Law for Combating Illicit Drugs
Single Article: A single article is incorporated as Article 45 into the Law for Combating Illicit Drugs of October 25, 1988 and to its subsequent amendments, as follows, and said Law’s [current] Article 45 becomes Article 46:
Article 45. Perpetrators of crimes that carry the death penalty or life imprisonment under this Law, shall be considered Mofsed fel-Arz* and sentenced to death and to expropriation of assets obtained from [engaging in activities related to] drugs and psychotropic substances, if one of the conditions below is satisfied [or it is established that the perpetrator(s) fall(s) into one of the categories enumerated below]; otherwise, [if none of the conditions below are met], “individuals subject to the death penalty” shall be sentenced to first degree imprisonment of up to thirty years and first degree monetary penalty up to two times the minimum amount [prescribed by law], and “individuals subject to life imprisonment” shall be sentenced to second degree imprisonment and second degree monetary penalty, as the case may be. In both cases [“individuals subject to the death penalty” and “individuals subject to life imprisonment,”] perpetrators will be sentenced to expropriation of assets obtained from [engaging in activities related to] drugs and psychotropic substances.
A. Cases where the principal or at least one of the accomplices has drawn a weapon during the commission of the crime, or has carried a firearm or a hunting weapon with the intention of opposing [law enforcement] officials. “Weapon” in this paragraph means weapons and ammunitions described in the Law for the Punishment of Trafficking in Weapons and Ammunitions and of Possessors of Unauthorized Weapons and Ammunitions of August 29, 2011.
B. If the perpetrator is the ringleader (as described in Article 130 of the Islamic Penal Code of 2013), provides financial support, is an investor, and/or utilizes children and young individuals under the age of 18 or mentally incompetent individuals (“majanin"**) for the commission of the crime.
C. Cases where the perpetrator has a prior record of final conviction [sentencing the perpetrator to] death, life imprisonment, or imprisonment exceeding 15 years, for commission of crimes that are the subject of this Law.
D. [If the perpetrator engages in the] manufacture, production, distribution, sale, importation, of substances provided for in Article 4 of the Law (“traditional” drugs like cannabis, hashish, grass, opium, or opium extract, residue, or waste), provided that it is more than fifty kilograms; and of substances subject of Article 8 of the Law (“synthetic” drugs like heroin, morphine, cocaine, and other chemical by-products and derivatives of morphine, cocaine, and other substances), provided that it is more than two kilograms; and [if the perpetrator engages in] the other crimes which are the subject of Article 8, provided it is more than three kilograms. The implementation of this paragraph for perpetrators [tried and sentenced] before this Law takes effect is premised on their meeting one of the conditions of paragraphs A, B, or C.
Note: Regarding crimes provided for in this Law that carry a term of imprisonment in excess of five years, in cases where sentences of the minimum legally prescribed punishment has been issued, with the exception of the Note to Article 38 of this Law, the perpetrator shall not enjoy suspension [of the sentence], conditional release, and other modes of leniency. In the event that the sentence exceeds the minimum legally prescribed punishment, In the event that the sentence is in excess of the minimum legally prescribed punishment, the court may suspend the sentence for a period of five to ten years upon serving the minimum sentence prescribed by law.
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*“One who spreads corruption on Earth”, a crime that carries the death penalty under Iran’s Islamic Penal Code.
**A Qur’anic term meaning “insane.”