Drug Trafficking refers to the act of illegally transporting narcotics and psychotropics substances that are either banned, or whose use is strictly regulated, from one country to another. Drug trafficking often involves the concealment of the substances in various manners, to enable to the transportation without arousing suspicion. The UAE has issued stringent laws regarding drugs. These laws are covered under Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances (“Law”).
UAE Drug Law
The law contains detailed provisions regarding various drugs. It has classified the drugs into different categories, based on which the drugs may be completely banned, or allowed to be used under authorization. Accordingly, the drugs that are completely banned cannot be imported, exported, produced, manufactured, brought in to the country, acquired or even held in one’s possession. Similarly, drugs that can be sold or used under authorization must be grown, imported, exported, produced, manufactured, brought in to the country, strictly as per the directions issued by law.
Violation of these provisions can lead to penalties including fines and imprisonment. A death penalty may be imposed if the crime is committed with the intent of trafficking or promotion.
Tracking of activities related to drugs
As per Article 98 of the Law, the Ministry of Health and Community Protection and the Ministry of Interior, through an electronic system, track and monitor the processes of production, manufacture, import, export, transport, storage, supply, distribution, trafficking or dealing in any form whatsoever in narcotics and psychotropic substances listed in the Schedules attached to Federal Decree-Law No. 30/2021 or any other substance that would cause sedation or any other mental harm. The documents, forms, warrants, and books stipulated in this Decree-Law may be electronic, in accordance with the legislation in force in the UAE, and in accordance with the electronic systems set by the government agencies concerned with implementing the provisions of this Decree-Law.
Dealing with drugs under specific authorization
Although certain drugs can be acquired, sold or transported under the authorization of the government of UAE, if the authorized person violates the purpose for which he is authorized, he may be sentenced to imprisonment for a minimum of five years and a fine of a minimum of AED 100,000. A penalty of life imprisonment and a fine between AED 100,000 and AED 200,000 may be imposed if the crime is committed with the intent of trafficking or promotion.
Actions that may be Taken During the Course of Investigation
According to Article 83 of the Law, if there is sufficient evidence that one of the crimes stipulated in the Law has been committed with the intention of trafficking or promoting, the public prosecutor or their representative may order the accused from travelling for a particular time period or may temporarily freeze the accused’s funds, including the funds of the accused’s wife or minor children, if the funds are suspected to have been obtained from the crime, in order to stop the accused from disposing or managing the funds during the course of the investigation process. Decisions to freeze funds and to prohibit disposal thereof in financial institutions are implemented only through the Central Bank. Additionally, the court may order the freezing of the funds or prohibiting its disposal or management and may also order a travel ban until the completion of the trial.
Judicial Warrant
As per Article 87, if a drug related crime is committed with the intent of trafficking, the judicial warrant issued by the public prosecution against such crime is valid in all emirates of the UAE.
Exclusive Jurisdiction of the Federal Courts
Under Article 88, of the Law, if any crime as mentioned under this law is committed with the intent of trafficking of drugs, then the federal courts of the union capital (Abu Dhabi) have exclusive jurisdiction to adjudicate the matter if the perpetrator belongs to a hostile group or organized gang or works for its benefit or if the perpetrator belongs to a hostile group or organized gang or works for its benefit.
Conclusion
Drug Trafficking is a serious offence in the UAE, and the country has a zero-tolerance policy towards it. Penalties against drug trafficking includes large fines, imprisonment and even the death penalty.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including drug-related allegations and the legal questions arising in narcotics matters. For readers researching a drug case lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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