The UAE has historically upheld a zero-tolerance approach to drug-related offenses, including cannabis. Until recently, even small quantities of cannabis could lead to immediate imprisonment and mandatory deportation, especially for non-citizens. However, the legal framework has shifted in recent years, offering more measured and rehabilitative responses, particularly for first-time offenders and tourists.

Cabinet Resolution No. 43 of 2024, together with Federal Decree-Law No. 30 of 2021, now governs the possession and importation of narcotic and psychotropic substances, including THC and cannabis-based products, at UAE entry points.

Legal Framework: What Remains Illegal

Cannabis and its derivatives remain prohibited substances in the UAE. They are classified under various schedules of Federal Decree-Law No. 30 of 2021, including:

• Schedule 1, Clause 29 – Cannabis, resin, and extracts
• Schedule 4, Part 2, Clause 8 – Cannabis sativa
• Schedule 5, Clause 34 – Tetrahydrocannabinol (THC)
• Schedule 6, Clause 4 – Delta-9-THC and variants

This means possession, use, or distribution remains illegal—but enforcement and penalties have evolved significantly.

Cabinet Resolution No. 43 of 2024: Targeting Non-Residents at Entry Points

Cabinet Resolution No. 43 introduces a procedural framework for non-residents carrying personal-use quantities of controlled substances at UAE ports of entry (e.g., airports). It expands upon Article 96 of the 2021 law and provides a more structured, administrative handling of such cases.

Key features include:

• Fines ranging from AED 5,000 to AED 20,000 for first-time offenders
• Entry into the UAE permitted only after fine payment
• Repeat violations may trigger a 2-year entry ban
• Seizure of the substances and administrative reporting

This resolution offers a more predictable and lenient process for tourists, while maintaining strict prohibitions on use within the country.

Article 96 of the 2021 Law: Decriminalization at the Border

Article 96 marked a pivotal change – it decriminalized possession of cannabis-based products at UAE entry points, under the following conditions:

• The items must be for personal use
• It must be a first-time offense
• The person must not consume the substance in the UAE

Upon detection, authorities seize the product, file an administrative report, and block entry of the substance—without criminal charges.

This applies to both tourists and residents, although Resolution 43 has added further procedural clarity for non-resident foreigners.

Quantities Table: New in 2024

Resolution 43 introduces a substance quantity table, which provides defined thresholds for permissible personal-use quantities of certain substances (e.g., CBD, low-THC items). This is a major development, especially for travelers carrying:

• CBD lip balm
• Oils labeled as “non-psychoactive”
• Personal-use edibles or creams

However, any quantity exceeding the permitted limit—or mislabeled products—can still result in confiscation or investigation.

Practical Enforcement Trends (2023–2024)

Recent legal practice reveals heightened scrutiny at ports of entry:

• Product labeling and branding are carefully examined
• Chemical composition is tested regardless of label claims
• Even “CBD-only” products may be seized if trace THC is present

Travelers should understand that intent is irrelevant – only the substance’s actual content matters.

Consumption and Court Penalties

Article 42 of the 2021 law sets out penalties for cannabis consumption, even in personal-use scenarios:

• First-time offense: Jail (minimum 3 months) or fine (AED 10,000–100,000)
• Second-time offense (within 3 years): Jail (minimum 6 months) or fine (AED 20,000–100,000)
• Third-time or more: Jail (minimum 6 months) or fine (AED 50,000–200,000)

Importantly, courts now have discretion to issue fines instead of mandatory jail time – a significant shift from prior legislation.

Deportation: No Longer Automatic

Article 75 now allows for judicial discretion regarding deportation of non-citizens in personal-use drug cases. Specifically:

• First-time offenses
• Personal possession or consumption

Deportation is no longer mandatory. Courts can now waive deportation, particularly in cases of non-trafficking offenses.

Case Example: Acquittal at Dubai Airport on March 2024

A Syrian national was detained at Dubai International Airport with THC-laced vape products. Authorities charged him with possession and consumption.

• The court cited Article 96 and found no intent to distribute.
• It was his first offense.
• The court acquitted him of possession, citing constitutional rights and lack of evidence beyond reasonable doubt.

This case exemplifies how the reformed legal framework is being applied in real-world cases, offering more protection for non-residents who meet the conditions of the law.

Critical Warning: Medical Cannabis Remains Prohibited

Regardless of legal prescription in one’s home country, medical cannabis is not recognized in the UAE. This includes:

• Prescription oils or capsules
• Inhalers or edibles
• Cannabis-infused creams or tinctures

Travelers – especially from countries like the US, Canada, or EU – should refrain from bringing any such products into the UAE. Doing so may result in confiscation, fines, or prosecution.

Strategic Takeaways

• Tourists: Avoid carrying THC or cannabis products, even if legal in your country.
• Residents: Possession or consumption still carries serious penalties and potential visa implications.
• First-time offenses: May be treated leniently, but do not rely on this.
• Labeling matters: Even trace THC or ambiguous labeling can trigger legal action.
• Legal counsel: Seek qualified legal representation if facing any charges.

الخاتمة

Cannabis remains illegal in the UAE – but the legal landscape has evolved. There is now greater leniency, legal structure, and discretion in how the law is applied, especially for first-time offenders at UAE borders.

That said, this is not a license to take risks. If you are traveling to the UAE, leave your cannabis products at home – medical or otherwise. The consequences are real, and the legal relief now available is narrow and conditional.