On 1 December 2025, Sierra Leone quietly implemented what may be one of the world’s most punitive drug enforcement measures. Chief Justice Komba Kamanda issued a practice directive mandating that all drug cases be tried in High Court with no bail and a minimum 30-year prison sentence—even for first-time offenders.
The directive applies to anyone charged under Sections 7(a) to 7(c) of the National Drugs Control Act 2008, covering essentially all drug related crimes, no matter their severity. This means that in Sierra Leone, whether someone is involved in the manufacture, cultivation, importation, exportation, supply, or sale of prohibited drugs, the punishment will be the same.
While Sections 7(a) to 7(c) do not include drug possession offences (which hold a minimum sentence of five years under the National Drugs Control Act 2008), punishments for drug possession have also been severely increased.
“The directive prioritises punishment almost exclusively,” according to Aiah Nabieu Mokuwah, Executive Director of the Institute for Drug Control and Human Security (IDCHS), whose organisation is based in Sierra Leone. The directive, he says, leaves almost no room for “differentiated responses based on the nature of the offence or the offender.”
Reading the declaration, its most tangible quality is its intensity.
According to item 3 on the directive, “there shall be a speedy trial of all drugs and drug related matters,” and all drug cases shall proceed directly to the High Court with Saturday court sessions for expedited prosecutions.
Less than two months after implementation, the Judiciary announced that 20 people had already been convicted, with sentences ranging from 10 years (for those caught in possession of drugs) to 40 years (for one person “collecting” drugs – a crime equated to transporting or importing drugs). None received the option of a fine. There is no longer the option of judicial discretion, as the policy clearly instructs courts to impose the 30-year minimum “even where an accused person pleads guilty, with no mitigating circumstances to be considered.”
Emergency powers
This policy has been implemented in the midst of Sierra Leone’s ongoing struggles with kush —a new synthetic mixture composed of several substances which created a public health emergency that has likely killed thousands since 2022. The number of kush-related cases admitted for rehabilitation at the Sierra Leone Psychiatric Hospital between 2022 and 2023 rose 4,000%. In the light of the deaths and the strain on the health system, President Julius Maada Bio declared a national emergency in April 2024.
Mokuwah acknowledges that the directive reflects legitimate concerns. However, he argues that the mandatory sentencing provisions and near-total restriction on bail risks undermining “principles of proportionality, fairness, and individualized justice.”
There are also more practical concerns. In the short term, Mokuwah expects a sharp rise in people held in pre-trial detention and those imprisoned for long stretches inside already-overcrowded prisons. Over time, the measures may lead to a significant uptick in the numbers of “young and economically marginalised” people spending decades incarcerated, with significant costs to “human rights, but also for public finances, family stability, and community security.”
The pressure to act
In the midst of a crisis, there is “significant public pressure on state institutions to ‘do something decisive,'” Mokuwah notes. Thus, the new directive should be understood “as a response to a perceived emergency rather than as part of a long-term, evidence-based drug policy reform.”
As kush has become more of a visible problem, according to Mokuwah, public anxiety and media attention have intensified calls for tough action. Unfortunately, the criminal justice system has become the primary tool for response. As Mokuwah commented, this “risks placing an enormous burden on the courts and prisons to solve what is fundamentally also a public health and social challenge.”
Sierra Leone has only one psychiatric hospital serving the entire nation, with mental health facilities facing a 98% treatment gap. The country launched its first rehabilitation centre for drug users in February 2024, but capacity remains severely limited and unable to meet demand.
There is little evidence globally that harsh mandatory sentences alone reduce drug use or addiction, Mokuwah says. While strong action against trafficking networks matters, “a purely punitive approach often fails to address the root causes of drug use, such as poverty, trauma, unemployment, and lack of access to treatment.”
Excessive reliance on incarceration, he argues, can actually increase harm by breaking families and marginalising young people. Without parallel investment in prevention, treatment, and reintegration, “the directive is unlikely to significantly reduce drug demand or addiction-related harm.”
Probable cause
Though Sierra Leone’s new policy emphasises efficacy, it also manages to entirely ignore the underlying roots of the country’s problems. Kush, a drug rapidly rising in popularity across Africa, has become the drug at the centre of public and governmental discourse about the harms posed by unregulated drug use. Laboratory analysis commissioned by the Sierra Leone government and civil society groups shows that kush primarily consists of nitazenes — extremely potent synthetic opioids — and, in other batches, synthetic cannabinoids. The presence of either can contribute to both high levels of fatal overdoses or psychotic episodes, particularly if kush’s consumers are not aware of what they’re consuming.
Kush consumption is concentrated among young people facing 60% unemployment or underemployment. Research shows that supply chains for kush involve imports from China, the Netherlands, and the United Kingdom, alongside increasingly decentralized local production.
West Africa’s synthetic drug landscape is evolving rapidly, with enforcement actions against traditional pharmaceuticals (like tramadol) inadvertently accelerating the emergence of more dangerous synthetics like kush. Sierra Leone is not alone in acting aggressively. The Africa Union recently passed a new strategy aimed specifically at synthetic drugs, whilst Kenya updated its drugs policies to focus almost exclusively on prevention, without an eye for harm reduction.
Opening statement
In a public response to the directive, released on 29 January, the IDCHS outlined its formal position. While recognising the “grave threat” that illegal drugs pose to public health and community safety, the organisation expressed concern that the new policy “places overwhelming emphasis on punishment while giving insufficient consideration to prevention, treatment, and restorative approaches that are essential for long‑term social stability and public health.”
The statement called on the Judiciary and Government to review the directive with a view to restoring judicial discretion, differentiating between levels of drug offences, and expanding alternatives to incarceration. It recommended establishing diversion programmes, treatment-based sentencing, and community-based rehabilitation for people with drug use disorders. IDCHS also urged proportional and humane sentencing that aligns with constitutional standards and Sierra Leone’s regional and international human rights commitments.
“IDCHS firmly believes that justice, public safety, and community wellbeing are best served through a balanced, humane, and evidence-based approach,” the statement concluded, “one that combines firm action against serious criminal networks with compassion, rehabilitation, and social support for affected individuals and families.”
A fair trial
Sierra Leone faces a genuine public health emergency. But the response so far—mass incarceration with 30-year minimum sentences, no bail, and limited treatment options—mirrors past, failed and punitive approaches from the global drug war. As Mokuwah puts it, the directive “prioritises punishment”, leaving little room for sorely-needed rehabilitation.
The IDCHS advocates for a balanced approach: firm action against serious traffickers, but also proportional sentencing, judicial discretion, and investment in drug prevention and treatment. “Human security is best served when drug policy protects communities without sacrificing justice, dignity, and long-term social stability,” Mokuwah says.
