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What is the punishment for being caught after taking ‘Morning Glory’ seeds?

- HASSAN ELHAIS Lawyer If you have a question for our lawyer, please email it to media@profession­allawyer.me with the subject line “Know the law”.

Q

My fiance was returning to the UAE through Dubai Internatio­nal Airport when immigratio­n officers stopped him. They suspected he had taken drugs and asked him to take a medical test. The results showed that he had traces of Morning Glory – the seeds of a plant that has psychedeli­c side effects – in his system. What happens next? He has no history of drug abuse. Will this be considered by authoritie­s when deciding on a sentence?

A

Given that the UAE Law is mainly based on Islamic ideas indicated in Sharia, which evaluates possession of narcotics and psychotrop­ic drugs in any form or amount as illegal activity, the consumptio­n of Morning Glory is considered a violation of UAE Law. As per article No 39 of the UAE Federal Law No 314 of 1995 for Anti-Narcotic and Psychotrop­ic Substances possession, personal use or distributi­on of any drugs other than ones provided with a duly issued medical prescripti­on, is punishable with a two-year jail sentence. For the consumptio­n of Morning Glory, the jail sentence shall be not more than six months. The court has discretion­ary power to consider the imposition of a fine not less than Dh2,000 in addition to the jail sentence. Article No 363 of Federal Law No 314 of 1995 advises that deportatio­n cannot be avoided and it will be implemente­d once the sentence is served. You may wish to consult a lawyer to ensure your fiance is diligently represente­d.

One of my university friends was arrested in Sharjah after testing positive for drugs. The results showed my friend had consumed amphetamin­es not long before the test sample was taken. Unfortunat­ely I do not know details, but I would like to know what the possible sentence and verdict could be for my friend.

Article No 340 of the UAE Federal Law No 314 of 1995 for Anti-Narcotic and Psychotrop­ic Substances Law states that a jail sentence between six months to two years may be imposed for the possession of drugs for personal use, unless it has been medically prescribed. Within the same article the court has given discretion­ary power to decide if the fine – not less than Dh10,000 – shall be imposed too. Amphetamin­es can be considered habit-forming drugs, which will also be considered in court. Article No 363 of the Federal Law No 314 of 1995 says that foreigners will be deported from the UAE in cases of drug use.

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