Rehabilitation For Drug Offenders

The initiative for rehabilitation is developed, inter alia, considering the attempt to approach drug offenders and present a more holistic approach as one of the major constituents of Anti-Drugs Law. The relaxation in the stringent provisions against drug offenders provides a pathway for the betterment of addicts who seek assistance and to exempt penalties. The recent amendment in the Narcotics Law (Federal Law Number 8 of 2016) aims to preserve the drug offenders willing to surrender for rehabilitation or those who seek treatment for addiction. The amendment prevents the prosecution of such cases, yet fine may be imposed upon the discretion of the public prosecution.

Additionally, the law establishes an Addiction Treatment unit head by Treatment Supervision Committee for treating patients or addicts in the concerned rehabilitation centre, subjected on the fact the offender willing resorts to treatment directly to the public prosecutor or to the Committee. As indicated by the UAE Government, the recent revisions in the Law are in light of a legitimate concern for society everywhere as drug addicts are generally socially ostracized and the procedure will enable them to hold their sound life. While, for ordinary offenders or drug dealers, the law inflicts unforgiving punishments so as to battle drug bane in the general public. The Criminal Lawyers of Dubai, through this article, will direct the readers a way to assist their family or friends for seeking requisite treatments before the rehabilitation centre rather than facing stricter penalties, if caught. Generally, people confuse the offence of a misdemeanour with a felony. However, it is pertinent to understand that, according to the new law, and drug abuse is a misdemeanour rather than a felony, considering the exit of rehabilitation unless someone is benefiting from the sale.

The Narcotics Law is applicable to all the individuals residing within the country irrespective of their nationality. It even includes those who are visiting the country for business or leisure or even in transit at UAE airports. Nevertheless, the concerned exemption is not applicable to drug dealers or traffickers. Furthermore, any individual willing admitting his guilt and seek for rehabilitation will be offered a rehabilitation program for a maximum period of 2 years and may involve ongoing health check post the said period. Compared to the previous law wherein, the offenders were detained for 4 years along with a fine of AED 10,000; the government has witnessed a number of drug addicts looking for rehabilitation.

Importantly, family members are also allowed to reach out to public prosecutor or rehabilitation centres. However, it is restricted only to first-line blood relatives such as a spouse, parents/guardians or siblings. Upon submitting an application, the offender will be referred to the rehabilitation program, nonetheless, should the offenders fails to co-operate with the authority, his rehabilitation procedure will be deem invalid and he will be subject to the relevant penalties as mentioned under the Narcotics Law and will not be exempted under Article 43 of the law.

In a nutshell, we believe that the program is a significant initiative for the treatment of individuals with drug abuse disorders in alliance with the criminal justice system and as an alternative way to prosecution.

Awatif Mohammad Shoqi Advocates & Legal Consultancy is a full-service law firm in UAE committed to delivering sound judgment to its clients on their most difficult and important matters.