Being involved in theillegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs, constitutes a capital offence and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are alsoextrajudicial executions of suspected drug users and traffickers in at least two countries without drug death penalties by law:Mexico and thePhilippines.
As of December 2022Harm Reduction International (HRI) reports 3700+ people are on death row for drug offences worldwide. For 2022, HRI reports at least 285 executions by law for drug offences globally in 6 countries, 252+ inIran, 22 inSaudi Arabia, and 11 inSingapore. Exact numbers are not possible due to "extreme opacity" in some countries:China,North Korea, andVietnam.[2]
A Harm Reduction International global overview of 2022 reported: "HRI has identified 35 countries and territories that retain the death penalty for drug offences in law. Only a small number of these countries carry out executions for drug offences regularly. In fact, six of these states are classified byAmnesty International as abolitionist in practice. This means that they have not carried out executions for any crime in the past ten years (although in some cases death sentences are still pronounced), and 'are believed to have a policy or established practice of not carrying out executions.' Other countries have neither sentenced to death nor executed anyone for a drug offence, despite having dedicated laws in place."[2]
A March 2018 report by Harm Reduction International says: "Between January 2015 and December 2017, at least 1,320 people are known to have been executed for drug-related offences – 718 in 2015; 325 in 2016; and 280 in 2017. These estimates do not include China, as reliable figures continue to be unavailable for the country." 1,176 of the 1,320 total were in Iran.[3][4]
According to a 2011 article by theLawyers Collective, anNGO inIndia, "32 countries imposecapital punishment for offences involvingnarcotic drugs andpsychotropic substances."[5] A 2015 article byThe Economist says that the laws of 32 countries provide for capital punishment for drug smuggling.[6]
Sentences for drug-related crimes, especially for trafficking, are the strictest in Asian countries.[7] In January 2014, then-PresidentThein Sein ofMyanmar commuted all the country's death sentences to life imprisonment.[8] InSouth Korea, the law continues to provide for the death penalty for drug offences, although it currently has a moratorium on capital punishment: there have been no executions since 1997, but there are still people on death row, and new death sentences continue to be handed down.[9][10] While capital punishment has been abolished in thePhilippines, thePhilippine drug war has led to thousands ofextrajudicial executions against drug traffickers, which are endorsed by presidentRodrigo Duterte and his government.[11]
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Harm Reduction International in their 2022 report breaks down nations by high application, low application, symbolic application, and insufficient data. That breakdown in the Application column below is as of 2022 unless a later reference is used in that column for a particular country.[2]
Note: Asterisk(*) after country name indicatesCrime in LOCATION links.
| Location | Application[2] | Notes |
|---|---|---|
 Bahrain * | Low | [12][13][14] |
 Bangladesh * | Low | |
 Brunei | Symbolic | |
 China * | High | Ranks first in the world by number of executions related to drug trafficking.[15] |
 Cuba * | Symbolic | |
 Egypt * | Low | |
 Gaza Strip | Low | |
 India * | Symbolic | Option when a second conviction for drug trafficking in quantities specified.[5] |
 Indonesia * | High | Death penalty for drug-related crimes depending on severity (drug trafficking, possession of large amounts of drugs, etc.), other drug-related crimes may result in life sentencing or other harsh punishments. See also:Bali Nine. |
 Iran * | High | Drug trafficking cases are handled under the jurisdiction of theIslamic Revolutionary Court, a special court system that tries individuals accused of smuggling, blaspheming, or committing acts of treason. In 1988, the country'sGuardian Council passed a law allowing courts to impose mandatory death sentences on drug-traffickers found in possession of specified amounts of proscribed narcotics.[16] Iran ranks second in the world for most executions.[15] In 2023, the country executed 853 individuals, with 481 of them convicted of drug-related offenses.[17] |
 Iraq | Low | |
 Jordan * | Symbolic | |
 Kuwait * | Low | |
 Laos * | Low | |
 Libya | Insufficient data | [18][13][14] |
 Malaysia * | High | A Moroccan man was sentenced to death by the High Court on May 30, 2013, for trafficking in more than six kilograms of methamphetamine.[19] A man was sentenced to death by hanging on September 3, 2021, for 299 grams of cannabis presumed to be for trafficking.[20] |
 Mauritania * | Symbolic | |
 Mexico * | Extrajudicial | Extrajudicial executions. SeeMexican drug war. |
 Myanmar * | Symbolic | According to the cartography available on the French version of the website of the International Federation of Human Rights, drugs crimes can still be punished by the death penalty in Myanmar in theory.[21] |
 North Korea * | High | |
 Oman * | Symbolic | |
 Qatar * | Symbolic | |
 Pakistan * | Low | |
 Philippines * | Extrajudicial | By law thePhilippines has no death penalty for anything.[11] But thePhilippine drug war that was enacted under presidentRodrigo Duterte has led to thousands ofextrajudicial executions against suspected drug users and traffickers. |
 Saudi Arabia * | High | Saudi Arabia ranks third in the world for the most executions. 43 percent of those executed in 2015 had been convicted of smuggling drugs, ranging from heroin to marijuana.[15] "Since May [2024], Saudi Arabia has executed 28 people on drug-related charges, according to an AFP tally based on official statements, up from just two in all of 2023."[22] |
 Singapore * | High | SeeMisuse of Drugs Act (Singapore). |
 South Korea * | Symbolic | Drug trafficking can result in a death penalty; however, South Korea has not had an execution for such offenses since 1997.[9][10] |
 South Sudan | Symbolic | [6][23] |
 Sri Lanka * | Low | |
 Sudan | Symbolic | |
 Syria | Insufficient data | |
 Taiwan * | Symbolic | Legal penalty under Narcotics Hazard Prevention Act, though rarely enforced in recent years. Last execution for drug trafficking offense is on October 7, 2002, although there exist those on death row.[1] |
 Thailand * | Low | |
 United Arab Emirates * | Low | |
 United States * | Symbolic | Very large quantities or mixtures (e.g. on an industrial scale) of heroin, cocaine, ecgonine, phencyclidine (PCP), lysergic acid diethylamide (LSD), marijuana, or methamphetamine may result in the death penalty in the United States. So far, no prisoner has been put on death row for this reason.[24][25][26][27] While theUnited States Supreme Court inKennedy v. Louisiana (2008) struck down capital punishment for crimes that do not result in the death of a victim, it has left open the possibility for "offenses against the State" – including crimes such as "drug kingpin activity" (also, treason and espionage).[28][29] From a March 2018 article: "This week, U.S. Attorney General Jeff Sessions sent a memo to the nation’s federal prosecutors urging them to seek the death penalty in cases involving large-scale drug traffickers. The memo points to an existing but little-known federal law that already allows for such a punishment. Sessions’ memo talks largely about opioids, but federal law contains no such drug-specific limitation on prosecutors’ power."[30] |
 Vietnam * | High | |
 Yemen * | Insufficient data | Harm Reduction International reports: "imposition of one death sentence for drug use and trafficking of amphetamines and cannabis resin in June 2022. This is the first drug-related death sentence noted by a reputable source in 11 years".[2][31] |
{{cite web}}: CS1 maint: bot: original URL status unknown (link)Archived . October 10, 2015 was 13th World Day.No administration, Republican or Democrat, has acted on that statutory authority.
| Making this discussion somewhat easier is the fact that in a recent case totally unrelated to drug trafficking (the case itself addressed the constitutionality of imposing the death penalty for rape of a child where no death occurs),Kennedy v. Louisiana, the U.S. Supreme Court conducted a detailed analysis of the distinction between crimes that do and do not take a human life and the relationship of each type of crime to the death penalty. Within this analysis, in a non-binding portion of the Court’s opinion (dictum), the Court drew an analytical line separating “offenses against the individual” from “offenses against the State.” In its holding, the Kennedy Court stated that, at least within the category of “offenses against the individual,” the death penalty is unconstitutional for crimes that do not take a human life, because the punishment of death is “excessive” and “disproportionate” to the crime, pursuant to the Eighth Amendment’s prohibition on “cruel and unusual punishment.” With respect to the other category, however –“offenses against the State” – including crimes such as drug trafficking (and treason and espionage), even when they do not result in a death, the Court left open the possibility that the death penalty might not be unconstitutionally “excessive” punishment. |
Methods of execution:
Resources for references: