Introduction
Drug-related offenses continue to present significant challenges globally. In response, the United Arab Emirates (UAE) is committed to maintaining the safety and security of its nation and its residents through the implementation of the Emirati Anti-Drug Law. This law aims to deter drug-related crimes by enforcing stringent laws and severe penalties, maintaining a zero-tolerance policy towards any actions that compromise the integrity and stability of the country.
This article aims to inform the public about the stringent stance of the UAE government as articulated in Cabinet Resolution No. (43) of 2024. This resolution targets non-resident foreigners who are apprehended with narcotics or psychotropic substances at any UAE entry point—land, sea, or air. It imposes severe legal consequences for those found possessing these substances for consumption or personal use, excluding medically authorized cases.
This legislative action underscores the UAE’s committed efforts to combat drug trafficking and uphold national security.
Historic Overview
In recent years, while many European Union countries have progressively moved toward more lenient policies concerning the possession of certain narcotic substances, opting to reduce or even abolish prison sentences, the United Arab Emirates (UAE) continues to enforce stringent regulations against such offenses. According to Federal Law No. 14 of 1995 concerning the combat of narcotic substances and psychotropic substances, along with its subsequent amendments, a detailed classification is provided for various substances. These substances are categorized under specific tables, distinguishing between natural and synthetic narcotics and psychotropics.
In the UAE, Federal Law No. 14 of 1995 and its amendments clearly criminalize the possession, use, or personal consumption of narcotics and psychotropic substances unless prescribed for medical treatment by a duly licensed physician. This law details a rigorous regulatory framework that includes a comprehensive list of controlled substances, categorized under specific tables distinguishing between natural and synthetic compounds. According to Article 34 of this law, the use of such substances is strictly prohibited for personal consumption unless medically warranted and under the guidance and prescription of a treating physician. This approach underscores the UAE’s commitment to public health and safety, serving as a robust deterrent aimed at preventing the non-medical use of these substances and combating drug-related offenses within the nation.
New Legal Framework
The recent amendments to the legislation specifically target non-resident foreigners who are apprehended entering the United Arab Emirates via land, sea, or air with narcotics or psychotropic substances intended for consumption or personal use, outside the bounds of medically authorized conditions.
Several pivotal laws we used to derive to Cabinet Resolution No. (43) of 2024:
- Federal Law No. (1) of 1972 on the competencies of ministries and powers of ministers, as amended, establishes the foundational legal authority and responsibilities governing drug control measures.
- Federal Decree-Law No. (29) of 2021 on the entry and residence of foreigners, which outlines the conditions under which non-residents may enter and stay in the UAE.
- Federal Decree-Law No. (30) of 2021 on combating narcotic drugs and psychotropic substances, specifically targeting the illegal possession and distribution of controlled substances.
- Federal Decree-Law No. (38) of 2022 issuing the Penal Procedure Law, as amended, provides the procedural framework for prosecuting drug-related offenses.
The following delineation outlines the stringent penalties imposed under these circumstances:
- First Offense: A mandatory fine ranging from 5,000 to 20,000 dirhams. The individual may not re-enter the country until the fine is fully paid.
- Second Offense: A fine between 10,000 and 30,000 dirhams, coupled with deportation and a three-year ban on re-entry, starting the day after deportation. Re-entry is contingent upon the full payment of the fine and the expiration of the ban period.
- Third Offense: A fine from 50,000 to 100,000 dirhams, immediate deportation, and permanent inclusion on the entry ban list.
- Special Clause for Schedule 4 Substances: Possession of substances listed in Schedule 4 incurs a fine between 50,000 and 100,000 dirhams, deportation, and permanent inclusion on the entry ban list.
- Enforcement Measures: The Public Prosecution is tasked with ensuring that individuals subject to entry bans are listed in the Unified Criminal System and on the administrative list of the Federal Authority for Identity, Citizenship, Customs and Ports Security, in accordance with the specified ban periods.
Conclusion
The amendments under Cabinet Resolution No. (43) of 2024 serve as a critical component of the UAE’s legal framework, emphasizing the nation’s determination to protect its society through rigorous control measures and a robust legal system. By delineating severe penalties for non-residents found in possession of prohibited substances at ports of entry, the resolution enforces a clear and uncompromising stance on drug control. This approach not only protects the general populace, but also signals to both residents and visitors the essential standards of compliance expected within the UAE. Through these stringent policies, the UAE reaffirms its commitment to preserving public order and ensuring the safety and well-being of its communities against the risks associated with illicit drugs.
