12 Apr 2022
All UAE nationals, residents, and visitors to the United Arab Emirates must be aware of the zero-tolerance for drugs in the country. The UAE has enacted strict policies and laws at the federal and local levels to combat drugs and drug trafficking.
The Federal Number 14 of 1995 on the control of narcotic drugs and psychotropic substances commonly referred to as the ‘Narcotics Law’ prohibits the procurement, import, export, transport, buying, selling, storing, manufacture, extraction, separation, production, acquisition, possession, and abuse of narcotic drugs and psychotropic substances and also all other acts and activities related within.
The narcotics law classifies drugs into two classes. They are:
- “Narcotic drugs” means any natural or artificial substances mentioned in Schedules 1,2,3, and 4 annexed to this Law. These include substances like cannabis, heroin, cocaine, methadone, nicomorphine, opium, etc. and
- “Psychotropic substances” means any natural or artificial substances mentioned in Schedules 5,6,7, and 8 annexed to this Law. These include substances such as butalbital, barbital, aminorex, ethinamate, etc.
In the UAE, under Articles 24 and 27 of the Narcotics Law, medical abuse of any narcotic drugs or psychotropic substances are reduced and the law clearly states that:
- A pharmacy might not dispense any narcotic or psychotropic substances except against a medical prescription from a consulting medical practitioner licensed to practice the profession of medicine or veterinary medicine within the UAE,
- The manager of a pharmacy should keep the medical prescription and should specify the date of the dispensation of the medical drugs or psychotropic substances along with the number of entries in the register.
- And also, employing a medical prescription over once is prohibited.
Article 11 of this Law states the parties who may grant a permit of authorization. They are:
- Government authorities and commissioned establishments
- Government or licensed hospitals, dispensaries, and sanatoriums
- Licensed chemical analyses or industrial, medical, and scientific research laboratories
- Licensed pharmacies and pharmaceutical warehouses, medical factories, provided that they employ licensed pharmacists to practice the profession
- Offices of intermediaries and licensed agents of medicinal, pharmaceutical factories and companies, licensed to practice the profession, provided that they employ licensed pharmacists to practice the profession.
Penalties
According to Article 39, if anyone who has abused in any way whatsoever, or used personally, any narcotic drugs or psychotropic substances specified in Schedules 1,2,4, and 5 annexed to this Law, in any circumstances other than authorized, shall be imprisoned with not less than four years, and in addition, the court may impose a fine of not less than ten thousand dirhams.
According to Article 40, if anyone who has abused in any way whatsoever, or used personally, any narcotic drugs or psychotropic substances specified in Schedules 3,6,7, and 8 annexed to this Law, in any circumstances other than authorized, shall be imprisoned for a term not less than one year and not exceeding three years. In addition to imprisonment, the court may also impose a fine of not less than ten thousand dirhams.
According to Article 41, a penalty of imprisonment up to one year shall be imposed on any person who has abused or used in any way whatsoever, any narcotic drugs, psychotropic substances, or plants which is not specified in the schedules to the law, if such substances cause unconsciousness or any other adverse impact to the mind. And in addition, the court may also impose a fine of not less than ten thousand dirhams.
According to Article 42 of the Narcotics Law, the court may, except in the case of recidivism, instead of imposing penalties on the offender, may also order any of the following:
- To confine the offender to an addiction treatment center
- Confinement of an offender to a rehabilitation center
- Impose a fine of not exceeding ten thousand dirhams
- Impose on the offender a measure of community service.
Article 58 of the Narcotics Law states that anyone convicted for an offense more than once may be sentenced by the court and, in addition to the sentence, one of the subsequent measures may be taken:
- Restriction of the domicile to a specified place
- Prohibition of dwelling in a specified place
- Responsibility to reside in the home country
- Prohibits from visiting certain places or areas
- Deprivation of the right to practice a specified profession or occupation
The period of sentence will not exceed five years and will not be less than one year. And if the convict violates the court measure will be further imprisoned for a period of not less than three months, but not more than one year.
Exemption Cases
Article 55 of the narcotics Law states that any wrongdoer who informs the judicial or administrative authorities of any information regarding a criminal offense and such before the perpetration thereof the attorney can help the defendant to be exempted from certain criminal offenses specified in Article 46, 48, 49, and 50 of this law.
In such circumstances, the court may exempt the wrongdoer from penalization or reduce the penalization, though the notification occurs after the delegation of the crime and before starting the investigation into the crime. Moreover, the court could remit the sanction ought to the offender to facilitate the capture of the offenders of the crime throughout the investigation or trial. Fotislaw can provide dedicated approaches after analyzing the facts and evidence of each case carefully.