What is the law in a drug possession case

What is the law in a drug possession case

The Saudi regulator has regulated the issue of drug possession in detail and precisely through the system for combating drugs and psychotropic substances. As a general rule, Article 35 of the system stipulates that no unlicensed person may possess narcotic drugs or psychotropic substances unless they are prescribed by a licensed physician.

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

The legal penalties for “possession of drugs” vary depending on the criminal intent, as follows:

First: Possession for the purpose of trafficking or promotion 

If the possession of drugs is for the purpose of trafficking or promotion (for or without compensation), Article 38 stipulates that the penalty shall be imprisonment for a period of not less than five years and not more than fifteen years, and flogging not exceeding fifty lashes at a time, in addition to a fine of one thousand to fifty thousand riyals.

This penalty is increased in certain cases, such as committing the crime in mosques or schools, or if the narcotic substance is very dangerous such as heroin and cocaine, or if minors are exploited.

What is the law in a drug possession case

Second: Abstract possession

 It means possession of drugs without intent to traffic, promote or use. In this case, Article Thirty-Nine stipulates that the possessor shall be punished with imprisonment for a period of not less than two years and not more than five years, flogging not more than fifty lashes at a time, and a fine of not less than three thousand riyals and not more than thirty thousand riyals.

Third: Possession for the purpose of personal use or abuse

 However, if the possessor’s intention is limited to personal use or use only, Article Forty-One stipulates that he shall be punished with imprisonment for a period of not less than six months and not more than two years. The penalty shall be increased if the user is responsible for combating drugs, or if he uses them while performing his work.

Exception (exemption from accountability for seeking treatment):

 In order for the organizer to ensure the treatment and reform of users, Article 42 stipulates that no criminal case shall be filed against a user or addict if he or she, or one of his or her ascendants, descendants, spouse, or relatives, submits a request for treatment.

To benefit from this exemption, the user or addict must hand over the drugs or psychotropic substances in his possession, if any, or direct the competent authorities to their location.

What is the law in a drug possession case

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References

• Article Thirty-Five of the Law for Combating Narcotic Drugs and Psychotropic Substances
• Article Thirty-Eight of the Law for Combating Narcotic Drugs and Psychotropic Substances
• Article Thirty-Nine of the Law for Combating Narcotic Drugs and Psychotropic Substances
• Article Forty-One of the Law for Combating Narcotic Drugs and Psychotropic Substances
• Article Forty-Two of the Law for Combating Narcotic Drugs and Psychotropic Substances