Penalties in the UAE for Narcotic Drugs and Psychotropic Substances Crimes

Federal Decree Law No. 30 of 2021 on Combating Narcotic Drugs and Psychotropic Substances in the UAE defines narcotic substances. This article attempts to clarify the original penalties for all crimes related to narcotic substances or psychotropic substances, in accordance with Federal Law No. 30 of 2021 AD.

The Law on Combating Narcotic Drugs and Psychotropic Substances in the UAE defines narcotic substances as every natural or synthetic substance listed in Tables Nos. 1, 2, 3, and 4 attached to this law.  

Table No. 1 “134 ” includes narcotic substances such as acetorphine, acetyl fentanyl, acetylmethadol and others, including their isombrates, esters and ethers,and also includes derivatives, metabolites and salts of these substances, and salts of their isombrates, esters and ethers . 

Table No. 2 includes “10 ” of narcotic substances: acetyl dihydrocodeine, codeine, dextropropoxyphene, including its isombrates, esters, and ethers, as well as derivatives, metabolites, and salts of these substances, and its isombrates, esters, and ethers . 

Table No. 3 includes “8” narcotic preparations such as propiram preparations and cocaine preparations . 

Finally, Table No. 4, with its three sections, the first section includes 11 natural narcotic substances such as kava, kratom, and salvia, the second section includes 15 plants that are prohibited from being grown and possessed, while the third section includes the parts and types of excluded plants, such as the fibers of hemp stems and poppy seeds . 

As for psychotropic substances, the law defines them as every natural or synthetic substance listed in Tables Nos. 5, 6, 7, and 8 attached to the law . 

Table No. 5 includes ” 35 “of the mentally affecting substances such as amphetamine and dexamphetamine. 

Table No. 6 includes “18 “of the mentally affecting substances such as amineptine, dronabinol, methaqualone. 

Table No. 7 includes ” 9 ” of the mentally affecting substances such as amabarbital, buprofen, butylbital. 

Table No. 8 includes “85 ” of the mentally affecting substances such as alubarbital, alpuprofen, butylbital, alprazolam, and aminorex, and this also includes the sombres of the sub-mentioned substances, their derivatives, metabolites, salts, and preparations . 

Table of Contents

Original penalties  

Article 67 of the Crimes and Penal Code No. 31 of 2021 AD stipulates that the original penalties are : 

Punishments for retaliation and blood money . 

Execution . 

Life imprisonment . 

Temporary imprisonment . 

Imprisonment. 

Reservation. 

Fine . 

If the legal conditions for applying the penalty of retaliation or blood money are not met, the court shall impose the penalties stipulated in the Crimes and Penal Code or other penal laws, as the case may be . 

We will clarify the original penalties for all crimes related to narcotic substances or psychotropic substances, in accordance with Federal Law No. 30 of 2021 AD regarding combating narcotic substances and psychotropic substances in the UAE . 

This blog is a part of UAE Mainland Litigation Services.

Punishment for using narcotic substances and psychotropic substances listed in Tables 1, 2, 4, 5 

Article 41 specifies the penalty for anyone who uses, in any way or uses personally in circumstances other than those authorized, or takes in doses exceeding what is specified in the medical prescription, any of the narcotic substances and psychotropic substances stipulated in Tables No. 1, except for Clause 29 thereof ” Indian cannabis and extracts And cannabis tinctures ”, Table No. 2, Table No. 5 ، Likewise, anyone who, in any way or personally uses, in other than authorized circumstances, one of the plants listed in Table No. 4, except for Clause 8 of its second section, ” hemp with all its names, such as hashish, marijuana, violin, banjo, or other names given to it ” ، This shall be imprisonment for a period of not less than three months or a fine of not less than twenty thousand dirhams and not more than one hundred thousand dirhams . 

If the offender commits any of these acts for the second time within a period not exceeding three years from the date of committing the act for the first time, the penalty shall be imprisonment for a period of not less than six months or a fine of not less than thirty thousand dirhams and not more than one hundred thousand dirhams . 

If he commits it for the third time or more, the penalty shall be imprisonment for a period of not less than two years and a fine of not less than one hundred thousand dirhams . 

While Article 42 specifies the penalty for abuse or personal use, in cases other than those authorized, of cannabis, cannabis extracts and dyes, or any cannabis plant with all its names, such as hashish, marijuana, violin, banjo, or other names given to it, which are the substances excluded by Article 41. The aforementioned ، The penalty was imprisonment for a period of not less than three months or a fine of not less than ten thousand dirhams and not more than one hundred thousand dirhams . 

If the offender commits any of these acts for the second time within a period not exceeding three years from the date of committing the act for the first time, the penalty shall be imprisonment for a period of not less than six months or a fine of not less than twenty thousand dirhams and not more than one hundred thousand dirhams . 

If he commits it for the third time or more, the penalty shall be imprisonment for a period of not less than six months or a fine of not less than fifty thousand dirhams and not more than two hundred thousand dirhams . 

Punishment for using narcotic substances and psychotropic substances listed in Tables 3, 6, 7, 8 

Imprisonment for a period of not less than three months or a fine of not less than twenty thousand dirhams and not more than one hundred thousand dirhams as a penalty for anyone who takes in any way or uses personally in circumstances other than those authorized or takes doses greater than what is specified in the medical prescription, any substance from Narcotic substances or psychotropic substances stipulated in Tables Nos. 3, 6, 7, 8 . 

 If the offender commits any of these acts for the second time within a period not exceeding three years from the date of committing the act for the first time, the penalty shall be imprisonment for a period of not less than six months or a fine of not less than thirty thousand dirhams and not more than one hundred thousand dirhams . 

 If he commits it for the third time or more, the penalty shall be imprisonment for a period of not less than one year and a fine of not less than one hundred thousand dirhams . 

Punishment for the crime of using narcotic substances or psychotropic substances not included in the tables attached to the law : 

The law criminalizes abuse in any way, personal use, possession or possession – with the intention of abuse – any substance or plant other than narcotic substances or psychotropic substances stipulated in the tables attached to the law, which would cause anesthesia or any other harmful effect on the mind if the abuse or Personal use with the intention of causing anesthesia or harming the mind . 

Article 44 specifies the penalty for this crime as imprisonment for a period not exceeding six months or a fine of not less than twenty thousand dirhams and not exceeding one hundred thousand dirhams. 

 If the perpetrator commits this crime for the second time within a period not exceeding three years, the penalty shall be imprisonment for a period not exceeding one year or a fine of not less than thirty thousand dirhams and not exceeding one hundred thousand dirhams . 

 If he commits it for the third time or more, the penalty shall be imprisonment for a period of not less than one year and not more than two years and a fine of not less than two hundred thousand dirhams. 

The law also permitted the court – in cases other than recidivism –, instead of imposing imprisonment penalties and a fine for the crime of abuse and personal use of narcotic substances and psychotropic substances, it permitted it to replace the penalty by placing the convict in one of the addiction treatment and rehabilitation units, after taking the opinion of the committee supervising it, Provided that the committee submits to the court a report on his condition within six months or whenever requested to do so. 

It is not permissible to place in the unit anyone who has previously been ordered to be placed there in implementation of a previous ruling or who has not left it for more than three years . 

As for the convict’s release from the unit, Article 46 allows the court, after taking the opinion of the Public Prosecution, to order the convict’s release from the unit in the following two cases : 

If the report shows that his health condition allows this . 

Upon his request after the approval of the supervising committee . 

In all cases, the period of placement for treatment or rehabilitation may not exceed one year . 

If it becomes clear that the deposit is futile, or the depositor violates the duties imposed on him, or commits any of the crimes stipulated in the Law on Combating Narcotic Drugs and Psychotropic Substances during his deposit, the supervising committee shall submit the matter to the Public Prosecution with a detailed report on the depositor’s condition, and the Prosecution must present the papers to the court that ruled By depositing it . 

In this case, the court may rule, after hearing the statements of the Public Prosecution, the penalty prescribed by law for the crime for which the subject was placed, provided that the period of placement is deducted from the period of the sentence imposed . 

Depositing or transferring funds with the intention of committing any crimes of abuse or personal use 

Anyone who deposits or transfers funds personally or through a third party or before transferring them to him with the intention of committing any of the crimes of abuse or personal use of narcotic substances or psychotropic substances, shall be punished, in accordance with Article 64, with imprisonment or a fine of not less than fifty thousand dirhams, with Without prejudice to any more severe penalty stipulated by any other law . 

–, in accordance with Article 65 –, shall also punish with imprisonment and a fine of not less than one hundred thousand dirhams anyone who possesses, conceals, or performs any transaction of funds, as long as there is sufficient evidence or evidence that it occurred as a result of committing any of the crimes stipulated in the Law on Combating Narcotic Drugs and Psychotropic Substances . 

Promoting the commission of drug crimes through any goods or publications 

What is meant by this crime is the manufacture, import, import, sale or possession with the intention of promoting a commodity or publications bearing images, drawings, writings or ideas that call for or incite the commission of any of the crimes of narcotic substances or psychotropic substances stipulated in the law, and the penalty for this crime is – in accordance with Article 55 of Law – is a fine of not less than fifty thousand dirhams . 

Anyone who wears any clothing or uses any commodity or publication mentioned above shall be punished with a fine of not less than five thousand dirhams . 

In the event of recidivism, the penalty shall be imprisonment for a period not exceeding two years, and in all cases the seized items shall be confiscated  

Advocating or inciting drug use 

The law criminalizes the act of anyone who personally abuses or uses –, in cases other than those authorized –, any narcotic substances or psychotropic substances listed in the tables attached to the law, or any substances or plants other than narcotic substances or psychotropic substances stipulated in the tables attached to the law. It may cause anesthesia or any other harmful effect on the mind if the use or personal use is with the intention of causing anesthesia or harming the mind ، Or possess or acquire it with the intention of dealing . 

Law – in Article No. 48 – also criminalizes anyone who invites or incites a person to commit any of the aforementioned crimes of abuse or personal use, or facilitates this for him in any way ، It is considered an aggravating circumstance for the crime of advocacy, incitement, or facilitation to occur in places of public gatherings, in educational institutions or their service facilities, in a cultural or sports institution, in places of worship, penal institutions, or places of detention and pretrial detention, or for it to occur against a female, child, mentally ill patient, or A person who is apparently drunk or drugged . 

If the perpetrator commits the crime of calling for, inciting, or facilitating the use of drugs, with the intention of causing harm to the person who committed the crime before him, and this results in causing injury or illness to him, the perpetrator shall be punished with imprisonment for a period of not less than seven years and a fine of not less than one hundred thousand dirhams ، The penalty shall be increased to imprisonment for a period of not less than ten years and a fine of not less than two hundred thousand dirhams if the injury or illness results in serious harm. The penalty shall be life imprisonment or death if the crime results in the death of the victim  

Punishment for inserting a drug into someone else’s food or drink 

Anyone who inserts any of the narcotic substances or psychotropic substances stipulated in any of the tables attached to the law into a drink or food for others, or makes him take them without knowing their reality, shall be punished in accordance with Article 50 of the law with imprisonment for a period not exceeding five years and a fine of not less than About twenty thousand dirhams . 

The penalty shall be imprisonment for a period of not less than ten years if this crime is committed with the intention of committing a crime against the victim or making him addicted to those narcotic substances or psychotropic substances, and if that result is achieved, this is considered an aggravating circumstance . 

The penalty shall be life imprisonment or death if these acts result in the death of the victim  

Coercion of others to use drugs 

This crime is stipulated in Article 51 of the law, which specifies imprisonment for a period of no less than ten years as a punishment for anyone who forces others to use narcotic substances or psychotropic substances, and the penalty shall be life imprisonment or death if the act of coercion results in the death of the victim . 

Transferring drugs or psychotropic substances into the possession or possession of others without their knowledge : 

The law punishes with imprisonment anyone who intentionally transfers narcotic substances or psychotropic substances stipulated in the tables attached to the law into the possession or possession of others without his knowledge of their reality, according to Article 52 thereof . 

Crime of preparing or managing places for drug use 

The law criminalizes the act of anyone who manages, prepares, or prepares a place for the use of narcotic substances or psychotropic substances, but distinguishes in punishment according to the type of this narcotic substance or psychotropic substance ، While anyone who manages, prepares, or prepares a place to use any of the narcotic substances or psychotropic substances stipulated in Tables Nos. 1, 2, 4, 5, attached to the law, shall be punished with imprisonment for a period of not less than ten years and a fine of not less than one hundred thousand dirhams ، Anyone who manages, prepares, or prepares a place for the use of any narcotic substance or psychotropic substance stipulated in Tables Nos. 3, 6, 7, 8 attached to the law shall be punished with imprisonment for a period of not less than seven years and a fine of not less than one hundred thousand dirhams ، Or any narcotic substance or psychotropic substance that is usually used for treatment and which may not be dispensed except based on a medical prescription from a doctor licensed to practice the profession in the country, as well as any substance or plant other than narcotic substances or psychotropic substances stipulated in the aforementioned tables, It may cause anesthesia or any other harmful effect on the mind if the use is with the intention of causing anesthesia or harming the mind . 

The penalty shall be life imprisonment and a fine of not less than one hundred thousand dirhams in the event of recidivism in committing any of the aforementioned crimes . 

As for whoever is caught in any place designated for the use of narcotic substances and psychotropic substances, and he knows about them, he shall be punished, in accordance with Article 54 of Law –, with imprisonment for a period of not less than six months and not more than one year, and a fine of not less than ten thousand dirhams and not More than twenty thousand dirhams, but this provision does not apply to the spouse, ascendants, or descendants of the person who managed, prepared, or prepared the place . 

Penalty for importing, exporting, transporting, manufacturing, bringing, producing, possessing or possessing narcotic substances or psychotropic substances in Tables ” 1, 2, 4, 5 : 

Article No. 10 of the law stipulates that the import, export, transport, production, manufacture, import, possession or possession of any of the narcotic substances or psychotropic substances shown in Tables Nos. ” 1, 2, 4/Section One, 5″ attached to the law and all other aspects of activity and actions related to it. In the event of violating this provision, the offender shall be punished with the penalties stipulated in Table No. 10 attached to the law ، The penalty for the offender is determined according to the weight of the narcotic substance or psychotropic substance that is the subject of the crime, which is life imprisonment and a fine of not less than five hundred thousand dirhams if the weight of the substance is more than 100 grams, while the penalty is imprisonment for a period of not less than ten years and a fine of not less than One hundred thousand dirhams if the weight is from 20 to 100 grams ، However, if the weight of the substance is less than 20 grams, the offender shall be punished with imprisonment and a fine of not less than one hundred thousand dirhams, and if the crime is committed with the intention of abuse or personal use, the offender shall be punished, as the case may be, in accordance with the provisions of Articles 41 and 42 of the law, which specify the penalty for abuse or Personal use of narcotic substances and psychotropic substances, which we discussed at the heart of this research . 

The penalty shall be death if the crime is committed with the intention of trafficking or promoting, or if the perpetrator belongs to a hostile group or organized gang or works for its benefit . 

Penalty for importing, exporting, transporting, manufacturing, bringing, producing, possessing or possessing narcotic substances or psychotropic substances in Tables 3, 6, 7, 8 

The law prohibits, in its Article No. 11, the import, export, transport, production, manufacture, import, possession or possession of any narcotic substance or psychotropic substance shown in Tables Nos. ” 3, 6, 7, 8 ” attached to the law and all other aspects of activity and actions related to it. Except in authorized cases and under the conditions stipulated in the law. 

In the event of a violation of this provision, the offender shall be punished in accordance with Article 58 of Law – with the penalties stipulated in Table No. 10 attached to this Decree Law, where the penalty is determined based on the weight of the narcotic substance or psychotropic substance that is the subject of the crime, which is life imprisonment and a fine of not less than Two hundred thousand dirhams if the weight of the substance is more than 1000 grams ، While the penalty shall be imprisonment for a period of not less than seven years and not more than ten and a fine of not less than two hundred thousand dirhams if the weight is from 150 to 1000 grams, but if the weight of the substance is less than 150 grams, the offender shall be punished with imprisonment for a period of not less than two years and a fine. Not less than one hundred thousand dirhams, so if the crime is committed with the intention of abuse or personal use, the offender shall be punished, as the case may be ، In accordance with the provisions of Article 43 of the law, which punishes with imprisonment for a period of not less than three months or a fine of not less than twenty thousand dirhams and not more than one hundred thousand dirhams anyone who takes in any way or uses personally in circumstances other than those authorized or takes doses more than What is specified in the medical prescription is any narcotic substance or psychotropic substance stipulated in Tables Nos. 3, 6, 7, 8 . 

The penalty – in the event of a violation of Article 11 – is death or life imprisonment if the crime is committed with the intention of trafficking or promotion or if the perpetrator belongs to a hostile group or an organized gang or works for its benefit . 

Prohibition of cultivation, importation, export, ownership and possession of narcotic plants 

Article 14 of the law prohibits the cultivation, importation, importation, export, ownership, possession and possession of the plants mentioned in Table No. 4, Section Two, or any other plant that produces narcotic substances or psychotropic substances, at all stages of their growth as well as their seeds, and it also prohibits all aspects of activity and actions related to them. In cases other than those authorized in accordance with the provisions of the law . 

In the event of violating this provision, the perpetrator shall be punished with the penalties stipulated in Table No. 10 attached to the law, which determines the penalty based on the number of plants that have been planted, which are life imprisonment and a fine of not less than five hundred thousand dirhams if the number of plants planted is more than 15 plants, while The penalty shall be imprisonment for a period of not less than ten years and a fine of not less than one hundred thousand dirhams ، If it is between 5 and 15 plants, but if the number is less than 5 plants, the offender shall be punished with imprisonment and a fine of not less than one hundred thousand dirhams, and if the crime is committed with the intention of abuse or personal use, the offender shall be punished, as the case may be, in accordance with the provisions of Articles 41 and 42 of the law. The law stipulates that the penalty for abuse or personal use of narcotic substances and psychotropic substances, which we discussed at the heart of this research . 

The penalty shall be death if the crime is committed with the intention of trafficking or promoting, or if the perpetrator belongs to a hostile group or an organized gang or works for its benefit  

Refrain from informing the authorities of the cultivation of narcotic plants 

The law requires the landowner to inform the public authority of the plants grown on that land listed in Table No. 4, Section Two, as soon as he learns of this. If he refuses to report, he shall be punished by imprisonment for a period not exceeding one year and a fine of not less than fifty thousand dirhams and not exceeding two hundred thousand dirhams, or one of these two penalties . 

Possession of unlisted substances or plants for the purpose of trafficking or promotion 

Here we discuss possession of substances or plants other than narcotic substances or psychotropic substances stipulated in the tables attached to the law for the purpose of trafficking or promotion. 

The law, in its Article No. 56, punishes with imprisonment anyone who possesses or possesses – in circumstances other than those authorized in accordance with the provisions of the law – for the purpose of trafficking or promoting any substance or plant other than narcotic substances or psychotropic substances stipulated in the tables attached to the law, which would cause anesthesia or Any other harmful effect on the mind ، If the crime is committed by someone who was licensed to possess or possess these materials and violates the authorized purpose, this is considered an aggravating circumstance . 

Not to use a pharmacist who is responsible for narcotic substances and psychotropic substances 

The law allows specific entities to possess and trade in narcotic substances and psychotropic substances, for therapeutic medical purposes and scientific research, after obtaining a license to do so from the competent authority, and Law –, in its Article No. 25 –, stipulates that the entity licensed to trade in narcotic substances or psychotropic substances must To have a pharmacist responsible for these materials ، In the event of violating this condition, the penalty shall be imprisonment for a period not exceeding one year and a fine of not less than fifty thousand dirhams and not exceeding two hundred thousand dirhams, or one of these two penalties . 

Violating the purpose of the license to possess narcotic and psychotropic substances

Article 59 of the law stipulates that anyone who is licensed to possess and possess one of the articles mentioned in the tables attached to the law and violates the authorized purpose shall be punished with imprisonment for a period of not less than five years and a fine of not less than one hundred thousand dirhams . 

If the crime is committed for the purpose of trafficking or promotion, the penalty shall be life imprisonment and a fine of not less than one hundred thousand dirhams and not more than two hundred thousand dirhams, and in the case of recidivism, the penalty shall be death . 

Transporting narcotic substances or psychotropic substances inside insured packages 

According to Article 21 of the law, it is not permissible to import, export, or transport any narcotic substances or psychotropic substances inside packages containing other substances, and they must be sent, even if they are as a sample, inside insured packages, and the name and quantity of the substance and the name of the sender must be shown on their packaging, in addition to the name and address of the addressee ، Anyone who violates this provision shall be punished with a fine of not less than fifty thousand dirhams and not more than two hundred thousand dirhams . 

Dispensing prescriptions 

The law permits the pharmacy to dispense narcotic drugs or psychotropic substances according to license cards issued by the competent administrative authority to the following persons : 

Doctors licensed to practice human or veterinary medicine . 

Hospital pharmacists, dispensaries and sanatoriums . 

Doctors of hospitals, dispensaries and sanatoriums designated by these authorities if they do not have pharmacists The pharmacy may not dispense any narcotic substances or psychotropic substances except with a medical prescription from a treating physician licensed to practice the profession of human or veterinary medicine in the country and who fulfills the conditions stipulated in the aforementioned Federal Law No. 8 of 2019 or any other law that replaces it . 

The pharmacy is also prohibited from dispensing these substances if the percentage recorded in the prescription exceeds the percentages shown in Table No. 9 attached to this decree law. It is also prohibited to repeatedly dispense prescriptions for narcotic substances . 

Table No. 9 specifies the maximum quantities of substances harmful to the mind that doctors may not exceed in one prescription, which is, for example, 0.60 mg for opium, 0.06 mg for morphine and all its salts, and 0.02 mg for acetylmorphine . 

The law requires the pharmacy director to send to the competent administrative authority, within the first fifteen days of the months of January and July of each year, a registered letter containing a detailed statement signed by him of the imports, expenses, and remaining narcotic substances and psychotropic substances until the end of the previous six months. 

Finally, the pharmacy manager must store narcotic drugs and psychotropic substances inside a tightly closed cabinet in the pharmacy, and these substances must be in his custody . 

In the event of a violation of any of these aforementioned provisions, the penalty shall be imprisonment for a period not exceeding one year and a fine of not less than fifty thousand dirhams and not exceeding two hundred thousand dirhams, or one of these two penalties, and if the offender intends to commit another of the crimes stipulated In the law or concealing it, he shall be punished with the most severe penalty for the crime . 

Increasing the percentages of weight differences over the percentages stipulated in the pharmacopoeia 

Article 13 of the law stipulates that in all cases in which possession or possession of narcotic substances or psychotropic substances is authorized, the percentages of weight differences may not exceed the percentages stipulated in the prescribed pharmacopoeia, and in the event of violation of this provision, the perpetrator of the act shall be punished with imprisonment for a period not exceeding one year and a fine of not less than fifty thousand dirhams and not more than two hundred thousand dirhams, or one of these two penalties . 

Commitment to the electronic record 

The director of the entity licensed to trade in narcotic substances or psychotropic substances must adhere to the electronic register approved by the competent administrative authority to record what is received and what is disbursed from it on an ongoing basis and on the same day, as violating this provision exposes him to a fine penalty of not less than fifty thousand dirhams and not more than Two hundred thousand dirhams . 

Prescription retention 

Article 37 requires the pharmacy director to keep prescriptions containing narcotic substances and psychotropic substances, indicating the date of dispensing and their registration number in the register, and the penalty for violating this provision is a fine of not less than fifty thousand dirhams and not more than two hundred thousand dirhams.

Failure to Return the License After Leaving Business or Changing Activity

If the license holder for trafficking in narcotic drugs and psychotropic substances changes the subject of his industrial or commercial activity or leaves the business for which the license was granted, he must inform the competent administrative authority within a maximum of fifteen days from the occurrence of the change or leaving work, and in the event of leaving work he must return the License. In the event of violating this provision, he shall be punished with a fine of not less than fifty thousand dirhams and not more than two hundred thousand dirhams . 

Infringement on a law enforcement employee 

According to Article 61 of the law, anyone who assaults or resists an employee responsible for implementing the Law on Combating Narcotic Drugs and Psychotropic Substances while performing his job or because of it shall be punished with imprisonment for a period of not less than five years and a fine of not less than one hundred thousand dirhams . 

If the assault or resistance results in a beating or injury, the penalty shall be imprisonment for a period of not less than seven years and a fine of not less than two hundred thousand dirhams . 

The penalty shall be life imprisonment or imprisonment for a period of not less than ten years and a fine of not less than one hundred thousand dirhams and not more than two hundred thousand dirhams if the beating or wound results in a permanent disability that is impossible to cure, or if the perpetrator at the time of committing the crime was carrying a weapon or a man of authority charged with Maintaining security . 

If beating or wounding leads to death, the penalty shall be death . 

Article 62 also affirms that the death penalty is the penalty for anyone who kills the mayor of one of the public employees responsible for implementing this decree law while performing his job or because of it . 

Refrain from giving the examination sample to ensure that it contains narcotic substances or psychotropic substances 

The law punishes anyone against whom permission has been issued by the Public Prosecution to take the necessary examination sample to prove whether or not it contains narcotic substances or psychotropic substances and who unjustifiably refuses to give it, in accordance with Article 63. 

Exemption from punishment 

In accordance with Article 69 of the law, the penalty prescribed for the crimes set forth in Articles 53 regarding determining the penalty for anyone who manages, prepares, or prepares a place for the use of any narcotic substance or psychotropic substance is exempted from the penalties stipulated in Articles 53 regarding determining the penalty for anyone who violates the ruling prohibiting the import of any substance from Narcotic substances or psychotropic substances shown in Tables Nos. ” 1, 2, 4/Section One, 5 ” attached to the law; Or export, transport, produce, manufacture, bulk, possess or acquire all other aspects of activity and actions related to it, as well as the ruling prohibiting the cultivation, import, export, ownership, possession and acquisition of the plants mentioned in Table No. 4, Section Two; Or any other plant that produces narcotic substances or Psychotropic substances, in all stages of its growth as well as its seeds, and all other aspects of activity and actions related to it are prohibited.  (58) Related to the prohibition of importing, exporting, transporting, producing, manufacturing, bringing, possessing or obtaining any of the narcotic substances or psychotropic substances shown in Tables Nos. ” 3, 6, 7, 8 ” attached to the law and all other aspects of activity and actions related to them. Except in authorized cases and under the conditions stipulated in the law . 

Any perpetrator who takes the initiative to inform the judicial or administrative authorities of what he knows about them before starting to commit the crime is exempted, and the court may exempt from the penalty if the notification occurs after committing the crime and before starting the investigation, and the court may also reduce the penalty if the perpetrator facilitates the competent authorities in During the investigation or trial, one of the perpetrators of the crime is arrested . 

On the other hand, Article 66 affirms that attempting to commit the misdemeanors stipulated in the law shall be punished by half the penalty prescribed for the completed crime . 

While Article 68 affirms that the imposition of the penalties in the UAE set forth in the law does not prejudice the right of the concerned parties to blood money or compensation in accordance with the provisions of the law . 

Consequential and supplementary penalties in the UAE

Article 74 of the Crimes and Penal Code defines accessory punishment as : 

Deprivation of certain rights and benefits . 

Police surveillance . 

Removal from public office . 

These penalties apply to the convict by force of law without the need to stipulate them in the ruling . 

Ruling on the confiscation of narcotic drugs and psychotropic substances 

In its Article No. 70, the law stipulates the confiscation of narcotic substances, psychotropic substances, and plants that produce narcotic substances or psychotropic substances that are the subject of one of the crimes punishable under the Narcotic Drugs and Psychotropic Substances Control Law . 

 It also orders the confiscation of devices, tools, machines, objects, money, seized materials, and means of transportation that were used in committing the crime, without prejudice to the rights of bona fide third parties . 

Ruling to close the place prepared for the use of narcotic substances or psychotropic substances : 

Every place prepared for the use of narcotic substances or psychotropic substances or for engaging in any activity related to them shall be ordered to be closed in cases other than those authorized in accordance with the provisions of the law, and the closure ruling shall be permissible otherwise . 

In all cases, the Public Prosecution may issue a decision to open the place if it is prepared for a legitimate purpose . . 

The court may order the publication of a summary of the ruling by appropriate means and at the expense of the convict . 

Not being licensed to drive motor vehicles 

Article 72 of the law stipulates that a ruling on the crime of using narcotic drugs or psychotropic substances more than once shall result in the convict not being licensed to drive motor vehicles or canceling the license if it is issued . 

This effect ends one year from the date of completion of the execution of the sentence imposed . 

Place the criminal under police surveillance 

Whoever is sentenced to life or temporary imprisonment for one of the crimes stipulated in the law shall be placed under police surveillance after the expiry of his sentence in accordance with the rules determined by the Minister of the Interior for a period equal to the duration of the sentence, provided that it does not exceed five years, in accordance with Article 73 of the law, which nevertheless The court may, in its ruling, reduce the period of probation, order the convict to be exempted from it, or reduce its restrictions . 

The convict who violates the conditions of supervision shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding five thousand dirhams, or by one of these two penalties in the UAE . 

Prohibition of depositing or transferring funds 

Anyone who has been convicted of any of the crimes punishable in accordance with the provisions of the law is prohibited, in accordance with Article 74 of the law, from transferring or depositing any funds to others, personally or through others, except based on permission issued by the Central Bank of the Emirates in coordination with the Ministry of Interior, and this prohibition continues for a period Two years after the end of the sentence . 

Deportation of the foreigners 

According to Article 75 of the law, the court shall order the deportation of the foreigner who has been convicted of one of the crimes stipulated in the Law on Combating Narcotic Drugs and Psychotropic Substances, and the ruling to deport the foreigner shall be permissible if he is convicted of one of the crimes of abuse, personal use, possession, or possession with the intention of abuse . 

Precautionary measures and procedures 

Article 76 of the law states that anyone who has previously been sentenced more than once for one of the crimes stipulated in the law may be sentenced by the court, in addition to the prescribed penalty, to one of the following measures : 

Determine accommodation in a specific place . 

Preventing residence in a specific place . 

Commitment to reside in the home country . 

Prohibiting people from going to certain places or shops . 

Deprivation from practicing a specific profession or craft . 

Obligation to undergo a rehabilitation program upon conviction for a crime of abuse or personal use . 

–, according to Article 77 –, anyone who violates the provisions of any of these measures shall be punished by imprisonment for a period of not less than three months and not more than one year, and the duration of the measure imposed may not be less than one year and not more than five years . 

Subject to periodic examination of the convict 

Article 79 of the law indicates that the convict or person placed by court order for the crime of using narcotic substances or psychotropic substances, or the crime of refraining from giving an examination sample without justification, is subject to periodic examination during the execution of the sentence or during the deposit period, and the subjection to periodic examination continues for a period not exceeding Two years after the execution of the penalty or the end of the deposit period . 

The aforementioned measure applies to the user against whom a criminal order has been issued, or against whom a criminal case has not been filed, or who has been referred to the unit by order of the Public Prosecutor for a period of two years from the date of the criminal order or departure from the unit . 

The Public Prosecutor may subject the convict to one of the crimes punishable in Articles 57 and 58 related to determining the penalty for importing, exporting, transporting, producing, manufacturing, or bulk of any narcotic substance or psychotropic substance, or possessing or obtaining it, and all other aspects of activity and actions related to it . Subjecting him to periodic examination after the end of the sentence for a period not exceeding one year, if necessary based on the report of the investigating authority or the head of the competent prosecution . 

 The Minister of Interior shall issue a decision specifying the rules and procedures for periodic examination, travel ban controls, and electronic police monitoring rules during the examination period and the categories excluded from them . 

Anyone who violates the rules and procedures for periodic examination issued by a decision of the Minister of Interior shall be punished by imprisonment for a period of not less than one year . 

Uprooting plants prohibited from being grown 

According to Article 80 of Law –, competent judicial officers uproot any plant prohibited from being grown in accordance with the provisions of the law and collect its leaves, roots and parts at the expense of the perpetrator of the crime, under the supervision of a member of the Public Prosecution who prepares a report on the procedures that have been taken . 

Execution of narcotics and psychotropic substances sentenced to confiscation 

Narcotic drugs and psychotropic substances sentenced to confiscation shall be destroyed by a committee formed by a decision of the Public Prosecutor headed by a member of the Public Prosecution, provided that a report is drawn up regarding the procedures that have been taken and approved by the Chairman of the Committee . 

The Public Prosecutor may authorize the delivery of those materials scheduled to be confiscated to any government agency for use in scientific, medical, or other purposes . 

During the hearing of the case and upon a request from the Public Prosecution, the competent court may decide to execute the narcotic drugs and psychotropic substances that are the subject of the crime, provided that an appropriate sample of each of them is kept until a final ruling is issued in the case . 

Rules and procedures determined by the Attorney General 

The Public Prosecutor shall determine, by a decision issued by him in agreement with the Public Representatives in the local judicial authority, the rules and procedures related to the following : 

Preserving, destroying and disposing of plants, narcotic substances and psychotropic substances in coordination with the Ministry of Health and Community Protection and the Ministry of Climate Change and Environment . 

Seizing seized narcotic substances or psychotropic substances that are the subject of a crime punishable under the law . 

Preventing the accused from traveling; freezing their funds 

If there is sufficient evidence that one of the crimes stipulated in the law was committed for the purpose of trafficking or promotion, the Public Prosecutor or his authorized representative may temporarily order the accused to be prevented from traveling or to freeze his money or the money of his spouse or minor children obtained from the crime and prevent him from disposing of or managing it until Completion of the investigation . 

Decisions to freeze funds and prevent them from being disposed of in financial institutions shall only be implemented through the Central Bank . 

The court may order the freezing of funds or a ban on disposal, management, or travel until the trial is completed . 

Anyone against whom a decision to freeze or prevent action, management, or travel has been issued may file a grievance against it before the competent court, and if his grievance is rejected, it is not permissible to file a new grievance except after three months have passed from the date of rejection of the grievance, unless a serious reason arises before the expiry of that period. 

The grievance shall be submitted in a report to the competent court, and the president of the court must set a session to consider it in which he shall notify the complainant and every interested party, and the Public Prosecution must submit a memorandum of its opinion on the grievance, and the court shall decide on the grievance within a period not exceeding fourteen days from the date of the report, and the court shall issue its decision By canceling the decision issued by the Public Prosecutor, amending it, or rejecting the grievance . 

The right of judicial officers to use weapons 

Article 85 affirms that judicial police officers have the right to use force or weapons in order to implement the provisions of the Law on Combating Narcotic Drugs and Psychotropic Substances, provided that this is necessary and proportionate to the purpose of use  

Disclaimer

The opinions expressed in this blog are those of the respective authors. ATB Legal does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that ATB Legal does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend verifying information from official sources and consulting with professional advisors to ensure its accuracy and relevance to your specific circumstances.

About ATB Legal

ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats.

Please feel free to reach out to us at office@atblegal.com for a non-obligatory initial consultation.

by Reda Farahat Karawan

Reda has more than 15 years of legal practice to his credit, and has been practicing law in the UAE for about 10 years, focusing on Arabic language litigations.

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