Criminal Cases

What Are the Penalties for Drug Crimes in the UAE?

What Are the Penalties for Drug Crimes in the UAE?

Penalties for drug offenses in the UAE are graduated according to the nature of the act and the offender's intent: use, personal consumption and possession for the purpose of use are punishable by imprisonment or a fine, and may be replaced with committal for treatment and rehabilitation instead of punishment; inciting, instigating and facilitating (promotion) are punishable by imprisonment of no less than five years; while bringing in, importing, exporting and trafficking are punishable by imprisonment that may reach life, rising to the death penalty in aggravated forms such as recidivism or affiliation with a hostile group or gang. The law draws a clear distinction between possession for the purpose of use and possession for the purpose of trafficking, and differentiates in deportation between the foreign user and others. This framework was updated by Federal Decree-Law No. (14) of 2025, in force from 1 January 2026. Below is a statement of these offenses, their penalties, exemption cases and treatment.

What Are the Penalties for Drug Crimes in the UAE? Use, Possession, Promotion and Trafficking

30/2021
The primary law on combating narcotic and psychotropic substances
14/2025
The latest amendment, in force from 1 January 2026
Intent determines the penalty
Use · possession · promotion · trafficking

First: The legislative framework for drug offenses in the UAE

Drug offenses in the State are governed by Federal Decree-Law No. (30) of 2021 on combating narcotic and psychotropic substances, amended by Decree-Law No. (53) of 2022, then by Decree-Law No. (14) of 2025, in force from 1 January 2026.

The 2025 amendment replaced the term "the Ministry" with "the Foundation" (the Emirates Drug Establishment), and "the Minister of Health and Prevention" with "the Chairman of the Council," and amended the texts of articles relating to licensing, medical dealing, penalties, deportation, judicial authorization, jurisdiction and committal for treatment, while referring on medical dealing to Federal Decree-Law No. (38) of 2024.

Second: How does the law classify narcotic and psychotropic substances?

The law links the penalty to the substance's classification in the appended schedules; narcotic substances are listed in Schedules (1, 2, 3, 4), and psychotropic substances in Schedules (5, 6, 7, 8). The 2025 amendment provided that the Decree-Law does not apply to the parts and varieties of plants set out in the Third Part of Schedule (4).

Narcotic substances
Listed in Schedules (1, 2, 3, 4), including the plants that yield narcotic substances in Schedule (4).
Psychotropic substances
Listed in Schedules (5, 6, 7, 8).
Penalty Schedule (10)
An appended schedule setting the penalty by the type of substance and its weight or the number of plants in import and trafficking offenses.
  A core rule
Intent is what determines the path and penalty: possession or acquisition "for the purpose of use" is treated more leniently than possession "for the purpose of trafficking or promotion," and classification in the schedules is what determines the amount of the penalty.

Third: The offense of use and personal consumption and its penalty

The law criminalized use and personal consumption otherwise than in the licensed cases, distinguishing the penalty by the substance's classification, with escalation in the case of recidivism:

Penalties for use by article
Article (41): use or personal consumption of substances in Schedules (1, 2, 5) other than item (29) of Schedule (1), or plants of Schedule (4) other than item (8) of the Second Part — imprisonment of no less than three months, or a fine of no less than AED 20,000 and no more than AED 100,000.
Article (42): use of item (29) of Schedule (1) or the plant in item (8) of the Second Part of Schedule (4) — imprisonment of no less than three months, or a fine of no less than AED 10,000 and no more than AED 100,000, with escalation upon a second and third repeat.
Article (43): use of substances in Schedules (3, 6, 7, 8) — imprisonment of no less than three months, or a fine of no less than AED 20,000, with escalation upon recidivism.
Article (44): possession or acquisition for the purpose of use, or use of a plant capable of producing intoxication with intent to harm the mind — imprisonment of no more than six months, or a fine of no less than AED 20,000 and no more than AED 100,000, with escalation upon recidivism.

Recidivism in these offenses is reckoned within a period not exceeding three years from the date the act was first committed, and the penalty is intensified upon the second time, then the third or more, as set out in each article.

Fourth: Possession and acquisition — the difference between intent to use and intent to traffic

The law draws a decisive distinction between the two forms of possession according to intent, with a fundamentally different penal path:

Possession for the purpose of use
Subject to Articles (42), (43), (44) with a penalty of imprisonment or a fine, and committal for treatment instead of punishment is permitted.
Possession for the purpose of trafficking or promotion
Punishable by imprisonment under Article (56), which may rise to life, and reaches the death penalty in aggravated forms.

Article (59) also punishes by imprisonment of no less than five years a person licensed to possess a scheduled substance who breaches the licensed purpose; if it is for the purpose of trafficking or promotion, the penalty is life imprisonment and a fine, and the death penalty in the case of recidivism.

Fifth: The offense of promotion, incitement, instigation and facilitation

Under Article (48), a person is punished by imprisonment of no less than five years and a fine of no less than AED 50,000 for inviting or inciting another to commit any of the offenses set out in Articles (41), (42), (43), (44), or facilitating their commission in any way.

Aggravating circumstances in the promotion offense

It is an aggravating circumstance for the offense of invitation, incitement or facilitation to occur in places of public gathering, in educational institutions or their service facilities, in a cultural or sporting establishment, in places of worship, in penal institutions, in places of detention and pre-trial custody, or for it to be committed against a female, a child, a person mentally ill, or a person visibly intoxicated or under the influence of a drug.

Aggravation by intent to harm — Article (49)
If the offender commits any of the offenses of Article (48) with intent to cause harm to the victim and this results in injury or illness, the penalty is imprisonment of no less than seven years and a fine of no less than AED 100,000; if the injury or illness results in grievous harm, the penalty is imprisonment of no less than ten years and a fine of no less than AED 200,000; and the penalty is life imprisonment or the death penalty if the offense results in the death of the victim.
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Awadh Almheiri Law Firm and Legal Consultations
  Characterizing the facts and identifying the path between use and trafficking
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A team specialized in drug cases and criminal matters in the United Arab Emirates

Sixth: Bringing in, importing, exporting, trafficking and smuggling

The law intensified the penalty in offenses of dealing for the purpose of trafficking, and set the penalty in prohibited-import offenses according to Penalty Schedule (10) by the type of substance and its weight or the number of plants:

Penalty under Schedule (10)
Substances of Schedules (1, 2, 5) and the First Part of Schedule (4): less than 20 grams — imprisonment and a fine of no less than AED 100,000; from 20 to 100 grams — imprisonment of no less than ten years and a fine of no less than AED 100,000; more than 100 grams — life imprisonment and a fine of no less than AED 500,000.
Plants of Schedule (4), Second Part: fewer than 5 plants — imprisonment and a fine; from 5 to 15 plants — imprisonment of no less than ten years and a fine of no less than AED 100,000; more than 15 plants — life imprisonment and a fine of no less than AED 500,000.
Substances of Schedules (3, 6, 7, 8): less than 150 grams — imprisonment and a fine; from 150 to 1,000 grams — imprisonment of no less than seven years and a fine; more than 1,000 grams — life imprisonment and a fine of no less than AED 200,000.

If it is established that the act was committed for the purpose of use or personal consumption, the offender is punished under Articles (41), (42), (43), not the trafficking penalties.

Article (52) punishes by imprisonment anyone who deliberately transfers narcotic substances into another's possession or custody without their knowledge of their true nature; Article (50) punishes slipping a substance into another's food or drink, or causing them to take it without their knowledge, with a penalty escalating to life or the death penalty if the act results in the victim's death.

Seventh: Aggravating circumstances and recidivism

Alongside the aggravating circumstances specific to each offense, the law intensified the penalty in the case of recidivism in a number of offenses up to the death penalty in some forms, and treated affiliation with a hostile group or organized gang, or working for its benefit, as an aggravating circumstance that raises the penalty in prohibited-import offenses to death or life, in addition to the forms of aggravation relating to the place of the offense or the status of the victim in the offenses of invitation, incitement and facilitation.

Eighth: Accessory and supplementary penalties

Confiscation and destruction (Art. 70)
Confiscation of the substances, plants, devices, funds and means of transport used in the offense, without prejudice to the rights of bona fide third parties.
Closure of premises (Art. 71)
Closure of any premises used for use or for carrying on an activity related to the substances otherwise than in the licensed cases.
Withdrawal of driving license (Art. 72)
Refusal to license, or cancellation of the license, to drive vehicles for anyone convicted of use more than once.
Deportation of the foreigner (Art. 75)
The court orders the deportation of a convicted foreigner, with exceptions set out by the amendment.

Ninth: Exemption from and mitigation of the penalty

Under Article (69), any offender who takes the initiative to inform the authorities of what they know about the offenses set out in Articles (53), (57), (58) before the authorities learn of the offense and before it begins is exempt from the penalty. The court may grant exemption if the report is made after the offense and before the investigation begins, and may mitigate the penalty if, during the investigation or trial, the offender facilitates the arrest of one of the offense's perpetrators.

Tenth: Treatment and rehabilitation instead of punishment

The law made available the path of treatment and rehabilitation instead of the penalty in offenses of use and personal consumption:

Pathways for committal to treatment
Judicial substitution (Art. 45): the court may — other than in the case of recidivism — substitute, for the penalty prescribed in Articles (41, 42, 43, 44), committal of the convicted person to a treatment and rehabilitation unit, for a period not exceeding one year.
Request for treatment by the user or their family (Art. 89): no criminal action is brought against the user if they come forward of their own accord, or their family (their parents or their legal representative) come forward on their behalf, to the unit, the police or the Public Prosecution before their apprehension or the issuance of an arrest order, requesting committal for treatment.
Referral by the Prosecution (Art. 92): the Attorney-General may refer to the unit those they see fit to commit from among the perpetrators of use offenses (41, 42, 43, 44) without bringing the action, provided the treatment period does not exceed one year.

Under Article (93) as amended, the offenses of use and personal consumption (41, 42, 43, 44) are not considered a criminal precedent requiring rehabilitation of reputation when committed for the first time by nationals, and suspension of the execution of the penalty may not be ordered when committed for the third time or more.

Eleventh: Special cases

Exceptions to deportation of the foreigner (Art. 75 as amended)

The deportation measure does not apply to: a convicted person who, at the time of the offense, was the spouse of, or a first-degree blood relative of, a national; and a convicted person who is a member of a family residing in the State, where the court finds that their deportation would cause grievous harm to the family's stability and is satisfied of its financial ability to provide treatment for them. "Family" here means the grandfather, grandmother, father, mother, children, brothers and sisters.

Licensed medical dealing

No medical prescription for any narcotic or psychotropic substance may be issued except by physicians licensed to practice and according to the treating physician's specialty (Art. 40), and a pharmacy may not dispense them except by a medical prescription within the prescribed conditions (Art. 34). The 2025 amendment referred in this regard to Federal Decree-Law No. (38) of 2024.

Twelfth: Judicial authorization and jurisdiction

Under Article (87) as amended, a judicial authorization issued by the Public Prosecution is effective in all Emirates of the State where the offense is committed for the purpose of trafficking or promotion, or where the offender is affiliated with a hostile group or organized gang or works for its benefit. Under Article (88) as amended, the federal courts located at the seat of the federal capital have exclusive jurisdiction to adjudicate the Decree-Law's offenses where committed for the purpose of trafficking or promotion and what is connected with them by an indivisible link. As for the offenses of use and personal consumption, jurisdiction lies — by exception to Article (142) of the Criminal Procedure Law — with the court within whose territorial scope the apprehension took place (Art. 86).

Legal references

Federal Decree-Law No. (30) of 2021 on combating narcotic and psychotropic substances — federal legislation.

Federal Decree-Law No. (53) of 2022 amending certain provisions of Federal Decree-Law No. (30) of 2021 — federal legislation.

Federal Decree-Law No. (14) of 2025 amending certain provisions of Federal Decree-Law No. (30) of 2021 — federal legislation, in force from 1 January 2026.

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Penalties for drug crimes in the UAE: use, possession, promotion and trafficking

Frequently asked questions

What is the difference between possession for use and possession for trafficking?+
Possession or acquisition for the purpose of use is subject to Articles (42), (43), (44), punishable by imprisonment or a fine, with committal for treatment permitted; whereas possession or acquisition for the purpose of trafficking or promotion is punishable by imprisonment under Article (56), which may rise to life, and reaches the death penalty in aggravated forms. Intent is the decisive factor in determining the path and the penalty.
Is first-time use a crime in the UAE?+
Use and personal consumption are criminalized, punishable by imprisonment or a fine under Articles (41), (42), (43), (44). However, Article (93) as amended provides that these offenses are not considered a criminal precedent requiring rehabilitation of reputation when committed for the first time by nationals, and the penalty may be replaced with committal for treatment and rehabilitation other than in the case of recidivism.
When is a drug user exempt from punishment?+
Under Article (89), no criminal action is brought against the user if they come forward of their own accord — or their family come forward on their behalf — to the unit, the police or the Public Prosecution before their apprehension or the issuance of an arrest order, requesting committal for treatment. Article (69) also allows exemption or mitigation for anyone who takes the initiative to report trafficking and import offenses under its conditions.
What is the penalty for drug promotion in the UAE?+
Under Article (48), the penalty for inviting, inciting or facilitating the commission of use offenses is imprisonment of no less than five years and a fine of no less than AED 50,000, intensified according to the place of the offense or the status of the victim. If committed with intent to harm and resulting in grievous harm or death, the penalty rises under Article (49) up to life or the death penalty.
When does a drug penalty reach the death penalty?+
The penalty rises to death in aggravated forms, including: breaching the import prohibition for the purpose of trafficking or promotion or affiliation with a hostile group or gang (Art. 57); recidivism in certain trafficking offenses (Art. 59); and where coercing another to use, or slipping the substance to them, results in the victim's death (Arts. 50, 51).
How is the penalty for trafficking and smuggling determined?+
In prohibited-import offenses it is determined under Penalty Schedule (10) by the classification of the substance and its weight or the number of plants; it escalates from imprisonment and a fine for smaller quantities, to imprisonment of no less than ten years, up to life imprisonment and a fine for larger quantities, and may reach the death penalty in the aggravated forms set out in Articles (57) and (58).
What is new in the amendment by Decree-Law No. 14 of 2025?+
The amendment, in force from 1 January 2026, replaced "the Ministry" and "the Minister of Health and Prevention" with "the Foundation" and "the Chairman of the Council," and amended texts of articles relating to licensing, medical dealing, penalties (Arts. 48, 60), deportation (Art. 75), judicial authorization (Art. 87), jurisdiction (Art. 88) and committal for treatment (Art. 89), with reference on medical dealing to Federal Decree-Law No. (38) of 2024.
Can the penalty be replaced with treatment and rehabilitation?+
Yes; under Article (45), the court may — other than in the case of recidivism — substitute, for the penalty prescribed in use offenses, committal of the convicted person to a treatment and rehabilitation unit, for a period not exceeding one year. The Attorney-General may also refer the person for treatment without bringing the action under Article (92).
For everything related to drug cases — their characterization, the defense in them and requests for committal to treatment — the firm places its legal expertise at your service to make the right decision at the right time.Contact us
Legal disclaimer

The information in this article is of a general nature and is published for the purpose of spreading legal culture and community awareness. It does not constitute legal advice and is no substitute for it; provisions may differ according to the facts of each case and the development of the legislation and regulations governing it. To address a particular situation, please contact the firm for tailored advice.

This text is a translation of the original article written in Arabic. In the event of any discrepancy between this translation and the Arabic text, the Arabic version shall prevail.

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