“NARCOTICS IS A DIRTY BUSINESS” Legal consequences of drug trafficking in the UAE

Drug trafficking refers to the international trade of drugs. It involves production, manufacture, packaging, transportation and regional distribution of drugs, sometimes carried out by organised criminal groups. The United Arab Emirates considers drug trafficking as a serious crime as it threatens public safety and morality. The country has issued strict legislations against drug trafficking and offenses can lead to lengthy imprisonment, ranging from years to life, deportation and/or substantial fines. Individuals facing drug-related charges should immediately consult experienced Dubai criminal lawyers to safeguard their legal rights.

What is the UAE Drug Law?

The Federal Law Decree No. 30 of 2021 on Combating Narcotics and Psychotropic Substances is the primary law in the UAE (“Law”) against drug trafficking. Additionally, the Cabinet Decision No. 43/2024 (“Cabinet Decision”) lays down laws regarding the treatment of a non-resident foreigner when caught at the Ports of the UAE with possession of narcotic drugs or psychotropic substances.

Prohibitions and Penalties for UAE Residents and Citizens

Article 10 of the Law prohibits the import, export, transportation, production, manufacture, possession or acquisition of certain drugs listed in Schedule 1, 2, 4(1) and 5. This includes both synthetic drugs such as Alfentanil, Cocaine Morphine etc., as well as certain naturally occurring substances such as kava, Khat leaves, ergot etc. It is however permissible to carry out authorized and controlled medical uses and scientific research on the substances mentioned under this article, with the knowledge of the specialized scientific authorities.

Article 10 of the Law absolutely prohibits the import, export, transportation, production, manufacture, possession or acquisition of certain drugs listed in Schedule 3, 6, 7 and 8 of the Law, except under strict authorization.

Article 14 of the law states that certain drugs (as listed under schedule 4(2)) can be grown, brought in, imported, exported, owned, possessed, and acquired under strict authorization, in accordance with this law. This article pertains to naturally growing narcotics substances, and includes cannabis, opium, peyote and any other plant that produces Narcotics or Psychotropic Substances, in all stages of their growth, as well as their seeds.

As per articles 57 and 58, violation of these laws can lead to hefty fines and imprisonment and the gravity of the penalties will be proportional to the quantity of drugs involved. However, if the offender is proven to have been involved in the trafficking or promotion of these drugs, or involved in an organised gang, they may be subject to the death penalty. The best lawyers in Dubai can provide strategic defense in cases involving drug trafficking, possession, or related offenses.

What are the consequences of an individual abusing their authority?

As per Article 59, if a person authorised to possess and acquire one of the substances mentioned in the Schedules, violates the purpose for which he is authorised, he will be sentenced to imprisonment for a period of at least five years and fined a minimum of AED 100,000. If the violation involves trafficking of drugs, they may be subject to the death penalty.

Travel Ban and Seizure of assets

To ensure that authorities are able to carry out investigations regarding the crime, they are authorized to impose travel bans on the individual and to freeze assets of the individual, or his family members, if the assets or funds are found to have been acquired through the crime. The court may order the freezing of the funds or prohibiting disposal or management thereof or travel ban until the completion of the trial.

In case of crimes related to drug trafficking, if the perpetrator belongs to an organised gang that has committed such crimes in more than one emirate of the country or the effects of such crime extended to more than one emirate, judicial warrants issued by the Public Prosecution will be valid in all emirates of the UAE.

Prohibitions and Penalties for Non-Residents of UAE

If a non-resident of the United Arab Emirates is caught at one of the country’s ports in possession of narcotic drugs or psychotropic substances, he will be subject to Cabinet Decision No. 43/2024. As per the law, possession of these banned substances for the purpose of personal use, without authorization, will lead to a fine, deportation or permanent debarment from the country. The severity of the penalties is dependent on the type of drug, the quantity of the drugs in possession and whether the offender has previously committed the same offense. The fines may be between AED 10,000 and AED 100,000. The offender will be added to the list of permanently banned individuals, until the payment of the fine. Choosing the best law firm in UAE ensures access to skilled advocates who understand the complexities of UAE narcotics law.

Conclusion

There has been a significant change in the way offenses related to drugs are treated in the United Arab Emirates. However, although penalties regarding possession of drugs for personal use have become less severe over the past few years, drug trafficking continues to be a major crime, involving severe penalties.

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