Will a first-time drug offender face jail or deportation under UAE’s new law?

Yes, they can. You need to present a strong memorandum to the court.

Please reach our senior legal consultant, Mr. Muhammad Abdullah, for more details.

Good afternoon, and thank you for your enquiry.

Yes, the Public Prosecutor can recommend this as a sentence to the court.

Greetings,

Regarding the new drug law, deportation is not automatically mandatory for all cases. For first-time offenders, the Public Prosecution has the discretion to consider alternatives depending on the substance, quantity, circumstances, and the results of the investigation.

Since your husband tested positive in October, before the new amendments, the Public Prosecution will review the case based on both the old and new provisions, and they may order a fine, rehabilitation measures, or, in some cases, a short jail term. Deportation is not guaranteed, but it remains within the PP’s authority depending on the details of the case.

Because each case is different and depends on specific facts, we strongly recommend booking a legal consultation or issuing a power of attorney so our office can represent him and protect his rights before the Public Prosecution and the court.

The new deportation law will be enforced in January. I wrote an article on this subject, but it hasn't been published yet.

Dear questioner,

Yes, the new law is generally applied retroactively if it is more favorable to the accused.

The key legislation is Federal Decree-Law No. 30 of 2021 on Combating Narcotic Drugs and Psychotropic Substances, which came into effect in January 2022. Since your husband's positive test was in October (after the law's effective date), his case will be adjudicated under these new provisions.

Crucially, even if the offence occurred before the new law came into effect, the principle of "the law most favourable to the accused" would apply, meaning the court would default to the less severe penalties of the 2021 law. The severity of the penalty (fine, rehabilitation, or imprisonment) is now at the discretion of the court, which reviews the facts, the medical report, and the defendant's history.

The Public Prosecution (PP) cannot order a jail term. Only the Court can issue a binding sentence. For more details you need to take consultation, for the same kindly share your whatsapp number.

Thank you for contacting us via Legal Advice Middle East.

Your husband’s situation may proceed through more than one legal path depending on how the file is classified by the Public Prosecution and how the medical test result is documented procedurally.

We previously handled a partially similar case involving a first-time accused where the prosecution stage was decisive, and the outcome was ultimately in favor of our client due to careful handling of the file from the first appearance.

At this stage, the Public Prosecution does not issue final sentences, but it does have the authority to order continued detention, release, or referral of the case to court. Any jail term can only be decided by the court itself, not by the prosecution alone. As for deportation, current practice indicates that mandatory deportation is generally linked to conviction, and authorities usually assess the matter based on the date of the alleged act rather than the date of hearing. Being a first-time accused is an important factor, but it does not automatically prevent custodial measures if the file is not positioned correctly from the outset.

The silent legal risk in cases like this lies in inconsistencies between the test report, procedural records, and statements taken earlier, which can negatively affect the direction of the case if left unaddressed. Our office focuses on anticipating the prosecution’s likely approach and responding with a structured legal strategy that limits exposure and steers the case toward the most appropriate outcome. A precise assessment requires reviewing the full prosecution file and all related documents before the hearing.

This response is provided by Rashid Al Kaitoob Advocates & Legal Consultants based solely on the information you’ve provided and does not constitute a final legal opinion. A binding legal assessment can only be given after reviewing the full documents of the case.

Hello,

As per your query, please note that it will be transferred to court after the PP statement, since there is already a travel ban. Regarding the arrest warrant, it depends on the PP's decision and the case investigation.

Please contact us by email call/ whasapp.

Dear Questioner,

Regarding your query on the recent amendments to UAE drug laws and their applicability:

Applicability of the New Law:

The new drug law provisions generally apply to offenses committed after the law’s implementation. However, for cases that occurred before the new law (as in your husband’s case in October), the authorities may consider the previous legal framework. Courts and Public Prosecution (PP) retain discretion in sentencing and may take into account the timing of the offense.

Deportation:

Deportation is not automatically mandatory for a first-time offender. The decision depends on several factors, including:

• The nature and quantity of the substance.
• Whether it is a first-time offense.
• Cooperation with authorities.
• Medical/rehabilitation considerations (in some cases, rehabilitation may be an alternative).

Jail Term:

Yes, the Public Prosecution can recommend imprisonment even for a first-time offender if they deem it appropriate under the law. The court ultimately decides the final sentence, which could range from a jail term to fines or probation, depending on circumstances.

Process:

• Your husband will attend the first hearing with the PP.
• He may be required to provide a statement and answer questions.
• After the PP hearing, the case may proceed to court for final adjudication.

Given the serious nature of drug-related cases in the UAE, even for first-time offenders, the process can be complex and time-sensitive. We can assist by representing your husband throughout the entire process, from the PP hearing to any potential court proceedings, ensuring that his rights are fully protected and all mitigating factors are properly presented.

Please let me know if you wish to proceed with our assistance to handle this matter comprehensively.

Best regards,

Mohammad Salah, Legal Consultant