Punishment for Drug Use in UAE for Expatriates

Is there Punishment for Drug Use in UAE for Expatriates, this article will provide all the details on the topic.. Continue reading with us to everything about it

Punishment for Drug Use in UAE for Expatriates

The Punishment for Drug Use in UAE for Expatriates is the punishment stipulated for consumption as outlined in the UAE Anti-Drug Law, issued by Federal Decree-Law No. 30 of 2021.

Article 41 of this law penalizes anyone proven to have consumed narcotic substances with imprisonment for a period of not less than three months, or a fine of no less than AED 20,000 and not exceeding AED 100,000.

However, Article 42 from the law exempts expatriates from the punishment prescribed in Article 57 of this decree. If such an expatriate or resident is caught in an irregular manner while entering the UAE, through any of the land, sea, or air ports, and is found in possession of narcotics intended for consumption or personal use in non-medically licensed circumstances, they shall be fined no less than AED 5,000 and not exceeding AED 1,000,000.

Turning to Article 57 of the UAE Anti-Drug Law, we find that this article imposes the death penalty on anyone who commits a drug-related offense with the intent of trafficking or promoting, or if the offender belongs to a hostile group or organized gang working for its benefit.

Thus, an expatriate proven to have committed a drug-related crime with the intent of trafficking or promoting, or if they belong to a hostile group or an organized gang, will be subject to the death penalty as stipulated for them.

Supplementary and Additional Penalties for Expatriate Drug Users

When exploring the supplementary and additional penalties outlined in the UAE Anti-Drug Law concerning expatriates, we find that Article 75 specifies the deportation of a foreign national convicted of a crime stipulated in the UAE Anti-Drug Law. The court issues a judgment with the primary punishment prescribed, in addition to the supplementary penalty of deportation.

However, Article 75 makes an exception for the case of drug consumption by an expatriate, granting the court the right to issue a verdict without ordering deportation.

Yet, it then allows the Public Prosecution, based on its assessment of what it deems to be in the public interest, to order the deportation of a foreign national proven to have used drugs if the court does not sentence them to deportation. However, the Public Prosecution must issue its deportation decision within three months from the date of the final judgment in the drug consumption case.

Furthermore, Article 79 of the Anti-Drug Law subjects anyone sentenced for a drug consumption offense to periodic examinations during the execution of the punishment. This is to monitor their condition concerning their drug use.

Amnesty and Treatment for Expatriate Drug Users

Conversely, Article 89 of the Anti-Drug Law stipulates that no criminal proceedings shall be initiated against a person who uses these substances if they, their spouse, a relative up to the second degree, or their guardian voluntarily approach the Public Prosecution, a medical unit, or the police before being apprehended or before an arrest warrant is issued, requesting their admission for treatment at a drug rehabilitation unit. The individual will be placed in the unit until it decides on their release.

Furthermore, Article 92 of the law grants the Attorney General the authority to refer individuals involved in consumption or personal use offenses to a treatment facility. No criminal proceedings will be initiated against those who successfully complete the treatment program, provided that the duration of treatment and rehabilitation does not exceed one year.

Is Drug Use Considered a Criminal Record?

According to Article 93 of the Anti-Drug Law, drug consumption and personal use offenses are not considered a criminal record requiring rehabilitation when committed for the first time by citizens. This article also emphasizes that suspended sentences are not permissible if the offense is committed for the third time or more.

This indicates that the legal provision specifically pertains to citizens in terms of not considering the first-time drug use offense as a criminal record. Consequently, expatriates will have a record, which could lead to their deportation from the country.

Applicable Laws on Drug Use in the UAE

The United Arab Emirates issued Federal Law No. 14 in 1995, marking the first anti-drug law in the country.

This law has been amended several times to align with the evolution of legislation and judiciary in the UAE, as well as the changing tactics of drug crime perpetrators.

However, amidst recent legislative amendments, the UAE introduced Federal Decree-Law No. 30 of 2021, enacting the new UAE Anti-Drug Law.

This law encompasses 100 legal articles that clarify the crimes related to narcotic substances and psychotropic substances, the licensing procedures for the import, export, transit, and use of narcotic and psychotropic substances for industrial and medical needs.

It then outlines all the crimes committed in relation to narcotic substances, imposing suitable primary and supplementary penalties, in addition to precautionary measures and procedures.

Furthermore, the law distinguishes drug use from other crimes, considering the addict or user as a patient rather than a criminal, emphasizing the importance of referring them to a specialized unit for treatment and rehabilitation.

Frequently Asked Questions  (FAQ)

When is the drug consumption penalty intensified?

The penalty for drug consumption is intensified if the offense is committed for the second or third time, or if incitement to use or facilitation of use occurs in public gathering places, such as educational institutions and their service facilities, cultural or sports institutions, places of worship, or penal institutions. Additionally, committing a drug consumption crime by expatriates is considered an aggravating circumstance.

Is using drugs for medicinal purposes considered a crime?

Using drugs for medicinal purposes is not considered a crime if dispensed and used by pharmacies based on a medical prescription from a doctor licensed to practice human or veterinary medicine, according to the controls specified in the decisions and regulations issued by the UAE Ministry of Health.

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Sources:

• Federal Law No. 14 of 1995 concerning the fight against narcotics, a law that has been repealed.
• Federal Decree-Law No. 30 of 2021 on the control of narcotic drugs and psychotropic substances in the UAE.

Mohamed Diab

Senior Legal Consultant with extensive experience in providing specialized legal advice in various fields within the United Arab Emirates. He specializes in commercial, criminal and personal status law cases, and works on representing individuals and companies in complex cases and legal disputes.