In order to safeguard people, businesses, and society at large, the UAE has long-standing regulations restricting the use, manufacturing, and distribution of narcotics and psychotropic drugs. Violators of these laws are subject to legal action. To enhance this commitment, the most recent decree number 30 of 2021 introduces significant new revisions to the Federal legislation number 14 of 1994 on narcotic and psychotropic substances. It also adds provisions and advisory bodies to promote treatment, monitor, and regulate.
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The Revised Substances Schedules within the amendments more precisely define and refine the description of narcotics and psychotropic substances as either natural or synthetic, and they reaffirm that their acquisition, manufacture, import, export, manufacture, extraction, separation, production, possession, acquisition, and abuse, as well as other types of activities, are prohibited unless done for scientific or medical reasons in accordance with the guidelines of article 40.
On the basis of a proposal by the Minister of Health and approval by the Committee described in article 3 of this Law, the Council of Ministers has the competence to provide allowances for restricted medical applications, administration, and scientific research.
The decree also creates specialised units to function as rehabilitation and treatment facilities with binding confidentiality guidelines to guarantee the secrecy of all stored information, and it is illegal to reveal any private information.
In accordance with the compliance, approval, and percentage increase standards in Schedule 9, Increased Medical Checks under Article 34 only permit specialist physicians’ medical prescriptions and percentage increases when the medical treatment thus necessitates.
Increased Judicial Discretion allows courts to substitute therapy for punishment in cases involving persons, subject to rules regulating repeat offenders. These specialist units are being developed by the Ministry of Health and Prevention with personnel who have received the necessary training in dealing with drug addictions for the treatment of addiction and shall include rehabilitation sections.
- The Penalties connected with the modifications to the new decree include both jail time and fines. The minimum punishment is three months in jail or a fine of AED 20,000 to AED 100,000. (ref : Article 34).
Repeat offenders
Repeat offenders face harsher punishments that range from 30,000 to 100,000 AED in fines or at least 6 months in jail. Similarly, for third-time offenders, the minimum sentence increases to 2 years in jail or a fine of AED 100,000. (Ref: Article 41).
Cause or incite an offence
The punishment has increased from AED 20,000 to a minimum of 5 years in jail and a minimum fine of AED 50,000 for individuals who cause or incite an offence (ref: Article 48)
Punishment for harming someone
The punishment for harming someone has increased from AED 20,000 to a minimum of 7 years in jail and a fine of AED 100,000. Serious harm has a minimum sentence of 10 years in jail and a minimum fine of 200,000 AED, up from 20,000 AED. The court may inflict a death sentence or life imprisonment if the offence ends in the victim’s demise (ref: Article 49).
Punishment for facilitating the sale of narcotics
The punishment for facilitating the sale of narcotics has increased from AED 20,000 for abuse of narcotic drugs or psychotropic substances covered by Schedules 1, 2, 4 and 5 of this Law to AED 100,000 in jail time and a fine. If a specific narcotic substance or psychotropic medication listed in Schedules 3, 6, 7 or 8 of this Law is involved, the punishment has increased from AED 20,000 to AED 100,000, with a minimum sentence of 7 years in jail and a minimum fine of AED 100,000. Repeat offenders now face a greater punishment of life in prison and a fine of at least AED 100,000 instead of just AED 20,000. (ref: Article 53).
