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Bill leaves it to court to send first-time drug users to prison or rehab

By Rana Husseini - Mar 03,2015 - Last updated at Mar 03,2015

AMMAN — The Legislation and Opinion Bureau at the Prime Ministry is currently examining a draft law that stipulates imprisonment or rehabilitation options for first-time drug abusers, official sources confirmed Tuesday.

The draft drugs and psychotropic substances law stipulates a minimum fine of JD1,000 and a maximum of JD3,000 for first-time illegal narcotics users in addition to one to two years in prison.

The State Security Court (SSC), which handles such cases, has the option of substituting the penalty with a referral to a specialised rehabilitation centre or clinic based on a programme suggested by specialists.

In March 2013, the Lower House approved amendments to a previous version of the drugs and psychotropic substances law presented by the government which stipulated that those arrested for the first time for drug abuse violations will not be referred to the judiciary but to the Anti-Narcotics Department’s rehabilitation centre for treatment.

However, the amendments caused a controversy and the government withdrew the legislation. A new law was recently introduced for consideration by the legislation bureau before being referred to Parliament again for deliberations.

Supporters of the earlier version hailed the move as protecting “and giving teenagers and young people a second chance, and allowing them to get the proper treatment and rehabilitation”.

But opponents maintained that “sparing first time violators from legal punishment is an attack on the judiciary’s jurisdiction and is not acceptable — customarily or legally”.

The new draft law prohibits the export or manufacture of pharmaceutical products that contain illegal narcotics unless the individuals or companies obtain the necessary permits and prove that the products will be only used for medical, industrial or scientific purposes.

The bill also bans the import, export, sale, purchase and handling of plants or seeds that could produce illegal narcotics.

Violators, who will be questioned and tried at the SSC, could receive a prison term ranging from six months to 15 years and fines between JD1,000 and JD20,000, according to the draft law.

Repeat offenders will not benefit from reductions in penalty, the draft law stipulates.

In the event that the violators are repeat offenders, law enforcement agents, or have committed the offence with a minor, they will receive life imprisonment and fined a maximum of JD20,000.

If the violators are part of an international organised ring, the punishment is death, the draft law states.

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