Question: My brother is a foreigner who has been arrested in the UAE for carrying a significant amount of marijuana into the country. What should I anticipate as punishment for his offence?
Answer: The import of marijuana inside the UAE may be subject to Article 6 of Federal Law No. 14/1995 on the Control of Narcotics and Psychotropic Substances (UAE Narcotics Law), which prohibits the import, among other activities such as use, manufacture, export and other related activities, of substances listed under schedule nos. 1, 2, 4, and 5. Schedule no. 4 of the UAE Narcotics Law prohibits such substances locally known as cannabis, marijuana or bango.
Article 39 of the aforesaid Law sanctions a person convicted for using marijuana, among other substances, listed under schedule nos. 1,2, 4, and 5 with imprisonment for two years at least and a fine amounting to ten thousand Dirhams at least. Since your brother entered the UAE with marijuana and the quantity of this substance on your brother was significant, he may be subject to the offence of importing the substance inside the UAE for trading purposes instead of personal use alone. Article 36 of the Law prohibits the import, export and use of plants under schedule no. 4 / Section 2. Marijuana is listed under Section 2 of the Schedule no. 4 and as such its import is prohibited and sanctioned under Article 48 of the Law with imprisonment for ten years at least and 15 years at most, and by a fine amounting to 50,000/- Dirhams at least and 200,000/- Dirhams at most. Moreover, if the aforesaid crime is for trafficking or promotion then such crime shall be punishable by the death penalty.
The court may commute the sentence to life imprisonment or reduce it partially based on the merits of each case. However, it is important to note that Article 63 of the Law provides mandatory deportation for an expatriate resident convicted of any offence under the UAE Narcotics Law.
UPDATE:
The Federal Law No 14 of 1995 on combating narcotics and intoxicants has been repealed and replaced by the Federal Decree Law No 30 of 2021 on Combating Narcotics and Psychotropic Substances, issued on 16 September 2021 and came into force as of 2 January 2022. The new law has introduced many changes to the previous law on combating narcotics, including giving courts the discretionary power to make orders related to the deportation of a foreigner under Article 75 of the new law
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