UAE tightens drug laws with mandatory deportation

The UAE has tightened laws to combat use of narcotics, including imprisonment and heavy penalties for medical practitioners who misuse their authority to prescribe and dispense such drugs.

It also mandates the deportation of foreign nationals convicted of narcotics offences following the completion of their sentences.

The amendments of certain provisions of the Federal Decree-Law on Combating Narcotic Drugs and Psychotropic Substancesare part of the UAE’s ongoing efforts to strengthen community protection, uphold justice, safeguard rights and enhance the national framework for combating narcotics in line with the highest regulatory, health and security standards.

The decree-law aligns with recent institutional and regulatory developments in the medical products sector and in narcotics control. Under the amendments, references to the Ministry of Health and Prevention and the Minister of Health and Prevention in the original law are replaced with the Emirates Drug Establishment and its chairperson, establishing the entity as the competent authority responsible for the regulation of medical products in the country.

References to the Ministry of Interior are replaced with the National Anti-Narcotics Authority, reflecting its central role in leading national efforts to combat narcotics-related crimes.

The amendments also enhance the capacity of the health sector by permitting federal health authorities and private health facilities to establish specialised units for the treatment and rehabilitation of individuals addicted to narcotic drugs and psychotropic substances.

The detailed regulations governing these units will be issued by the UAE Cabinet. Local authorities may establish similar units within their respective jurisdictions.

The decree-law introduces stricter penalties for dispensing narcotic drugs or psychotropic substances without a valid prescription or in quantities exceeding approved limits. The penalty for such a violation is imprisonment for not less than five years and a fine of not less than Dh50,000, with such violations treated as offences of facilitating narcotic drug use.

The amendments also increase penalties for any physician who issues a prescription for a narcotic drug or psychotropic substance without a licence, without medical justification, or in violation of approved limits. The penalty is imprisonment for not less than five years and a fine of not less than Dh50,000, and the act is deemed an offence of facilitation.

The amendments further update the provisions governing the possession and handling of narcotic drugs and psychotropic substances for scientific and medical purposes. Licences may be granted to qualified entities, including health facilities, chemical testing laboratories, research centres, and medical product manufacturing, storage and distribution facilities, under the supervision of the competent authorities. Certain parts of plants listed in the schedules attached to the law remain exempt from criminalisation in accordance with approved controls.

The decree-law requires the deportation of foreign nationals convicted of narcotics offences following the completion of their sentences. The court must order the deportation of any such convicted foreigner, except in two specific cases: where the person is the spouse or first-degree relative of a UAE citizen at the time of committing the offence, or where the person is a member of a family residing in the UAE and the court determines that deportation would cause serious harm to the stability of the family or deprive a family member of necessary care, provided the family has the financial ability to support treatment.