Addiction Treatment in Saudi Arabia Without Prosecution: Art. 42

A mother in Riyadh notices that her 23-year-old son has been using drugs for months. She is afraid that if she takes him for treatment, a report will be opened and he will go to prison. The direct answer: no criminal case is brought for drug use or addiction against a person who comes forward asking for treatment, whether he comes himself or one of his parents, children, spouse or relatives comes for him, on condition that he hands over any drugs he has or shows where they are. This is the rule in paragraph 1 of Article 42 of the Anti-Narcotics Law. It does not require a certain age or that it is the first time.

What does Article 42 say about treatment without prosecution?

Paragraph 1 of Article 42 of the Law on Combating Narcotic Drugs and Psychotropic Substances (the Anti-Narcotics Law) states that no criminal case is brought for using or being addicted to narcotic drugs or psychotropic substances against a person who comes forward himself asking for treatment. This is the article people usually mean when they say an addict can be treated "without accountability".

The idea is clear: the law wants to encourage addicts to seek help before they reach the court. So it made a voluntary request a reason that prevents a case from being brought at all, not just a circumstance that reduces the penalty.

Who can ask for treatment?

The law does not require the addict to come forward himself. Article 42 allows the request to be made by:

• The user or addict himself.
• One of his ascendants, such as his father, mother or grandfather.
• One of his descendants, such as his son or daughter.
• His wife, or her husband.
• One of his relatives.

This matters for families. If your son or husband refuses to admit the problem, you can start the process yourself, and the same rule applies: no case is brought against him for drug use.

What condition must always be met?

Article 42 requires handing over any narcotic drugs or psychotropic substances the user or addict has, if any, or showing where they are. Article 31 of the Implementing Regulations sets out what happens next:

• The substances are handed to the authority the person comes to, and this is recorded in an official report sent to the Anti-Narcotics Directorate.
• If the person only shows where they are, the police seize them where there is no Anti-Narcotics Directorate in the region.

The bar on bringing a case is linked to use and addiction. Other acts, such as dealing, or a crime committed under the influence of the substance, have their own separate rules in the law.

Where is the request for treatment made in Saudi Arabia?

Article 44 created a committee called the "Committee for Addiction Cases", formed by a decision of the Minister of Interior in agreement with the Minister of Health. Under Article 33 of the Implementing Regulations, its duties include deciding which bodies receive treatment requests from the addict himself or his relatives, setting the procedures for receiving them, and setting safeguards to protect the confidentiality of information.

Confidentiality has an express text. Article 51 of the law requires addicts to be treated in complete confidentiality, with their identity and all information about them kept secret. Any person involved who discloses this is punished with imprisonment of up to three months or a fine of up to SAR 30,000. Fear of exposure is what delays many families, and this text was written to reassure them.

In other words, the law does not name a specific hospital. The committee decides which bodies receive requests, so it is best to ask the competent health authority in your region where the approved place to apply is.

Under Article 33 of the Implementing Regulations, the committee includes representatives of the Ministry of Interior, the Ministry of Health, the authority responsible for social affairs, the investigation and prosecution authority (now the Public Prosecution) and the National Committee for Narcotics Control. This shows that the matter is viewed from a health and social angle, not only a security angle.

What practical steps should the family take?

• Agree on who will make the request: the addict himself, or one of his parents, children, spouse or relatives.
• Ask the competent health authority which body is approved to receive treatment requests in your region.
• If he has drugs, the law requires them to be handed over or their location shown. Do not keep them at home.
• Keep proof of the date the request was made. It is what links the case to Article 42(1).

How is a voluntary request different from court-ordered treatment?

Many people confuse the two routes. Article 43 deals with an addict whose case has reached the court. It allows the court to order him to be placed in a treatment centre instead of imposing the penalty. This is different from a voluntary request, which prevents a case from being brought in the first place.

Article 32 of the Implementing Regulations places limits on court-ordered placement. A person who has already been placed twice by court order cannot benefit unless three years have passed since the last placement order, and neither can a person who committed a crime under this law during treatment. At the prosecution's request, the court may cancel the placement order if treatment is not working, if the person does not meet his obligations, or if he breaks the centre's rules. If the person commits a crime under this law during treatment, Article 45 requires the prison sentence to be served after deducting the time spent in the centre.

In court-ordered placement, the person does not leave just because a period he chose has ended. The regulations link release to a medical report confirming that his condition is stable, and allow the period to be extended based on a report on his condition prepared by the centre before it ends. The extension order is issued by the judge.

What other alternatives to punishment exist?

• A psychiatric clinic: instead of the penalty for drug use, Article 50 allows the court to require a person whose addiction is proven to attend a specialised psychiatric clinic. The clinic's doctor sends a report within three months to the Committee for Addiction Cases, which decides whether the visits stop or continue.
• Closing the investigation for a first offence for a person aged 20 or under, if the use is not connected with a serious crime, a traffic accident that caused deaths, or strong resistance at arrest (Article 42(2)).
• A person arriving on a Hajj or Umrah visa with a quantity not exceeding his personal need: the Minister of Interior may decide only to deport him (Article 47).

If you are thinking of asking for treatment for a relative, timing is decisive. The protection in Article 42(1) is linked to coming forward for treatment, and the earlier this happens, the clearer the path.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for the addict and his family

If you want treatment for yourself:

• Come forward before you are caught. The protection in Article 42(1) is based on taking the initiative.
• Hand over what substances you have or show where they are. This condition cannot be skipped.
• Keep proof of the date you came forward for treatment and the body that received you.
• Complete the whole treatment plan. Stopping treatment or committing a crime during placement changes your position.

If you are the family of an addict:

• Make the request yourselves if he refuses. The law accepts requests from parents, children, spouse and relatives.
• Ask the health authority in your region which body is approved to receive requests.
• Do not keep the substances at home. Hand them over with the request.
• Ask clearly for confidentiality. It is a right set out in Article 51.

Treatment is a brave step, and timing makes the difference. If you have a question about the legal position before coming forward, write to us on WhatsApp in complete confidence, and we will explain the safest route.