The UAE Narcotics Law Explained

Drug possession and personal use in the UAE are governed by Federal Decree-Law No. (30) of 2021 on Combating Narcotics and Psychotropic Substances, as amended (the “Narcotics Law“), in force since 2 January 2022. It prohibits possession, acquisition and consumption outside authorised medical use, classifies controlled substances across ten Schedules, and sets penalties running from a fine to the death penalty depending on how the conduct. This insight explores key provisions of the UAE Narcotics law.

What Counts as Possession or Personal Use

A person who holds, carries or stores a substance may be considered to have possession by default, whether or not they actually bought or own it. In practice, this means that substances found in a bag, vehicle or room under a person’s control can be attributed to them.

The prosecution must still establish knowledge of the nature of what is held, and Article 52 confirms that requirement by punishing the person who intentionally transfers a substance into another’s possession without that person’s knowledge.

The Statutory Prohibitions

The law works from ten Schedules annexed to it, which name every controlled substance individually. Schedules (1) to (4) list narcotic drugs and the plants that produce them, Schedules (5) to (8) list psychotropic substances, including many prescription medicines, and Schedule (9) sets the maximum quantities a prescription may cover. Four provisions then do the prohibiting:

• Article 10(1) prohibits possessing or acquiring the narcotic drugs and psychotropic substances in the principal Schedules;
• Article 11 prohibits the same for the remaining controlled substances, except where authorised;
• Article 14 prohibits growing, holding or acquiring the listed plants at any stage of growth, including their seeds; and
• Article 12 prohibits consumption itself, unless it is treatment under a prescription issued in accordance with Article 40.

Article 12 also reaches beyond the Schedules. Any substance capable of causing intoxication or harm to the mind is caught where it is taken with that intention, which is how substances that have never been scheduled still fall within the law.

The Penalties for Personal Use

The penalty for a first offence of personal use depends on which substance is involved:

• Cannabis, including its extracts and tinctures, and the cannabis plant (Article 42): at least three months’ imprisonment, or a fine of AED 10,000 to AED 100,000.
• The narcotic drugs and psychotropic substances in the principal Schedules, and the listed plants (Article 41): at least three months’ imprisonment, or a fine of AED 20,000 to AED 100,000.
• Controlled medicines taken without a prescription, or above the prescribed dose (Article 43): at least three months’ imprisonment, or a fine of AED 20,000 to AED 100,000.
• Anything else taken to cause intoxication or harm to the mind (Article 44): up to six months’ imprisonment, or a fine of AED 20,000 to AED 100,000.

On a first offence the court chooses between prison and a fine, so a fine alone is possible. On a third offence it has no choice: prison and a fine are imposed together, and under Article 93 the sentence cannot be suspended. An offence only counts as a repeat if it falls within three years of the last one.

How to Avoid Criminal Punishment

Under Article 89, a user or a relative up to the second degree may approach the treatment unit, the Public Prosecution or the police before an arrest order is issued and request admission, provided any substance held is handed over. Under Article 92, no criminal case is instituted against a person who completes a programme to which the Public Prosecutor has referred them, and under Article 45 the court may, absent recurrence, substitute placement in a unit for the penalty.

What Happens If You Refuse to Take the Drug Test

Refusing to give a sample is punished more heavily than using drugs. Under Article 63, where the Public Prosecution has authorised a sample and the person refuses without justification, the penalty is at least two years in prison and a fine of at least AED 100,000. A first offence of personal use can be dealt with by a fine alone.

Frequently Asked Questions

Is there a minimum amount of drugs that is legal in the UAE?

No. There is no permitted quantity for personal consumption, and trace amounts detected in the body can found a use charge under Articles 41 to 44 even where nothing is seized.

Can I bring prescribed medication containing a controlled substance into the UAE?

Only within the framework of Article 40, which requires a prescription from a licensed physician within the quantities in Schedule (9). Prescriptions issued abroad are governed by a separate Cabinet resolution setting the controls for bringing the medicine into the country. Approval should be obtained before departure, with the prescription carried alongside the medicine in its original packaging.

Will a first drug offence lead to deportation?

Yes, in almost all cases. The only exceptions are for the spouse or first-degree blood relative of a UAE national, and for a person whose deportation would seriously harm a family residing in the State that can fund his treatment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.