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A Legal Reading of the Amendments to the Law on Combating Narcotic Drugs and Psychotropic Substances in the United Arab Emirates

First: The General Framework of the Legislative Amendments

The UAE legislator issued a Federal Decree-Law amending certain provisions of the Law on Combating Narcotic Drugs and Psychotropic Substances, within the framework of the State’s legislative policy aimed at enhancing the protection of society and modernizing the legal system in line with emerging health, security, and regulatory developments.

These amendments reflect a balanced legislative approach that combines strictness in confronting drug-related crimes and trafficking with the adoption of a preventive and therapeutic approach in dealing with cases of drug use, particularly in their early stages, in a manner consistent with modern international standards for combating addiction.

Second: The Most Prominent Legal Amendments and Their Simplified Explanation

1. Updating the Legally Competent Authorities

The Decree-Law provides for redefining the authorities competent to implement the provisions of the Law on Combating Drugs, whereby the jurisdiction for regulating medical and pharmaceutical products is vested in the Emirates Drug Establishment, while the supervision of drug control policies is entrusted to the National Anti-Narcotics Council.

This amendment aims to unify the competent authorities in a manner that ensures prompt decision-making and enhances the efficiency of oversight and enforcement.

2. Regulating the Establishment of Treatment and Rehabilitation Units for Drug Users

The amended law permits federal health authorities and private health facilities to establish and operate specialized units for the treatment and rehabilitation of drug users. It also grants local authorities in each Emirate the right to establish similar units in accordance with the applicable legislation.

This amendment expands the scope of treatment and increases the number of rehabilitation centers, contributing to reducing reliance on punishment alone, while involving the private sector in addiction treatment.

3. Strengthening Criminal Liability of Physicians and Pharmacies

The legislator has tightened the prescribed penalties against any physician or pharmacy proven to be involved in dispensing or issuing prescriptions for narcotic drugs or psychotropic substances without a legitimate medical justification or in violation of the legally prescribed quantities and controls, considering such acts as facilitation of drug use.

This amendment aims to protect patients and prevent the conversion of medical prescriptions into an unlawful means of accessing drugs, and to close the door to professional exploitation within the medical field.

4. Regulating the Scientific and Medical Use of Narcotic Substances

The amended law specifies the entities licensed to possess and circulate narcotic drugs and psychotropic substances exclusively for scientific and medical purposes, subjecting them to strict supervision, while maintaining certain exceptions related to the use of specific parts of legally listed plants, in accordance with precise controls.

This amendment provides protection for scientific research and legitimate medical use without allowing any violation or misuse.

5. Deportation of Foreigners Convicted in Drug Cases

The amended law also mandates the deportation of foreigners convicted in drug-related cases from the State after serving the sentence imposed upon them, affirming the State’s strict policy of zero tolerance toward crimes that affect the security and health of society.

At the same time, the legislator has taken humanitarian and social considerations into account by permitting the court—in exceptional and specific cases—not to order deportation if it is proven that the convicted person has a marital relationship or a first-degree kinship with a UAE national at the time of committing the crime, or if the person is a member of a stable family residing within the State and deportation would result in serious harm to family stability or deprive one of its members of necessary care, provided that the financial ability to cover treatment costs is available.

This regulation reflects a legislative balance between protecting society from the dangers of drugs and preserving family ties in special humanitarian cases, with the assessment of such exceptions remaining subject to judicial oversight and precise legal controls.

6. Adopting a Therapeutic and Preventive Approach in Certain Cases of Drug Use

The Decree permits refraining from initiating criminal proceedings against a drug user if the individual voluntarily seeks treatment before being apprehended, or if the educational institution— in coordination with the competent authorities—reports the case to the relevant authorities for placement in a treatment unit.

This amendment encourages drug users, especially students, to seek help without fear of punishment and grants them a genuine opportunity for recovery without a criminal stigma.

7. Unifying Judicial Jurisdiction in Drug Trafficking and Promotion Crimes

The amended law confines the jurisdiction to hear crimes of drug trafficking, promotion, and facilitation to the federal courts, with orders issued by the Federal Public Prosecution being applicable across all Emirates of the State.

Third: The Legal and Societal Impact of the Amendments

From a legal perspective, these amendments affirm the consistency of the UAE’s legislative policy with the principle of proportionality between crime and punishment, through imposing stricter penalties for serious crimes while allowing flexibility in dealing with treatable cases of drug use.

From a societal perspective, the amendments are expected to contribute to:

            •          Reducing the misuse of medical prescriptions

            •          Encouraging early treatment among drug users

            •          Enhancing confidence in the health and judicial systems

            •          Protecting the family and society from the devastating effects of drugs

These amendments also reflect an advanced humanitarian vision that views treatment and rehabilitation as essential tools alongside legal deterrence.

Conclusion

The amendments to the Law on Combating Narcotic Drugs and Psychotropic Substances confirm that the United Arab Emirates continues its legislative leadership as one of the first countries to adopt an integrated legal approach that combines firmness in deterrence with leadership in embracing humanitarian and preventive solutions. These amendments reflect the State’s constant commitment to anticipating societal and health challenges through flexible and advanced legislation that aligns with, and in many aspects surpasses, international best practices. This step also represents an extension of a deeply rooted Emirati approach based on protecting human beings, safeguarding society, and building a modern, effective, and comprehensive criminal justice system that enhances security and stability and reinforces the State’s position as a global model in legislation and the rule of law.