Chapter Four
Article 41:
Penalties for cultivation
(1) Any person who cultivates opium or coca in a one- acre land, taking into consideration the circumstances he shall be sentenced to up to 3 months imprisonment.
(2) Any person who cultivates opium or coca in a land more than one Jerib, he shall be sentenced to imprisonment of ten days for each additional Beswa (one fourth of acre) in addition to imprisonment mentioned in paragraph (1) of this law.
(3) Any person who cultivates cannabis in a one-acre land, taking into consideration the circumstances he shall be sentenced to up to 2 months of imprisonment.
(4) Any person who cultivates cannabis in a land more than one acre, he shall be sentenced to imprisonment of 5 days for each additional Beswa – one fourth of acre - in addition to the punishment mentioned in paragraph( 3) of this article.
(5) Whoever, encourages, motivates, compels another person to cultivate opium, cannabis and coca or facilitates or organizes them shall be sentenced to twice amount of punishment prescribed in paragraphs (1, 2, 3 and 4) of this article, taking into consideration the circumstances.
(6) In the cases stated in paragraphs (1, 2, 3 and 4) of this article, beside the punishments listed in this article, the cultivation of poppy, cannabis, coca and other plants which produce narcotics shall be destroyed and the cultivator or the person involved in shall not entitled to compensation.
(7) Destruction of farms of the plants that produce drugs in such a manner that causes side affects to health or environment, shall not be allowed without agreement of Ministry of Public Health and National Administration of Environment Protection.
Article 42:
Punishments for smuggling Heroin, Morphine and Cocaine
(1) Whoever commits a drug trafficking offense involving the following quantities of heroin, morphine, or cocaine, or any mixture containing those substances, shall be sentenced as follows:
1. Six months up to one year of imprisonment for trafficking less than 10 grams of heroin, morphine and cocaine.
2. More than one year up to three years of imprisonment for trafficking more than 10 grams and less than 100 grams of heroin, morphine and cocaine.
3. More than 3 years up to five years of imprisonment for trafficking more than 100 grams and less than 500 grams of heroin, morphine and cocaine
4. More than 5 years up to 10 years of imprisonment for trafficking more than 500g and less than 1kg of heroin, morphine and cocaine.
5. If the amount exceeds1kg, the perpetrator shall be sentenced to one year of imprisonment for each additional 500g in addition to ten years of imprisonment.
(2) In situations mentioned in point 5, paragraph (1) of this article, the period of imprisonment shall not exceed 20 years.
Article 43:
Punishment for smuggling Opium
1. Whoever commits a drug trafficking offense involving the following quantities of opium or any mixture containing that substance shall be sentenced as follows, taking into consideration the circumstances:
1. For less than 10 grams of opium, imprisonment for up to two months.
2. For more than 10 grams and less than 100g of opium, imprisonment for two to six months.
3. For more than 100g and less than 500g of opium, imprisonment for six months up to one year.
4. For more than 500g and less than1kg of opium, imprisonment of more than one year up to three years.
5. For more than 1kg and less than 5kg of opium, imprisonment for three to eight years.
6. For more than 5kg of opium, in addition to eight years of imprisonment, six months of imprisonment for each additional 500 grams.
7. In cases mentioned in point 6, paragraph (1) of this article the period of imprisonment shall not exceed 20 years.
Punishment for Consuming Intoxicant Drinks
Article 44:
Whoever consumes intoxicant drinks, the Islamic prescribed punishment shall be
applied upon her/his according to Anafies’ jurisprudence.
The circumstance for implementation of Had for the person who drinks alcohol shall be accomplish in accordance to the Jurisprudence of Ahnaf Religious sects as follows.
1- Whenever the intoxicant drinker is using rave on his speech and most of his/her speech is out of order.
2- If he/she confesses explicitly before a judge or two or more than two just men testify against him/her.
3- If the intoxicant drinker is wise, mature and free and able to realize that what he is drinking is alcohol.
4. When the intoxicant drunkard recovers, the judge shall punish him/her to lashing of 80 times, the lashing shall apply on all parts of body expect the head and face, the penalty of flogging shall be inflicted for men in stand position and for women in sitting position.
5. The extra and winter wear cloths shall taken off from the convicted body.
Punishment for Smuggling of Intoxicant drinks
Article 45
Whoever commits smuggling intoxicant drinks involving its any substance shall be sentenced as follows, taking into consideration the below circumstances and amount:
1- For less than 1 liter of intoxicant drink, imprisonment up to two month.
2- For 1 liter up to 10 liters of intoxicant drink, imprisonment of two up to six months.
3- For 10 liters up to 50 liters of intoxicant drink, imprisonment of more than six months up to one year.
4- For 50 liters up to 100 liters of intoxicant drink, imprisonment of more than one year up to 3 years.
5- For 100 liters up to 500 liters of intoxicant drink, imprisonment of more thatn 3 years up to 8 years
6- If the amount of alcohols exceeds from 500 liters in addition of 8 years imprisonments he/she shall be punished for each 50 liters of exceeding intoxicant drink for six months of imprisonment.
(2)- In circumstances mentioned in sub-paragraph six of paragraph of one this article the duration of imprisonments shall not exceed 20 years of imprisonment
Punishment for hashish trafficking:
Article 46:
1. Whoever commits hashish trafficking offense involving the following quantities shall be sentenced as follows:
a. Less than 10 grams of hashish, imprisonment for up to one month.
b. More than 10 grams up to 100 grams of hashish, imprisonment for more than one month up to two months
c. More than 100 grams up to 500 grams of hashish, imprisonment for more than two months up to three months
d. More than 500 grams up to 1kg of hashish, imprisonment for more than three months up to six months.
e. More than 1kg up to 5kg of hashish, imprisonment for more than six months up to one year.
f. More than 5kg of hashish, in addition to one year imprisonment, for each additional 500 grams imprisonment of three months.
2. In conditions mentioned in paragraph 2, subparagraph 6 of this article the term of imprisonment shall not exceed 10 years.
Article 47:
Punishment for Trafficking of Substances or any Mixture Containing Substances listed in Tables of this law
1. Whoever commits a drug trafficking offense involving the substances or any mixture containing substances listed in Tables 1 through 4 of this law, with the exception of heroin, morphine, cocaine, hashish and opium shall be sentenced as follows:
(i) Less than 250 grams, imprisonment for up to one month.
(ii) More than 250 grams up to 500g, imprisonment for more than one month up to three months.
(iii) More than 500g up to 1 kg, imprisonment for more than three months up to 1 year.
(iv) More than 1kg up to 5kg, imprisonment for more than one year up to three years.
(v) More than 5kg , in addition to three years imprisonment, for each additional 500 grams imprisonment for three months.
2. In conditions mentioned in paragraph 2, subparagraph 5 of this article the period of imprisonment shall not exceed 10 years.
