Drug laws in the United Arab Emirates (UAE) have always been very strict and the government have been very firm in enforcing, limiting and prohibiting the use of certain drugs. This is for good reason as certain drugs and pharmaceuticals can have negative effects on their users and cause more harm than good. The UAE is a Muslim country, therefore drug offences are severely punished by imprisonment and deportation after the jail term has been served.
Federal Law No. 14 of 1995 on the Countermeasures against Narcotic Drugs and Psychotropic Substances
contains numerous articles that discuss the penalties of using, selling or transporting drugs. Some of these articles are stated below:
• Article 7
• Except in the cases authorized and under the conditions provided for in this Section, the procurement, import, export, manufacture, extraction, separation, production, possession, acquisition and abuse of narcotic drugs and psychotropic substances indicated in Schedules 3, 5, 6, 7 and 8, as well as all the other types of activities and acts in connection therewith shall be prohibited.
• Article 6
• 1. The procurement, import, export, manufacture, extraction, separation, production, possession, acquisition and abuse of narcotic drugs listed in Schedules 1, 2 and 4, as well as all the other types of activities and acts in connection with such drugs, shall be prohibited.
• 2. Controlled medical applications of the said substances may be administered and scientific research thereon may be carried out, subject to the knowledge of a competent scientific authority. The establishment and organization of such authority, as well as the provisions concerning the exercise of its activity, shall be announced by virtue of a decision issued by the Council of Ministers on the basis of a submission by the Minister of Health and approval by the Committee defined in article 3 of this Law. Article 8 In all the cases in which the possession or acquisition of narcotic drugs or psychotropic substances is authorized, the proportions of differences in weight may not exceed those stated in established pharmacopoeias.
The lawmakers of the UAE have issued stricter punishments for those who traffic drugs than those who possess drugs for personal use in order to help protect and preserve society. The UAE government has established an Addiction Treatment Unit supervised by the Treatment Supervision Committee which will recognize and treat the person as a patient and not as an addict and will help him in rehabilitation
“The Federal Law Number 8 of 2016 concerning the Combatting of Narcotics Substances (the Drugs Law), governs the possession and usage of narcotics drugs. The law imposes penalties on that manufacture, sell, use, possess, and import-export prohibited drugs in the country. In accordance with Article 6 of the Drugs Law, the import, export, manufacture, production, possession, procurement or abuse of a narcotic drug mentioned in the law is strictly prohibited. However, in several cases, the law allows the user to have possession of narcotics or psychotropic substances, depending upon the weight which should not exceed a prescribed limit followed by a prescription.”
However, recently the UAE government have passed new laws that reduce the severity of penalties in the UAE. Attorney General Dr Hamad Saif Al Shamsi allows prosecutors to punish 13 further offences with a fine rather than a jail sentence. The list includes drug possession, public drunkenness and driving with a suspended licence.
A person caught with several drugs that would be classed for personal use would not have to be sent to jail. Someone caught with drugs would be fined between AED10,000 and AED30,000 if it was their first offence, rising to AED50,000 if it were their third. However, tough laws remain in place for drug smuggling, with a minimum sentence of five years and a maximum death sentence, if pursued by prosecutors.
Federal decree-law no. 30 of 2021 on combating narcotics and psychotropic substances, to be effective from January 2, 2022, brings vital amendments to Federal Law no. 14 of 1994. The new drug law replaces punishment with treatment for first-time offenders in drug-related cases. The law orders the establishment of specialized rehabilitation and treatment units across the country. Accordingly, the new decree-law gives the court the discretion to exchange drug abuse punishment with treatment in specialized units where first-time offenders can spend their term.
Article no. 75 of the decree-law no.30 of 2021 stipulates the optional deportation of expats in drug-related cases. Previously, deportation was mandatory against expatriates convicted of drug use and possession of drugs for personal use. Article 96 of the new law also provides that tourists and visitors carrying food items or products mixed with narcotics will not face legal action. The items will be confiscated and destroyed at the airports or any entry ports of the country.
Under the new decree-law, first-time drug offenders are either given a three-month prison term or a fine between Dh20,000- Dh100,000.In cases of repeated offences within three years of the first drug abuse, the offender will be jailed for six months or given a fine between Dh30,000-Dh100,000. However, a third-time offence brings a two-year prison term and a fine of at least Dh100,000.
Carrying food, drinks or any other products which contain marijuana, hashish or THC, usually found in cannabis, will no longer be a criminal offence. Instead, such items will be confiscated and destroyed. The new legislation came into effect on the 2nd of January 2022. The move forms part of the largest reforms to the legal system in the country’s history, announced by the President, His Highness Sheikh Khalifa on Saturday. More than 40 laws are included. Some are new, while others are updated versions of existing legislation.
These changes and updates in drug laws make sure that the use of drugs is still prohibited and reinforced while also understanding that drug use is a clinical, mental illness instead of purely just a crime, which is why first-time offenders are provided with therapy and treatment instead of jail time. This is all done to benefit the UAE’s society as a whole.
