Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only regular legal podcast. My name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm, HPL, Yamalova & Plewka. And as ever, here is the Managing Partner, Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to see you too, Tim, especially here in our new setup. You look a lot more comfortable.
Tim Elliott
I am reclining happily today. Thank you. Normally you sit me at a desk.
Ludmila Yamalova
Exactly. We tried the desk, but I thought this time around we could do a different setup and see if our creative juices will flow more freely in this relaxed format. Let me know if that happens.
Tim Elliott
Now look, today I’m going to go straight from a light mood to a reasonably sensitive topic, particularly here in the UAE—drugs. Specifically, let’s talk about cannabis or marijuana.
Historically, the UAE has been categorically intolerant when it comes to narcotics and illegal drugs. We’ve discussed changes to the penal code on this podcast fairly recently, and you can find that online. But we’ve seen some changes, haven’t we, regarding legal attitudes toward drugs. It would be fair to say.
Ludmila Yamalova
Indeed, as you said, and as we’ve discussed in a previous podcast, prior to 2021, the UAE had a strict, unequivocal position towards any form of drugs.
Before 2021, all drugs were treated as equals. It didn’t matter what type of drug it was, its purpose, the amount, or its form. The blanket policy was that drugs were illegal and always resulted in jail time, typically a minimum of two years, financial fines, and eventual deportation.
This stance applied equally to cannabis and marijuana. However, as part of broader legislative reform in 2021, the UAE repealed the old law—Federal Law No. 14 of 1995—and introduced a new framework under Federal Decree Law No. 30 of 2021 on Anti-Narcotics and Psychotropic Substances.
This new law brought a more nuanced approach. It distinguishes between types of drugs, the nature of the offense (possession, use, trade), and the circumstances, such as whether the offender is a first-timer or a repeat violator.
Tim Elliott
So, how is cannabis treated under this law compared to other drugs?
Ludmila Yamalova
Cannabis is treated somewhat differently from other drugs. While it is still illegal, the law is more lenient toward personal use or possession of cannabis compared to substances like cocaine or heroin. This shift aligns with global trends where cannabis is increasingly viewed as a less harmful substance.
However, it’s crucial to reiterate that there is no legalization of cannabis or any other drug in the UAE. The use, possession, or trading of cannabis remains illegal, but the punishment is less severe than it used to be.
Tim Elliott
You mentioned case studies earlier. Can you walk us through one that highlights how this law is applied in practice?
Ludmila Yamalova
Certainly. One particular case comes to mind, which occurred during the height of COVID-19.
A long-term UAE resident received a care package from their home country. The package contained everyday items like chocolates, drinks, and socks. However, inside one of the socks, authorities found vapes. These vapes contained THC, a derivative of cannabis.
The recipient claimed to be unaware of the contents and argued that it was an innocent mistake. However, when a urine test was conducted, traces of cannabis were found in their system. This suggested that the person had used the substance before receiving the package, indicating that this wasn’t their first incident.
Because this occurred before the 2021 law change, the case was treated under the stricter framework. The person was charged with possession and importation of a controlled substance.
What made this case notable was the timing—it happened right as the laws were changing. During COVID, jails weren’t accepting new inmates, so the individual avoided a prison sentence. However, deportation was ordered, and it was upheld all the way to the Court of Cassation.
Despite their long-term residency and robust legal representation, the court was unequivocal in its decision to uphold the deportation.
Tim Elliott
That’s a cautionary tale if ever there was one. It shows that even small quantities or seemingly innocent mistakes can lead to serious consequences.
Ludmila Yamalova
Absolutely. This is why I always advise people to avoid taking risks. Even though the laws are now more lenient for first-time offenders, cannabis remains illegal in the UAE.
Tim Elliott
What would you say are the key takeaways for tourists or residents regarding cannabis in the UAE?
Ludmila Yamalova
First and foremost, understand that cannabis, in any form, is illegal in the UAE. Even if you’re traveling from a country where it’s legal, make sure your luggage and personal items are free from any traces of cannabis or cannabis-based products.
If you’re caught with cannabis:
- First-time offenders may face a fine of AED 10,000 to AED 100,000 or a minimum jail term of three months.
- Repeat offenders face harsher penalties, with fines ranging from AED 20,000 to AED 200,000 and potential imprisonment.
Additionally, the courts still have discretion to order deportation. For residents, this means losing your right to stay in the UAE permanently.
Tim Elliott
Possession of cannabis remains illegal, but the UAE has adopted a more balanced approach in recent years. Ludmila, thank you for sharing these insights.
Ludmila Yamalova
Thank you, Tim. Always a pleasure.
Tim Elliott
Thanks for watching or listening to Lawgical. You can find us at LYLaw on social media, and all our podcasts are free at lylawyers.com. If you have a legal question or need advice from a qualified UAE legal professional, click the contact button at lylawyers.com.
