As part of the UAE’s ongoing efforts to strengthen its legislative framework and safeguard society from risks, the government has enacted a Federal Decree-Law introducing amendments to certain provisions of the Federal Decree-Law on Combating Narcotic Drugs and Psychotropic Substances. These amendments reinforce the principles of justice, protect rights, and support the national anti-drug system in accordance with the highest approved health, security, and regulatory standards.

This legislative update aligns with the institutional and regulatory transformations witnessed in the medical products sector and the field of drug control in the State. The Decree-Law provides for the substitution of the Emirates Drug Establishment and its Chairman for the Ministry of Health and Prevention and its Minister, thereby recognizing the Establishment as the competent authority responsible for regulating medical products nationwide.

The Decree-Law also reorganizes competencies related to drug control by replacing references to the Ministry of Interior with the National Anti-Narcotics Authority, underscoring its pivotal role in coordinating and leading national efforts to combat narcotic and psychotropic substance-related crimes.

On the healthcare front, the amendments expand the scope of treatment services by permitting federal health authorities and private healthcare facilities to establish specialized centers for the treatment and rehabilitation of users and addicts of narcotic drugs and psychotropic substances. The mechanisms governing the operation of these units are to be regulated by a decision issued by the Council of Ministers. Local authorities are likewise empowered to establish similar units in accordance with their applicable legislation, thereby enhancing integration across the State’s treatment and rehabilitation system.

From a deterrence perspective, the Decree-Law tightens penalties for dispensing narcotic drugs or psychotropic substances without a legally compliant medical prescription, or in quantities exceeding the limits prescribed in the approved schedules. The amended penalty includes imprisonment for a term of not less than five years and a fine of not less than AED 50,000 imposed on offending pharmacies, with such acts classified as crimes of facilitating drug use.

This stricter approach is extended to physicians who issue prescriptions for narcotic drugs or psychotropic substances without authorization, without medical justification, or in violation of approved controls and dosage limits. The Decree-Law prescribes imprisonment for a term of not less than five years and a fine of not less than AED 50,000, categorizing such conduct as facilitation offenses within a firm policy framework aimed at regulating medical prescriptions and preventing misuse.

The amendments further update provisions governing the possession and circulation of narcotic drugs and psychotropic substances for scientific and medical purposes. They specify the entities eligible to obtain licenses, including healthcare facilities, analytical laboratories, scientific research centers, and institutions involved in the manufacture, storage, and distribution of medical products. These activities are subject to precise conditions and strict oversight to ensure that use is confined to legitimate purposes. The Decree-Law also confirms the continued exemption of certain plant parts listed in the annexed schedules from criminalization, in accordance with prescribed controls.

With respect to foreign nationals convicted of drug-related offenses, the amendments mandate deportation from the State following the completion of the imposed sentence. However, the court is granted discretionary authority to exempt two specific categories: first, where the convicted person was, at the time of committing the offense, the spouse or a first-degree relative of a UAE national; and second, where the convicted person belongs to a family residing in the State and the court determines that deportation would cause serious harm to family stability or deprive a family member of necessary care, provided that the family has the financial capacity to bear the costs of treatment.

The Decree-Law also reorganizes procedures relating to the therapeutic commitment of drug users. It allows for the non-initiation of criminal proceedings against a student user if the educational institution in which the student is enrolled after coordination with a child protection specialist and with parental consent approaches the treatment unit, the Public Prosecution, or the police before an arrest warrant is issued, requesting the student’s placement in a therapeutic and rehabilitation program for a period not exceeding one year. This approach reflects a clear emphasis on prevention and treatment in addressing drug use among students.

From a procedural standpoint, the Federal Decree-Law unifies litigation mechanisms for crimes of trafficking, promotion, and facilitation by confining jurisdiction over such offenses to the federal courts. It further ensures that orders issued by the competent federal public prosecution apply across all Emirates, thereby enhancing procedural uniformity and expediting the enforcement of judgments.

Overall, this Federal Decree-Law reflects the UAE’s commitment to a balanced legislative policy in combating narcotic drugs and psychotropic substances one that combines firmness in deterrence with a strong emphasis on treatment and rehabilitation, keeps pace with health, security, and regulatory developments, safeguards society, protects individual rights, and reinforces the State’s standing as a leading model in the rule of law and human protection