criminal law

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March 25, 2017

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What are the Penalties for Carrying and Possessing Marijuana in the UAE?

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The Federal Law No 14 of 1995 on combating narcotics and intoxicants has been repealed and replaced by the Federal Decree Law No 30 of 2021 on Combating Narcotics and Psychotropic Substances, issued on 16 September 2021 and came into force as of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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Comments

My friend and his friend were caught smoking weed in Sharjah and got arrested . In 2022 , what would be the charges or process that will they undergo and what are the penalties
Diana
2022-01-14
The UAE introduced New Drugs Law controlling matters related to the use and abuse of narcotics, and the relevant punishments for the breach of the narcotics law provisions. It is advisable to seek detailed legal advice from a legal consultant specializing in drugs laws. If you would like to schedule an appointment, please do not hesitate to contact us.

Look forward to hearing from you.   Dr. Hassan Elhais
Hi, my friends were arrested by the police in dubai. during a search of personal belongings in a bag of one guy, several hashish cigarettes were found. the second guy has very little cocaine. they use themselves. they named the name of the person they were buying from. what punishment awaits them for using please tell me
Abcdefjhijlkmnopqrstuvwxyz
2020-10-25
Whereas drug consumption, possession, and trading are different offenses and are dealt with strictly as per the UAE laws on banned substances, so that you receive qualified legal advice, it is best to contact a legal consultant adept at handling criminal matters. If you would like to schedule a meeting, please feel free to contact us.

Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
What if you smoke outside the country and coming back on Dubai airport
Drogba Lexus
2020-03-02
The Federal Law Number 8 of 2016 concerning the Combatting of Narcotics Substances (the Drugs Law), governs the possession and usage of narcotics drugs. Article 6 of the Drugs Law prohibits the import, export, manufacture, production, possession, procurement or abuse of a narcotic drug.

In a situation where you are being investigated for a drug-related offence, it is advisable that you contact a professional lawyer adept at handling drug-related matters.

Please feel free to contact us if you need to have a detailed consultation in regard to this matter.   Dr. Hassan Elhais
HI, my brother caught while buying marijuana with 7 Arabic guy and Arabic guys are out from jail now and my brother is still in jail and police already caught the main dealer who is Bangladesh.i want to know what process I have to start to send my brother home either I need to pay fine...
prakash
2020-02-26
In furtherance to your concern, it is pertinent to primarily ascertain the charges filed against your brother that can be either possession of drugs or drug trafficking. In any event, it is very important for him to have legal representation for trying to prevent imprisonment. In this regard, we advise you to visit our office for a consultation meeting with one of our legal consultants.

Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
Type your comment...my friend was sent to buy weed and was cauth by police,what will be his bail bond?
i.k
2019-09-22
We understand the matter. Please be informed that the UAE is committed to stamp out drugs and thus penalties can be severe and the possibility of bail is limited. However, depending on circumstances and upon reviewing the file and the relevant charges, we can advise on the feasibility of a bail application. Please feel free to contact us to arrange a comprehensive and effective defense in this sensitive situation.   Dr. Hassan Elhais

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