Punishment for Drug Possession in Saudi Arabia: First-Time Use

Saud, 24, is stopped at a checkpoint with a small piece of hashish. He says it is for his own use, and it is the first time he has been arrested. The direct answer: possession for personal use is punished under Article 41 of the Anti-Narcotics Law with imprisonment from six months to two years, and the court may go below the minimum for valid reasons. Closing the investigation for a first offence is available only to people aged 20 or under, with other conditions. Saud cannot benefit from it because of his age, but treatment alternatives remain open to him if his addiction is proven.

What does Saudi law say about possessing drugs for personal use?

The Law on Combating Narcotic Drugs and Psychotropic Substances (the Anti-Narcotics Law) distinguishes between a person who carries a substance to sell it and a person who carries it to use it himself. Article 41 covers a person who commits one of the acts listed in Articles 37 and 38, such as possession, buying or receiving, if his purpose is consumption or personal use, outside the cases licensed by law.

The penalty in this case is imprisonment of not less than six months and not more than two years. This is much lighter than the penalty for possession for trafficking or promotion (dealing), which starts at five years under Article 38. So the most important question in the case becomes: what was the purpose of the possession?

The words "outside the cases licensed by law" are not a formality. The law regulates the possession and dispensing of some narcotic and psychotropic medicines by medical prescription. A person who uses a medicine prescribed to him within the licensed limits does not fall under this article.

The purpose is not presumed either for you or against you. The law does not set a weight that separates personal use from dealing. The court decides the purpose from the circumstances of the arrest, the evidence and the statements of the accused. The Implementing Regulations use, in another provision, the standard of possession that "does not exceed personal need", which shows how the quantity is viewed.

Article 30 of the Implementing Regulations confirms that if the judge decides to imprison a user, the sentence may not exceed the maximum in paragraph 1 of Article 41, that is, two years.

When is the penalty for drug use increased?

Paragraph 2 of Article 41 requires a heavier penalty in two cases:

• The user is a person responsible for combating drugs or supervising their possession and circulation, or whose job is connected with these substances.
• He uses the substance, or is under its influence, while performing his work.

The text says the penalty is "increased" without setting a new figure, so the court decides how much. The second case is not limited to people working in security agencies. It covers anyone proven to have been under the influence of the substance while doing his job, whether an employee, a driver or a worker in a private business.

Can a first-time drug case be closed without trial?

Yes, in specific cases. Paragraph 2 of Article 42 allows the investigation to be closed (hifz al-tahqiq) in cases of drug or psychotropic substance use for the first time, if all of these conditions are met:

• The accused is not older than twenty.
• The use is not connected with another serious criminal offence.
• The use is not connected with a traffic accident that caused deaths and created private rights of others against the accused.
• He did not resist strongly when arrested in a way that harmed the arresting officers or others.

The word "may" matters here. Closing the case is a discretionary power of the investigating authority, not an automatic result for everyone arrested for the first time. If you are over twenty, or one condition is missing, this rule does not apply and the case is handled under Article 41.

Article 31 of the Implementing Regulations explains that "use cases" in this paragraph means the acts punished under Article 41 when done for consumption or personal use, and that closure follows the Law of Criminal Procedure. It also requires the authority that closes the investigation to inform the regional Anti-Narcotics Directorate so the case is recorded in special records.

A 19-year-old is caught with a small amount for his own use. He was not driving and did not resist arrest. In this case, the investigation may be closed if it is the first time.

A 28-year-old in the same situation does not meet the age condition, so he cannot benefit from closure. The court decides his penalty within the limits of Article 41, and may consider treatment as an alternative if his addiction is proven.

What if you ask for treatment before you are caught?

Here the rule is completely different. Paragraph 1 of Article 42 prevents a criminal case for drug use against a person who comes forward himself asking for treatment, or whose parent, child, spouse or relative asks for it on his behalf, on condition that he hands over the substances he has or shows where they are. The text does not limit this route to a certain age or to a first offence.

Can treatment replace the penalty?

If a person's addiction is proven by a medical report from a specialised treatment centre, Article 43 allows the court to order him to be placed in the centre instead of the penalty. Article 32 of the Implementing Regulations lists among the cases where this is allowed: an addict convicted of use without another crime, and a person who possessed the substance only for consumption within his personal need. Treatment lasts from six months to two years, and the court may go below the minimum. A person who has already been placed in a centre twice by court order cannot benefit unless three years have passed since the last placement. Article 50 also allows the court, instead of the Article 41 penalty, to require a user whose addiction is proven to attend a specialised psychiatric clinic.

Even without addiction, Article 60 allows the court to go below the minimum prison term in Article 41 if the accused's character, past, age or circumstances give reason to believe he will not reoffend. The reasons must be stated in the judgment.

Closing the investigation does not mean the case was not recorded. The regulations require it to be entered in special records at the Anti-Narcotics Directorate. This is what makes a second time different from the first.

What happens after the prison sentence ends?

Drug use is one of the acts made a crime by Article 3 of the law, so Article 56 applies to it. A Saudi citizen who is convicted is banned from travelling outside the Kingdom after his prison term ends for a period equal to the prison term, and not less than two years. The Minister of Interior may permit travel in case of necessity. A non-Saudi is deported after serving the sentence and is not allowed to return except as permitted by Hajj and Umrah instructions. For example, a Saudi sentenced to six months in prison remains banned from travel for two years after release.

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 accused and his family

If you are the accused:

• You have the right to know the charge and to have a lawyer during the investigation and the trial.
• Do not sign a statement you have not read or understood. If Arabic is not your language, ask for an interpreter. How your purpose is described in your statements decides which article you are tried under.
• If you are 20 or under and this is the first time, ask for closure of the investigation to be considered under Article 42(2).
• If you really suffer from addiction, ask for a medical report and for placement in a treatment centre or a psychiatric clinic to be considered instead of the penalty.

If you are a family member:

• Contact a lawyer early to find out the stage of the case and his rights during detention.
• Collect what helps show his personal circumstances: his studies, his work, his clean record.
• If he needs treatment, ask about the route through an approved treatment centre rather than waiting for the judgment.

Results in first-time cases vary a lot with age, circumstances and how the arrest happened. Send us the situation confidentially on WhatsApp, and we will explain the legal options available at its stage.