Legislation Details
- Full Title: Federal Decree by Law on Combating Narcotics and Psychotropic Substances
- Law Type: Federal Decree-Law
- Law Number: (30) of 2021
- Issued Date: 16 Sep 2021
- Effective Date: 02 Jan 2022
- Official Gazette: No. 712
- Sector: Security and Safety
- Status: Active
- Number of Articles: 229
- Chapters/Parts: 0
- Amendments: 3
Summary
This Federal Decree-Law regulates the import, export, production, manufacture, and use of narcotics and psychotropic substances in the UAE. It aims to combat the trafficking and abuse of these substances through a comprehensive legal framework. The law imposes strict licensing requirements, penalties for violations, and provisions for the treatment and rehabilitation of addicts. It is a critical piece of legislation for businesses and individuals operating in the UAE's healthcare, pharmaceutical, and security sectors, as non-compliance can result in severe criminal and administrative sanctions. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021)
What is the scope and purpose of this law?
The law applies throughout the UAE and regulates all activities related to narcotics and psychotropic substances, including import, export, transport, production, manufacture, possession, and use. Its primary purpose is to combat the trafficking and abuse of these substances through a comprehensive legal framework. The law also establishes specialized units for the treatment and rehabilitation of addicts. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 1-2, 5, 7)
What are the key definitions under this law?
The law provides the following key definitions:
- Narcotics: Any natural or synthetic substance listed in Schedules (1), (2), (3), and (4) annexed to this Decree by Law.
- Psychotropic Substances: Any natural or synthetic substance listed in Schedules (5), (6), (7), and (8) annexed to this Decree by Law.
- Import: The introduction of narcotics or psychotropic substances into the UAE in violation of the law's provisions.
- Export: The removal of narcotics or psychotropic substances from the UAE in violation of the law's provisions.
- Bring In: The act of introducing or bringing narcotics or psychotropic substances into the UAE by any means.
- Transport: The movement of narcotics or psychotropic substances within the UAE or in transit, in violation of the law's provisions.
- Promotion: The dissemination or distribution of narcotics, psychotropic substances, or any substances or plants capable of causing intoxication or harming the mind.
- Production: The separation of narcotics or psychotropic substances from their botanical origin.
- Manufacture: All non-productive processes by which narcotics or psychotropic substances are obtained.
- Commitment: The placement of a user in a specialized treatment unit for the rehabilitation of addicts.
- Subjecting to Monitoring: The obligation imposed on a user to comply with periodic examination rules and procedures.
- Mandatory Enrollment in Rehabilitation Programs: The referral of a convicted person to a rehabilitation program.
(Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Prohibition of the import, export, transfer, production, manufacture, bringing in, possession, or acquisition of narcotics or psychotropic substances listed in Schedules (1), (2), (4/Section 1), and (5), except for authorized medical and scientific research purposes. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 10) 2. Prohibition of the import, export, transfer, production, manufacture, bringing in, possession, or acquisition of narcotics or psychotropic substances listed in Schedules (3), (6), (7), and (8), except in authorized cases and under the conditions stipulated in the law. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 11) 3. Prohibition of the addiction or personal use of narcotics or psychotropic substances, except for treatment and according to a medical prescription. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 12) 4. Requirement for the land owner to inform the public authority of any plants that shall be planted on their land and are listed in Schedule No. 4, Section (2). (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 15)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing requirements: 1. Licenses for the import, export, and transport of narcotics and psychotropic substances, granted by the Competent Administrative Authority. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 17-23) 2. Licenses for trafficking in narcotics and psychotropic substances, granted by the Competent Administrative Authority. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 24-30) 3. Licenses for the production of narcotics or psychotropic substances and the manufacture of medical preparations containing them, granted by the Competent Administrative Authority. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 31-33) 4. Licenses for the cultivation of plants producing narcotics or psychotropic substances for scientific purposes and research, granted by the Minister of Climate Change and Environment. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 16)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The National Drug Enforcement Authority, which is responsible for the overall implementation and enforcement of the law. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 1) 2. The Emirates Drug Establishment, which is responsible for inspecting the authorities licensed under the provisions of this law. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 9) 3. The Competent Administrative Authority, designated by a decision issued by the Chairman of the Board of the Emirates Drug Establishment or by whomever they authorize, which is responsible for granting various licenses under the law. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 1) 4. The Supervisory Committee, which oversees the specialized units for the treatment and rehabilitation of addicts. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 1) 5. The Minister of Justice, who may grant the status of Judicial Police officers to some employees of ministries, agencies, and departments related to the implementation of the law. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 8)
What are the penalties for non-compliance?
The law prescribes the following penalties for non-compliance: 1. Imprisonment and/or a fine for the import, export, transfer, production, manufacture, bringing in, possession, or acquisition of narcotics or psychotropic substances listed in Schedules (1), (2), (4/Section 1), and (5), except for authorized medical and scientific research purposes. The penalties range from 5 to 25 years of imprisonment and a fine of AED 100,000 to AED 2,000,000. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 41-42) 2. Imprisonment and/or a fine for the import, export, transfer, production, manufacture, bringing in, possession, or acquisition of narcotics or psychotropic substances listed in Schedules (3), (6), (7), and (8), except in authorized cases and under the conditions stipulated in the law. The penalties range from 2 to 15 years of imprisonment and a fine of AED 50,000 to AED 1,000,000. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 43-44) 3. Imprisonment and/or a fine for the addiction or personal use of narcotics or psychotropic substances, except for treatment and according to a medical prescription. The penalties range from 2 to 10 years of imprisonment and a fine of AED 50,000 to AED 500,000. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 45-46) 4. Imprisonment and/or a fine for the planting, bringing in, import, export, ownership, possession, or acquisition of plants mentioned in Schedule No. 4, Section (2), or any other plant that produces narcotics or psychotropic substances. The penalties range from 2 to 10 years of imprisonment and a fine of AED 50,000 to AED 500,000. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 47-48)
How does this law interact with other UAE legislation?
This Federal Decree-Law repeals and replaces the previous Federal Law No. 14 of 1995 on Combating Narcotics and Psychotropic Substances. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Art. 3) The law also references and interacts with several other UAE federal laws, including: - Federal Law No. 1 of 1972 on the Competences of Ministries and the Powers of Ministers - Federal Law No. 9 of 1976 on Delinquent Juveniles and Homeless - Federal Law No. 3 of 1987 promulgating the Penal Code - Federal Law No. 35 of 1992 promulgating the Criminal Procedure Code - Federal Law No. 36 of 1992 on Rehabilitation - Federal Law No. 43 of 1992 on the Penal Facilities Organisation - Federal Law No. 4 of 2015 on Private Health Facilities - Federal Law No. 3 of 2016 on the Child Rights Law "Wadeema Law" - Federal Law No. 2 of 2019 on the Information and Communication Technology use in the health fields - Federal Law No. 5 of 2019 on the Regulation of the Practice of the Human Medicine Profession - Federal Law No. 8 of 2019 on Medical Products, the Pharmacy Profession and Pharmaceutical Facilities - Federal Decree-Law No. 14 of 2021 on the establishment of the Federal Authority for Identity, Nationality, Customs and Ports Security (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Preamble)
When did this law come into effect?
This Federal Decree-Law came into effect on 02 January 2022, after being published in the Official Gazette No. 712 on 26 September 2021. (Federal Decree by Law on Combating Narcotics and Psychotropic Substances, 2021, Issued Date and Effective Date)
Source Documents
This article analyses Federal Decree by Law on Combating Narcotics and Psychotropic Substances for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.