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.

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.