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Law No. 9 of 1987 on Control and Regulation of Control and Regulation of Narcotic Drugs and Dangerous Psychotropic Substances (NDDPS)

Law Summary Record Type: LawNumber: 9Date: 06/04/1987 Corresponding to 07/08/1407 HijriNumber of Articles: 65Status: In force

Official Gazette :Issue: 4Offcial Journal Issue Publication Date: 01/01/1987 Corresponding to 01/05/1407 HijriPage from: 2899

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Sanctions

34 Article - Amended

Article 34

Whoever commits the following actions shall be punished by imprisonment for a term up to twenty years and not less than ten years with an accompanying fine up to three-hundred thousand (300,000) Riyals and not less than one-hundred thousand Riyals:
1. imports, with the intention of traffic in, or exports NDDPS before obtaining the permission provided for in Article 3 therein;
2. produces, extracts, separates or manufactures NDDPS with the intention of traffic thereof;
3. cultivates any one of the plants stated in Schedule 4 or exports or imports thereof; in any stage of their growth, including their seeds, with the intention of traffic in, or traffics therein, in any form other than the situations authorized under this Law,
Recidivists shall be punished with the death sentence or life imprisonment with a fine of not more than five-hundred thousand (500,000) Riyals and not less than three-hundred thousand (300,000) Riyals. In establishing recidivism, account shall be taken of all the judgments handed down by foreign courts carrying a conviction for an offence similar to those provided for in this law. The same penalty shall be applied where the offender was a public official or servant entrusted with combating NDDPS, or supervising their circulation or possession.
35 Article - Amended

Article 35

Whoever commits any of the following actions shall be punished with imprisonment for a term up to fifteen years and not less than seven years with an accompanying fine of up to two-hundred thousand (200.000) Riyals and not less than one-hundred thousand (100.000) Riyals.
1. Possesses, acquires, purchases or sells NDDPS, or one of the plants listed in Schedule 4, or who, delivers, receives, transports, administers, and exchanges thereof; or dispenses such substances in whatever capacity or intermediates in any of such transaction, for commercial purposes, or traffics therein, in any form other than the situations authorized under this Law;
2. Provides, for a consideration, NDDPS for illicit consumption, or facilitates this consumption in situations other than authorized under this Law;
3. Licenced to possess NDDPS to use for a specific purpose(s) and dispenses such substance for a consideration, in any capacity, in any form whatsoever for purposes other than those specified;
4. Manages, prepares or makes ready, for a consideration, a place for the illicit use of NDDPS.
Where the offences covered by subparagraphs (b), (c) and (d) herein are committed without a consideration, the penalty shall be imprisonment for a term up to seven years and not less than three years and a fine of not more than one-hundred thousand (100,000) riyals and not less than (50,000) riyals.

The punishment shall be imprisonment for a term of not more than twenty years and not less than ten years with an accompanying fine of not more than four-hundred thousand (400,000 Riyals) and not less than two-hundred thousand (200,000) Riyals in the case of recidivism. In establishing recidivism, account shall be taken of all the judgments handed down by foreign courts carrying a conviction for an offence similar to those provided for in this law.
The same penalty shall be applied where the offender has taken part in the commission of an offence covered by this article involving a minor under 18 years of age, or where the person to whom the NDDPS was supplied was a minor under 18 years of age, or where the offender was a public official or servant responsible for controlling NDDPS, or supervising the circulation or possession thereof.
36 Article

Article 36

The following shall be liable to imprisonment for a term up to ten years and not less than five years with a fine up to two-hundred thousand (200,000) Riyals and not less than one-hundred thousand (100,000) Riyals:
1. A physician who writes and dispatches a medical prescription that facilitates the use by others of NDDPS without medical justification;
1. Anyone who, knowing that a medical prescription is not justified, supplies or helps to supply a NDDPS prescribed therein for any person whatsoever.
37 Article - Amended

Article 37

Whoever imports, possesses, acquires, purchases, receives, transports, produces, extracts, separates or manufactures NDDPS, or who cultivates, possesses or purchases one of the plants listed in Schedule 4, with the intention of illicit consumption or personal use, unless he proves to be permitted to do so pursuant to the provisions of this Law, shall be liable to imprisonment for a term of up to five
years and not less than two years and a fine of not more than one-hundred thousand (100,000) Riyals and not less than fifty-thousand (50,000) Riyals, unless it can be established that he was authorized to do so in accordance with the provisions of this law.

The court may, in lieu of imposing the sentence provided for in the preceding paragraph, order the commitment of the person, whose addiction to NDDPS has been established, to one of the sanatoriums established for this purpose, until such time as the Committee responsible for examining the cases of persons committed to such sanatoriums, to be appointed by decision of the Minister of Public Health, submits a report on his condition to the court, which shall then decide whether he is to be discharged from the sanatorium or to remain committed for a further period(s).

The length of stay in the sanatorium may not be less than three months and not more than one year.

A person may not be committed to a sanatorium if they have already been committed to a sanatorium twice previously, or when less than two years have elapsed since the last episode of treatment in a sanatorium.
38 Article

Article 38

No criminal case shall be filed against a person, taking NDDPS, who proprio motu presents himself for treatment. Such patients shall be placed under observation in a sanatorium for a period not exceeding two weeks. If it transpires, that the patient is addicted to narcotics and needs treatment, he shall sign a consent accepting his committal to the sanatorium for a period not exceeding three months. If he is cured within that period, the administration of the sanatorium shall order his discharge.

If, in the opinion of such administration, after the expiry of the observation period the patient still needs treatment, or that he should remain at the sanatorium after the end of the three-month period, and the patient refuses to agree to this in writing, the
sanatorium administration shall submit a report to the committee provided for in article 37 above, which, after hearing the patient, shall decide whether he is to be discharged or kept on at the sanatorium for treatment for a further period(s), provided that the duration of his committal to the sanatorium shall not exceed one year. The administration of the sanatorium shall notify the patient in writing of a decision to extend his committal to the sanatorium within three days of the date on which it is announced. The decision ordering his discharge shall be implemented within twenty-four hours following its issuance.
The patient may appeal the decision extending his committal to the major Criminal Court within 15 days of the date on which he was
notified thereof.
39 Article - Amended

Article 39

Either spouse or any of the relatives to the second degree, of a person accused of addiction to NDDPS, may apply to the Public Prosecution section of the Ministry of Interior to commit such spouse or relative to one of the sanatoriums for treatment.

The public prosecution section, if satisfied of the seriousness of the application following due investigation and on considering the report of the committee referred to in Article 37 of this Law, shall commit such spouse or relative to the major Criminal Court to decide on the application, in camera. After hearing relevant testimony, considering testimony from the public prosecution section and reviewing the results of any investigations deemed appropriate, the application for treatment may either be dismissed or the subject of the application may be committed to a sanatorium for treatment pursuant to the second and third paragraphs of Article 37 of this Law.

The Court shall take its decision at a closed
session, after hearing the two parties to the accusation and the Office of the Public
Prosecutor as well as conducting such inquiries as it may wish.

The court may, either proprio motu, or upon a request made by the public prosecution section, order the person who is alleged to be addicted to narcotics, to be put under observation in one of the sanatoriums for a period not exceeding two weeks, before deciding on the application for inpatient treatment.
40 Article

Article 40

Commitment decisions passed pursuant to the provisions of Articles 37, 38 and 39 shall not be subject to appeal and shall not be deemed to constitute conviction for the purposes of recidivism provisions.
41 Article

Article 41

Whoever possesses, acquires, purchases, delivers, transports, produces, extracts, separates or manufactures NDDPS or one of the plants listed in Schedule 4, for purposes other than trafficking, illicit consumption or personal use, outside
the circumstances permitted by law, shall be punished with imprisonment for a term of up to seven years and not less than three years with an accompanying fine of up to two-hundred thousand (200,000) Riyals and not less than one-hundred thousand (100,000)Riyals.
41 Article (bis) (Repealed)
42 Article

Article 42

Anyone apprehended in any location set up or prepared for the consumption of NDDPS, shall, where such substances are taken with his
knowledge, be liable to imprisonment for a term of not more than one year and not less than six months with a fine of not more than ten-thousand (10,000 ) Riyals and not less than five-thousand (5,000 ) Riyals.

This provision shall not apply to the husband or wife, or ascendants or descendants, of a person who has set up or prepared such premises or to anyone residing thereof.
43 Article

Article 43

The public prosecution section of the Ministry of Interior may submit a substantiated written application to the major Criminal Court to investigate the actual origin of the property, both real and moveable, of everyone who has imported, exported, transported, distributed, produced, extracted, separated, manufactured, owned, possessed, acquired, sold, bought, delivered, or received NDDPS or any of the plants listed in Schedule 4, or who has exchanged, dispensed thereof in any form whatsoever; or intermediated in any of the above, or who has managed, prepared or made ready a place for the illicit consumption of NDDPS with the intention of trafficking, or traffics therein in situations not permitted by this Law.

This request for investigation shall be submitted to the president of the said court, who shall set a date for the hearing, and who shall notify all the parties concerned.

The investigation shall cover the real and moveable property of the defendant, his spouse and minor children located in and outside the country.
The court, for this purpose shall have all the powers prescribed for the investigation authorities in the Criminal Procedures Law No. 15 of 1971.

The court may deputize one of its members to carry out this investigation.
The procedures, provisions and rules set out in Law No. 15 of 1971, and the Rules of Procedure and Evidence prescribed by the law shall, each within its area of jurisdiction, be observed before the court.

Without prejudice to the rights of bona fide third parties, If it is established before the Court that the property of the offender, his spouse or minor children, have been funded by one the acts mentioned herein, the court shall order the confiscation of such property for the interest of the State.
44 Article

Article 44

In all cases, the court shall order the confiscation and requisition of the seized NDDPS, or plants mentioned in Schedule 4.
Without prejudice to the rights of bona fide third parties, the tools, equipments, machines and utensils used therein, and transport means that might have been used in committing the offence shall be forfeited.
45 Article - Amended

Article 45

NDDPS subject to an order for confiscation shall be destroyed under the supervision of a committee whose composition and rules of procedure shall be determined by a decision of the Minister of Interior. Such committee shall include a representative from the Ministry of Public Health.

The Minister of Interior may, in consultation with the Minister of Public Health, permit the delivery of such NDDPS to government authorities who may use them for regulated industrial or scientific purposes.
46 Article

Article 46

Anyone licensed to trade in, or have in his possession NDDPS, and does not keep the correct documentation provided for in Articles 20, 21 and 31 above, or who deliberately obscures such documentation, or hides it, or makes no entries therein, shall be punished with a fine of not more than twenty-thousand (20,000) Riyals and not less than ten-thousand (10,000) Riyals.
47 Article

Article 47

Whoever commits any other contravention to the provisions of this Law or of the decisions issued for enforcement thereof, shall be punished with imprisonment for a term of not more than three months and not less than one month, and/or a fine of not more than ten-thousand (10,000) Riyals and not less than five-thousand (5,000) Riyals.

Closure shall be decreed on contravening the provisions of Article 11 of this Law.
Offenders shall be suspended from practicing the profession for a period which is equivalent in length to the custodial sentence imposed for violating the provisions of Articles 16, 17, 19 and 20 of this Law.
48 Article

Article 48

Every establishment licenced to traffic in, or have possession of NDDPS, or any other uninhabited or non-residential premises, shall be closed if any of the offences provided for in Articles 34 and 35 are committed therein.
Any establishment in which one of the offences provided in Article 41 is committed shall be closed for a period of not more than one year and not less than three months. In cases of proven recidivism within three years of the previous closure decree, the establishment shall be closed permanently.
49 Article - Amended

Article 49

The execution of a sentence imposed against a recidivist on any of the offences provided for in this Law may not be stayed by any court decree.
In all cases, present judgments decrees shall be executable immediately even if appealed.
The court may order the publication of the final judgment summary in the daily press, at the expense of the convicted person.
50 Article

Article 50

Every offender who voluntarily and proactively informs the public authorities of an offence and offenders before it comes to the knowledge of such authorities shall be pardoned from the punishments prescribed in Articles 34, 35 and 51 in this law.
51 Article

Article 51

Whoever robs with the intention of illicitly using any NDDPS or preparations including NDDPS or any of the plants listed on Schedule 4, in any stage of their growth, or while being transported from a pharmacy, warehouse, pharmaceutical factory, government authority, scientific institute or research center licenced to traffic or deal in NDDPS or cultivation thereof, shall be punished with imprisonment for a term up to ten years and not less than five years.
Punishment shall be imprisonment for a term of up to fifteen years and not less than seven years, if the offence provided for in the preceding paragraph is committed by two or more persons by night or by assaulting any one of the persons in charge of such places, or with the intention of traffic in the stolen substances.
Punishment shall be imprisonment for a term not more than twenty years and not less than ten years, if the assault has resulted in permanent disability or grievous physical deformation that is irreparable or likely to be permanent, or if the offender carries a weapon, or if he is a public servant entrusted with keeping the peace.
Punishment shall be death if the assault resulted in the death of the victim.
52 Article

Article 52

Whoever assaults a public servant entrusted with enforcing this Law or who obstructs them discharging their duty by force and violence, shall be punished with imprisonment for a term up to fifteen years and not less than seven years.
Punishment shall be imprisonment for a term of not more than twenty years and not less than ten years if the assault resulted in permanent disability or lifelong damage or deformation to the victim, or if the offender carried a weapon, or if he is a public servant entrusted with keeping the peace.
Punishment shall be death if the assault resulted in the death of the victim.
Whoever intentionally kills a public servant entrusted with enforcing this Law and who is lawfully discharging his duty shall also be punished with death.
53 Article - Amended

Article 53

The Heads of the Criminal Investigations, the chief of the Border Guards Force and the officer in charge of the drugs division; aides thereof including: officers and noncommissioned officers, and the staffs of the Customs and Ports Departments, shall have the capacity of Judicial Enforcement Officers regarding the offences provided for in this Law.
54 Article

Article 54

Agricultural engineers of the Agricultural Affairs Department of the Ministry of Municipal and Agricultural Affairs shall have the capacity of Judicial Enforcement Officers in all matters pertaining to offences committed which contravene the provisions of Chapter V1 of this Law.
55 Article - Amended

Article 55

Physicians and pharmacists staff of the Ministry of Public Health appointed by the Minister of Public Health, may enter the premises, stores and warehouses suspected of trafficking in NDDPS. They may also enter pharmacies, hospitals, sanatoriums, dispensaries, clinics, medicine factories, chemical, industrial analysis laboratories, and recognized scientific institutes to ensure compliance with the provisions of this Law. They shall, furthermore, be allowed to examine the registers and documentation concerning such NDDPS. They shall have the capacity of Judicial Enforcement Officers in respect of offences provided for in this Law that occur in the said places, and they may be escorted by policemen to assist them in the discharging of their duties.
Judicial Enforcement Officers may be accompanied by one of the staff of the Ministry of Public Health referred to in the preceding paragraph when searching the places referred to in the aforementioned paragraph.
56 Article

Article 56

Judicial Enforcement Officers provided for in this Law shall uproot any cultivation prohibited by the provisions therein, seize and collect leaves and seeds thereof, at the expense of the offender. The confiscated material shall be kept in the stores of the Department of Agricultural Affairs of the Ministry of Industry and Agriculture for the trial until a final decision is reached in the ensuing criminal case.
57 Article - Amended

Article 57

A General Registry shall be established at each of the Ministries of Public Health and Interior in which shall be entered the individuals and organizations licenced to import, export, transport, traffic in, manufacture, possess or keep NDDPS or cultivate one of the plants stated in Schedule 4. The Registry shall contain the following information:
1. Name of the person and his nationality, or the organization's name and address.
2. Details of licensing, date of issuance, type and reason thereof.
3. Name of the licenced narcotic drug or dangerous psychotropic substance in full, nature, percentage concentration and quantity thereof.
58 Article - Amended

Article 58

The manner of handling NDDPS in hotels, sanatoriums, dispensaries and units of the Ministry of Public Health, whether public or private, shall be regulated by the Minister of Public Health.
59 Article - Amended

Article 59

The Minister of the Interior shall, in consultation with the Ministers of Finance,
Petroleum Resources and Public Health, issue a decision setting forth regulations for the payment of a financial reward to anyone who provides information leading to, contributes to, facilitates, or participates in, the seizure of narcotic drugs or dangerous psychotropic substances.
60 Article - Amended

Article 60

The Ministry of Public Health shall establish sanatorium(s) for the treatment of persons addicted to NDDPS.
61 Article - Amended

Article 61

The Minister of Public Health may delegate to the Undersecretary some of the powers
vested in him under this law.
62 Article

Article 62

The decisions as may be required for the enforcement of the present law shall be issued by the competent minister in accordance with the provisions of the present law.
63 Article

Article 63

Decree-Law No. 28 of 1966 on “Combating Narcotic Drugs and Regulating their Uses and Trafficking" as amended by Law No. 20 of 1971, Law No. 1 of 1983 and Decree Law No. 5 of 1986 and any provision inconsistent with the provisions of this law, shall hereby be repealed.
64 Article

Article 64

All competent authorities, each within its jurisdiction, shall implement this Law. It shall come into force after sixty days from its publication in the Official Gazette.