All citizens, residents and tourists to the United Arab Emirates must be aware of the non-tolerance for drugs in the region. The UAE has a strict drug policy and laws in place which enforce ‘zero tolerance’ for drugs. The Federal Law no. 14 of 1995 on the countermeasures against narcotic drugs and psychotropic substances (‘Narcotics Law’) criminalizes the procurement, import, export, manufacture, extraction, separation, production, possession, acquisition and abuse of narcotic drugs and psychotropic substances, as well as all the other types of activities and acts in connection therewith (Article 7).
The narcotics law categorizes drugs into two categories of:
What does drug trafficking involve?
Trafficking in drugs involves instances of production or distribution of drugs. This could involve the acts of manufacturing, purchasing, selling or delivery of narcotic or psychotropic substances that are banned in the UAE. This constitutes an even more dangerous crime than personal possession of drugs.
Charges for trafficking and promoting narcotics:
Cyber laws and Drug trafficking:
Pursuant to the cyber laws a punishment of temporary imprisonment and a fine not less than Dhs500,000 and not in excess of Dhs1 million or either of these two penalties can be imposed on a person who manages or runs a website or publishes information on the computer network or any information technology means for trafficking in or promoting narcotics or psychotropic substances and the like or the manner for their use or facilitates such dealing in instances other than those permitted by the law. (Article 36, Federal Decree-Law No. 5 of 2012 on ‘Combating Cyber Crimes’)
UAE is one of the few nations in the world that can impose even a death penalty for drug abuse. For expats or visitors breach of the drugs law would mean permanent deportation from the UAE along with higher penalties that can be imposed. All in all, UAE means its zero-tolerance law for drug abuse, and there is strict adherence to the same in the region. Mere ignorance of this Law is not considered an excuse.
The UAE has issued federal decree number 30 of 2021 (issued on 16 Sep 2021,“ New Decree”) which institutes key new amendments to the Federal law number 14 of 1994 on narcotic and psychotropic drugs. The procurement, import, export, manufacture, extraction, separation, production, possession, acquisition and abuse of ‘narcotic drugs’ and ‘psychotropic substances’ indicated in Schedules to the law is prohibited. The UAE practices zero tolerance in matters of drugs abuse, thereby , the penalty imposed on any person facilitates the sale of narcotic drugs or psychotropic substances provided for in Schedules 1, 2, 4 and 5, annexed to this Law shall be imprisonment for a period a period not less than ten years and a fine of not less one hundred thousand (earlier twenty thousand dirhams). The penalty shall be increased to be life imprisonment and a fine of not less than one hundred thousand (earlier twenty thousand dirhams) in the event of repeated offense (Article 5)
The new decree revises the schedules listing the ‘ Narcotics substances’ to refer to any substance whether natural or synthetic and as listed under schedules 1,2,and 3 attached to the decree (previously there were four schedules 1,2,3 and 4 listing narcotics substances) and the ‘Psychotropic substances’ to refer to any substance whether natural or synthetic and as listed under schedules 5,6,7 and 8 attached to the decree. (ref: Article 1).
Reference: Federal decree number 30 of 2021 amending the Federal law number 14 of 1994 on narcotic and psychotropic drugs.
Issue Date: 16 Sep 2021
To read more on the” What you should know about the new drugs law in the UAE?” , please follow this link: https://www.professionallawyer.me/legal-articles/criminal-law/what-you-should-know-about-the-new-drugs-law-in-the-uae
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