The laws governing the control and usage of narcotic drugs have contemporarily attained a lot of attention for the last decade. Excepting few countries, Guest Posting all others prohibit and restrict the control, sale, manufacturing, buy weed online australia and usage of narcotics and illegal drugs such as cocaine, heroin, medical marijuana, ecstasy, and alike. Analyzing the statistics, UAE in 2018 has witnessed a awful increase in the usage and control of drugs.
The legality and illegality of a drug generally rely upon its use as for what purposes the drug will be utilized. Narcotics drugs, if used for the purpose of medicines can cure severe diseases, however, if taken without a prescription and for illegal use can make an individual an addict. For instance, medical marijuana might help in curing cancer, amphetamines are used for treating attention-deficit disarray, and barbiturates are used for addressing anxiety issues. On the other hand, illegal and un-prescribed drugs pose an upcoming threat to the individual or society. Thus, every country issues a legislature in order to restrict or prohibit the illicit use of narcotics and illegal drugs in the country. Accordingly, UAE Has promulgated laws regarding use of such drugs and criminal penalties for those who possess these drugs without a relevant prescription. Beware should be those, who travel in UAE with un-prescribed medicines and illicit drugs for personal use.
For the sole reason of conserving securing and a healthy society, the lawmakers of UAE have issued stricter punishment for those who traffic drugs than those who possess drugs for personal use. It is evident from the recent efficiencies in the Drugs law where the authority has generated an Addiction Treatment Unit checked by Treatment Watch Committee (the Committee) which will treat the individual as a patient and not as an addict which will assist him in his progress of rehabilitation and integration. The offender will only be given to the Committee if he presents himself directly either to the Public Prosecutor or the Committee itself.
According to the UAE Government, the foreign efficiencies are in the interest of society most importantly as drugs buffs are often socially outcasted and the process will help them retain their healthy life. Whereas, for regular offenders or drug traffickers, regulations imposes harsh penalties in order to combat the widespread of bane in society. The Criminal Lawyers of Dubai, through this article, will guide their readers to understand the criminal consequences of possessing illegal and narcotics drugs in UAE. Released will further provide a detailed list of disallowed drugs in the country.
What are the laws managing control of Narcotics and illegal drugs in UAE?
The Federal Law Number 8 of 2016 concerning the Combatting of Narcotics Substances (the Drugs Law), governs the control and usage of narcotics drugs. Regulations imposes penalties on that manufacture, sell, use, possess, and import-export disallowed drugs in the country. As per Article 6 of the Drugs Law, the importance, export, manufacture, production, control, procurement or abuse of a narcotic drug mentioned in the law is strictly disallowed. However, in several cases, regulations allows the user to have control of narcotics or psychotropic substances, based on the weight which should not exceed a prescribed limit and then a prescription.
UAE has signed several treaties and events on narcotics and psychotropic substances and their usage. The foregoing events lay down control measures which ensure that the narcotics and psychotropic substances are not readily available to the layman. The events main objectives involves:
Allowing narcotic and psychotropic substances only for medicinal and scientific purposes;
Prevent the illegal use of such drugs;
Eliminate drug trafficking.
The Drugs Law provides the employment of such events, and Federal Law Number 4 of 1983 regarding Pharmaceutic Profession and Establishment highlights the basic requirements to buy and sale of prescribed medicines.
What criminal charges can be filed against an individual who is detained due to control of narcotics drugs or was traveling with illegal drugs in the country?
As per Article 6 of Drugs Law, the control, manufacturing or selling of narcotics drugs is strictly detained. Thus, anyone found with illegal drugs will be straightaway caught either at the airport if visiting UAE or elsewhere. The matter will be then utilized in the public prosecutor, who will then draft a report, post receiving the lab result on such drugs, in order to determine the criminal objective of the offender. In the meanwhile, the offender can seek bail either through financial and/or personal guarantee; however, considering the gravity of the offence, the court might not grant bail.
Once the report is drew up, the matter will likely then be referred to the criminal court for adequate punishment. The penalties prescribed regulations depends on various factors which will be discussed below. The minimum word for such offence is 4 (four) years along with a fine not less than AED 10, 000 and deportation in some cases.
What are charges for posting, transferring or transporting narcotics drugs in the country?
Pursuant to Article 10 of the Drugs Law, the importance and export of narcotic and psychotropic drugs are disallowed without written certification from the Competent Management Authority. In which, Article 11 lays down the list of competent authorities; whose written confirmation can be employed in posting and transferring narcotic drugs, which are as follows:
UAE Government and recognized institutions;
Government or licensed nursing homes or clinics;
Licensed scientists, chemical analysts or laboratories;
Licensed pharmacies or storehouse or pharmaceutic producers;
Agents of pharmaceutic companies or producers, authorized to do such profession.
The certification shall be in the name of the director or the relevant person, on the basis of the application form so signed. The competent authority has the foresight to just accept or turn down the application form or reduce the quantity for security reasons.
Regulations further restricts the certification to following individuals as mentioned under Article 12 of the Drugs Law:
Anyone who has been charged for breach of trust;
Anyone convicted under this law;
Anyone convicted for assault, file corruption error or any property related matter.
The narcotic drugs reaching the customs at UAE can only be released upon a written disengagement permit keeping the signature of the director of the business in the prescribed format, reference Article 13 of the Drugs Law. It is pertinent to note that the importance and export permit shall be considered null and void, if not utilized within 60 days.
What are the penalties for possessing and using narcotics drugs in the country?
The Drugs Law imposes a punishment on the drug addict who has used the drugs in different manner or for personal use without proper prescription as mentioned by the law. There is a distinction between the penalties based on the type of offence. The Lawyers in Dubai have gathered the list of violations under the Drugs Law and the equivalent punishment for the same as follows:
S. No. Offence Imprisonment Fine 1. Anyone who abuses drugs mentioned in Schedule 1, 2, 4 and 5 without specific certification Not less than 4 years Not less than AED 10, 000 2. Anyone who abuses mentioned in Schedule 3, 6, 7, and 8 without certification Not less than one year and not more than 36 months Not less than AED 10, 000 3. Anyone who abuses the narcotic drug or plant which is conducive to narcosis or harmful affect on the mind with such objective Not less than one year and not more than 36 months Not less than AED 10, 000 4. Anyone who induce or provoke another person to commit an offence under this law or facilitate the person with illegal drugs Not less than 5 years Not less than AED 20, 000 5. Anyone with the objective of causing harm induces or provoke other and thereby caused harm Not less than 7 years Not less than AED 20, 000 6. Anyone who controls or set up a place for using narcotic drugs mentioned in Schedule 1, 2, 4 and 5 Not less than 10 years and not more than 15 years Not less than AED 20, 000 7. Anyone who controls or set up a place for using narcotic drugs mentioned in Schedule 3, 6, 7 and 8 Not less than 7 years Not less than AED 20, 000 8. Anyone who mindful such a place or is apprehended that the person was his husband or wife Not less than few months and not more than one year Not less than AED 10, 000
- Anyone who imports, introduce, export, manufacture, produce or separated any drugs mentioned in schedule 3, 6, 7 and 8 Not less than 7 years and not more than 10 years Not less than AED 50, 000 and not more than AED 200, 000 10. Anyone who traffics or promotes use of such drugs Imprisonment for life Not less than AED 50, 000 and not more than AED 200, 000 11. Anyone who gets rid of the public official in charge for setup of the law Death Punishment
drugs are disallowed in the country?
The Drugs Law is designed with a non-exhaustive list of drugs divided in a variety of schedules which are disallowed and restricted to use unless authorized by the Law. The list of drugs is in line with the Single Convention on Narcotics Drugs, 1961 to which UAE is a signatory. Following are schedules showcasing disallowed drugs in UAE:
Acetorphine Acetyl – alpha dog – methlfentanyl Acetylmethadol Alfentanil Allylprodine Opium Alphacetylmethadol Alphameprodine Alphamethadol Alpha dog – methylfentanyl Alphaprodine Pethidine – intermediate – A Anileridine Benzethidine Benzylmorphine Betacetylmethadol Betameprodine Phenazocine Betamethadol Betaprodine Bezitramide Cannabis Clonitazene Proheptazine Coca leaf Cocaine Codoxime Concentrate of poppy straw Desomorphine Sufentanil Dextromoramide Diampromide Diethylthiambutene Difenoxin Dihydromorphine Opium Dimenoxadol Dimepheptanol Dimethylthiambutene Dioxaphetyl butyrate Diphenoxylate Pethidine – intermediate – A Dipipanone Drotebanol Ecgonine Ethylmethylthiambutene Etonitazene Oxycodone Etorphine Etoxeridine Fentanyl Furethidine Heroin Pethidine – intermediate – B Hydrocodone Hydromorphinol Hydromorphone Hydroxypethidine Isomethadone Phenomorphan Ketobemidone Levomethorphan Levomoramide Levophe nacy lmorphan Levorphanol Properidine Metazocine Methadone Methadone – intermediate Methyldesorphine Methyldihydromorphine Thebacon Methylfentanyl Metopon Moramide – intermediate Morpheridine Morphine Noracymethadol Morphine Methobromide Morphine – N – Oxide MPPP Myrophine Nicomorphine Noracymethadol Oxymorphone Oxymorphone Normethadone Normorphine Norpipanone Phenoperidine Piminodine Piritramide Piminodine PEPAP Pethidine Racemethorphan Thebaine Tilldine Trimeperidine Phenodoxone Phenampromide
Acetyldihydrocodeine Codeine Dextropropoxyphene Dihydrocodeine Ethylmorphine Nicocodine Nicodicodine Norcodeine Pholcodine Propiram
a) Acetyldihydrocodeine b) Codeine. c) Dihydrocodeine. d) Ethylmorphine. e) Nicocodine. f) Nicodicodine. g) Norcodeine. h) And Pholcodine.
The drugs above when a compounded with other ingredients and comprise not more than 100 milligrams of the drug on single dosage of a unit and with a concentration of not more than 2. 5 percent.
Plans of propiram composed of at least 100 milligrams of propiram for every dosage and compounded with the same amount of methylcellulose. Plans for mouth use consisting of not more than 135 milligrams of dextropropoxyphene base per dosage or with a concentration of not outperforming 2. 5 %, put through that such developments are not containing any substance controlled under the 1971 convention on Psychotropic Substances. Plans of cocaine containing not outperforming 0. 1 % of cocaine calculated as cocaine base and plans of opium or morphine containing not more than 0. 2 % of morphine estimated as anhydrous morphine base. It is compounded with several other ingredients and usual manner that the drug cannot be restored by readily applicable procedures or in a yield which might lead to a risk to public health. Plans of difenoxin containing, per dosage unit, not more than 0. 5 milligrams of difenoxin and some amount of atropine sulfate equivalent to at least 5 percent of the serving of difenoxin. Plans of diphenoxylate comprising of per dosage unit, not outperforming 2. 5 milligrams of diphenoxylate calculated as base and some amount of atropine sulfate equivalent to at least one percent of the serving of diphenoxylate. PULVIS IPECACUANHAE at EPII COMPOSITES:
· ten percent opium in dust.
· ten percent ipecacuanha root, mixed well in the dust.
· 80 percent of some other powdered substance containing no drug.
PART 1 PART 2 PART 3 Ergot mushrooms Cannabis, female or male, in all its designations, such as hashish, Kamanja, bangoo, etc Narcotic fibres of cannabis stems Plant seeds and inhalants of the plant known as “al-qubba Poppy Cannabis plant seeds which are roasted so as to definitely ensure non-germination Mushroom is known as “Crow nesting. ” Papaver Poppy plant seeds which are roasted so as to definitely ensure non-germination Fruits and stems of the plant known as “Tabernananna”; Coca Bast of the tree known as “Kaujnanth yohembi Kat The base of the plant known as “Mahar Babuna. ” Datura Plant seeds of the plant known as “Convolvulus tricolour. ” The plant is known as “Sakran. ”.