Punishment for Drug Trafficking in the UAE: Detailed Guide

Drug trafficking is one of the most dangerous social scourges, and the UAE law is stringent in addressing this crime. The law sets out various punishments depending on the type of drug-related crime, whether it be possession, trafficking, or usage, with provisions for mitigating these penalties under specific conditions. Continue reading this article to understand the crime of drug trafficking, its penalties, and factors for mitigation in the UAE. Learn more about the Punishment for Drug Trafficking in the UAE and how the legal system handles these serious offenses.

 Punishment for Drug Trafficking in the UAE

We will differentiate between the penalties for drug trafficking based on the method of the crime, primarily focusing on trafficking without possession and trafficking with possession or holding.

 1. Trafficking Drugs Without Possession

The law imposes a minimum fine of AED 50,000 on those convicted of drug trafficking, which includes manufacturing, importing, bringing, selling, or possessing any item with the intent to promote drugs.

What types of materials are covered under this penalty?

This penalty applies to any goods, publications, images, drawings, ideas, or writings that encourage the commission of any drug-related offenses or the use of psychotropic substances.

Does this penalty apply to buyers of these products?

The law stipulates a minimum fine of AED 5,000 for anyone who wears or uses items or publications promoting drugs as mentioned earlier, with penalties escalating to two years of imprisonment and confiscation of these items.

What is the penalty for inciting drug use?

The law specifies a particular penalty for those who incite drug possession, trafficking, or usage without a medical prescription or in amounts exceeding those permitted for patients. The punishment includes a minimum of five years of imprisonment and a fine of not less than AED 50,000. This penalty is harsher if the crime occurs in:

• Educational institutions
• Public places
• Cultural and sports institutions
• Places of worship
• Correctional institutions
• Places of detention or preventive custody
• If committed against a female, child, mentally ill person, or someone under the influence of alcohol or drugs.

Find Out the Full Fact: UAE Drug Law Changed and Deportation No Longer a Must

 2. Trafficking Drugs With Possession

The punishment for drug traffickers who possess or hold any narcotic substance or psychotropic plant with the intent to trade or promote is imprisonment.

Are there aggravated circumstances for the punishment for drug trafficking?

1. The penalty for drug trafficking is intensified in several cases, including:  If the drug trafficker is licensed to sell drugs for medical purposes, the punishment can reach five years of imprisonment and up to life imprisonment, along with a fine of no less than AED 100,000. Repeat offenders may face the death penalty.
2. The penalty also intensifies to life imprisonment or the death penalty if the trafficker is part of an organized gang or works for a hostile group.

Definition of Drug Trafficking from a Legal Perspective

In UAE law, drug trafficking is defined as all activities involving the distribution and dissemination of any narcotic substance, psychotropic plant, or material that causes intoxication or impairs the mind to an individual or group.

Narcotic Substances in UAE Law

According to UAE law, narcotic substances include any mind-altering materials from plants or pills in any form. The law categorizes these substances in schedules, listing drugs like heroin, opium, cocaine, and cannabis, among others.

Is promoting drugs for medical purposes considered a crime?

The law exempts the use of drugs based on a medical prescription from a licensed doctor practicing medicine according to scientific and medical standards and within the prescribed limits by the doctor, obtainable from licensed sale outlets and pharmacies.

Difference Between Possession and Trafficking of Drugs

Possession does not necessarily mean drug trafficking; it is the ownership, holding, or keeping any prohibited substance in residence or workplace without medical or legal authorization.

Mitigating Factors for the Punishment for Drug Trafficking in the UAE

While the law is strict on drug-related crimes, it provides mitigating factors and an opportunity for those who wish to stop and rid themselves of this destructive crime. The law outlines the following mitigating factors:

• Reducing the punishment if the offender facilitates the arrest of other perpetrators during the investigation or trial.
• Exemption from certain penalties if the offender informs the authorities of the crime before it is committed.

In specific circumstances, the court may exempt the punishment even if the crime is committed if the offender provides valuable information and in other special cases.

Legal Procedures Against Drug Traffickers in the UAE

If sufficient evidence of the crime exists, the Public Prosecutor has the right to:

1. Order the travel ban of the accused outside the UAE.
2. Order the Central Bank to freeze the accused’s funds and those of their spouse and minor children resulting from this crime.
3. Prevent the accused from managing or disposing of their assets until the investigation is completed.
4. Extend the judicial warrant issued by the Public Prosecution to all emirates if the offender belongs to an organized gang or commits the crime in several emirates.

Get More Information: Punishment for Drug Use in UAE for Expatriates 

When Do Federal Courts in the Capital Handle Drug-Related Crimes?

1. When committing the crime of drug trafficking or associated crimes that are inseparable.
2. When the offender belongs to an organized gang or hostile group or works for their interest.
3. When the offender commits these crimes in multiple emirates.

Advices for Drug Crime Offenders

• Immediately stop committing the crime.
• Consult a legal advisor directly to start legal procedures.
• Take advantage of mitigating circumstances and seek the court’s help.
• Quit using drugs if addicted and complete the rehabilitation period.
• Start a clean life and avoid returning to these crimes.
• Never return to these crimes again.

Conclusion

As seen in this article, the UAE law addresses drug crimes firmly while providing mitigating factors to help offenders return to a clean life. The law does not tolerate recidivism in crimes that destroy the lives of offenders, their surroundings, and the entire society. If you face any legal issues related to such cases or know someone who needs legal guidance, you can contact us via the WhatsApp button at the bottom of the screen.

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.