Drug Use vs Possession vs Dealing in Saudi Arabia: Penalties

A patrol stops three young men, and each has almost the same small bag. The first says he uses it. The second says he was taking it to a friend. On the third one's phone there are price messages and money transfers. The facts look the same, but the legal description may differ between them, and with it the penalty, from months to many years.

The direct answer: under the Anti-Narcotics Law, the penalty for possession depends on its purpose. Possession for consumption or personal use falls under Article 41. Possession with no purpose of use or dealing (simple possession) falls under Article 39. Possession for trading or dealing falls under Article 38. Smuggling, receiving from a smuggler, and importing for dealing belong to Article 37.

What does "possession" mean in Saudi drug law?

Possession here does not mean ownership. It is enough that the substance is in your hands and under your control. That is why it may be attributed to the person in whose car, room or bag it was found. So the first question in any case is: was the substance under this person's control, and did he know about it? Then comes the second question: for what purpose did he have it?

The laboratory report decides the type of substance, but it does not decide on its own who possessed it, whether he knew, or his purpose. These are proven by the rest of the case file: the place of arrest, the statements, messages, transfers and how the substance was stored.

What is the difference between use, simple possession and dealing?

Articles 37, 38 and 39 also mention flogging alongside imprisonment and the fine. However, in 2020 the General Panel of the Supreme Court adopted a judicial principle that courts should not impose flogging as a ta'zir (discretionary) penalty, and should use imprisonment, a fine, both, or alternative penalties instead, as announced by the Human Rights Commission and reported in the local press. This is why the table shows only imprisonment and the fine. Under Article 60, the court may go below the minimum prison term in Articles 37 to 41 if the accused's past, age or circumstances give reason to believe he will not reoffend, with the reasons stated in the judgment.

What is simple possession, and why does it matter?

Article 39 deals with a person who possesses, transports, delivers or receives the substance knowing what it is, without intending to sell it, deal in it or use it. The clearest example is a person carrying a bag for someone else while knowing what is in it. The penalty is higher than for a user and lower than for a dealer.

This is exactly why the first statements in the investigation matter. A person who says "this is mine and I use it" is closer to Article 41. A person who says "I was taking it to someone" may move from use to simple possession or dealing, even if the quantity is small. Understand the charge you are being asked about before you answer. Tell the truth, but do not volunteer explanations whose effect you do not know. If Arabic is not your language, ask for an interpreter.

Is giving or delivering drugs for free considered dealing?

It may be. Article 38 lists many forms: selling, buying, financing, delivering, receiving, transporting, exchanging and brokering. It states that the act is punished if done for trading or dealing "with or without payment". So the absence of a price does not decide the description on its own. The real question is: was the purpose to pass the substance on to others and circulate it?

The same article increases the penalty in certain cases, including when the act or part of it happens in a mosque, an educational institution or a correctional facility, when the substance is heroin, cocaine or something equally dangerous, when a minor is used or given the drug, or when a place is prepared for drug use in exchange for payment.

When does a case reach Article 37?

Article 37 is not limited to people who cross the border with the substance. It also covers a person who received it from a smuggler, a person who imported, grew or received it for dealing, and anyone who took part in this by agreement. So the source of the substance and how it reached you may decide the description more than its quantity.

Two situations linked to previous convictions also fall under it: dealing a second time after a previous conviction for dealing, and dealing for the first time by a person previously convicted of smuggling, receiving from a smuggler or importing for dealing. That is why families should follow the description in the first judgment carefully, because it may raise the description of any later case.

How is intent proven, and is there a quantity limit?

The law does not set a weight that separates personal use from dealing, or a fixed list for proving intent. The court decides it from all the evidence: quantity, packaging and division, amounts of money and transfers, conversations, tools seized, and the statements of the accused and those with him. Article 32 of the Implementing Regulations uses the standard of possession for consumption "not exceeding his personal need or use". This shows the direction, not a fixed number.

If the substance seized is a medicine, the medical prescription and dispensing records are important documents for checking whether the possession was lawful. But they do not permit any quantity, and a medicine dispensed to one person does not allow another person to carry or deliver it. The classification of the substance itself depends on the schedules attached to the law. On 4 September 2026, the official gazette Umm Al-Qura published general provisions on these schedules issued by the Ministry of Health and the Saudi Food and Drug Authority. They include a ban on bringing in or importing products containing cannabidiol (CBD) extracted from herbal sources. So do not rely on an old list or a brand name to judge a particular substance.

A person is caught with a small quantity, says he uses it, and nothing in the file suggests otherwise. Article 41 is the closest.

If messages are found on his phone offering to sell to others, the case may move to Article 38 even if the quantity is small.

If he was carrying the bag to his friend knowing what was in it, without selling or using it, Article 39 is the closest. If he claims he did not know what was in the bag, saying "it is not mine" is not enough. His link to the owner, the messages and the way it was handed over will be examined.

Does the description also decide treatment and case closure?

Yes. Article 42 prevents a case for use or addiction if the person comes forward himself, or a parent, child, spouse or relative comes forward asking for his treatment, on condition that he hands over the substances he has or shows where they are. Its second paragraph allows closing the investigation in use cases for a first offence under conditions, including that the accused is not older than twenty, that the act is not connected with another serious crime or a traffic accident that caused deaths, and that he did not strongly resist arrest.

These doors are open only to the description of use. Article 43 allows an addict to be placed in a treatment centre instead of the penalty, Article 50 allows the court to require him to attend a psychiatric clinic instead of the Article 41 penalty, and Article 51 requires his treatment to be completely confidential. A dealing or smuggling charge cannot be closed by a treatment request. Article 41 also increases the penalty for a user who works in combating or supervising drugs, or who used or was under the influence of the substance at work.

After a conviction for any of these crimes, Article 56 bans a Saudi from travel after his prison term ends for a period equal to the prison term and not less than two years, and a non-Saudi is deported after serving the sentence.

The description also decides whether you stay in detention during the investigation. Attorney General's Decision No. (1) dated 1/1/1442H treats as a major crime requiring detention any crime punishable by law with more than three years in prison, so dealing and smuggling under Articles 37 and 38 are included. Use and possession for personal use under Article 41, where prison does not exceed two years, are not included on this basis, except for shabu (methamphetamine): in March 2025 the local press reported Attorney General's Decision No. (110) dated 1/9/1446H, which adds every offence connected with it, including use and possession for personal use, to the major crimes requiring detention.

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:

• Ask for the official description of the charge and the article the prosecution relies on. It decides the penalty and the routes available to you.
• Do not volunteer statements about passing the substance to others or bringing it for friends before you understand their effect on the charge.
• Discuss the evidence of intent with your lawyer: quantity, packaging, money and conversations, and what explains them differently.
• If the substance is a prescribed medicine, present the prescription and dispensing records. Do not create a document or delete messages.
• If you suffer from addiction, ask for it to be proven by a medical report from the competent authority. This is the entry to Articles 43 and 50.

If you are a family member:

• Do not rely on an early description you heard. Ask for the official charge and its article.
• If your son uses drugs and no case has been opened yet, coming forward to request his treatment and handing over what he has prevents a case under Article 42.
• Collect evidence of his circumstances, behaviour and clean record. It may help the court when considering going below the minimum.
• Contact a lawyer before the investigation sessions, not after the indictment is issued.

The legal description changes the whole course of the case. If you send us a summary of the facts confidentially on WhatsApp, we will explain the closest description and what can be raised at the investigation stage.