Drug Offence Defence in Dubai

Federal Decree-Law 30 of 2021 governs narcotic drugs and psychotropic substances. It has applied since 2 January 2022 and changed the treatment of rehabilitation and deportation.

Personal Use And Possession

Articles 41 and 42 address personal use and possession. For a first offence, the law provides for a minimum of three months’ imprisonment or a fine, with consequences escalating sharply upon repetition. Those provisions must be distinguished from trafficking allegations and from the separate port-of-entry framework for non-resident foreigners. The applicable classification affects whether the ordinary statutory provisions or Cabinet Decision 43 of 2024 governs the matter.

Rehabilitation For First Offences

Article 45 permits a first-time offender to qualify for rehabilitation treatment instead of imprisonment. This is not automatic, and eligibility cannot be assumed from the allegation alone. The National Rehabilitation Centre operates programmes lasting up to two years. The provision reflects the rehabilitation approach introduced by Federal Decree-Law 30 of 2021, which replaced Federal Law 14 of 1995 when the current legislation came into force on 2 January 2022.

Deportation Is Not Automatic

Article 75 makes deportation a mandatory additional penalty for offences under the law except abuse, personal use, possession, and possession with intent to abuse. For those excepted categories, the court has discretion rather than an obligation to order deportation. This reverses the position under the 1995 law. It does not remove deportation as a possible consequence, and it does not amount to a prediction about how discretion will be exercised in a particular case.

Non-Residents At UAE Ports

Cabinet Decision 43 of 2024 creates a separate framework for non-resident foreigners found with drugs for personal use when entering through a land, sea or air port. For a first occasion, the framework provides a fine range of AED 5,000 to AED 20,000, with no entry until payment. For a second occasion, it provides AED 10,000 to AED 30,000, deportation and a three-year entry ban beginning the day after deportation.

For a third occasion, the framework provides a fine range of AED 50,000 to AED 100,000, deportation and a permanent entry ban. The Public Prosecution may place the person on the permanent entry-ban list, reflected in the Unified Criminal System and the ICP administrative list. An exemption request may be made personally or through a legal representative, but only after proof that the fine has been paid.

Representation In Drug Matters

PROCONSULT ADVOCATES & LEGAL CONSULTANTS is licensed to appear and represents clients before all courts in the UAE. Drug matters may involve the Public Prosecution, custody decisions, Article 45 rehabilitation, Article 75 deportation discretion or Cabinet Decision 43 of 2024. The firm works in English, Arabic and French from its Business Bay office. This material gives general information only and is not advice on a particular allegation. Contacting the firm does not create a lawyer-client relationship.