In a significant step toward addressing substance abuse, the UAE has enacted Ministerial Resolution No. 484 of 2024 on Rules and Procedures for the Periodic Testing of Drug and Psychotropic Substance Users (“the Resolution”). This Resolution aims to mitigate the risk of relapse into drug misuse among drugs users, ensuring compliance with the periodic testing and psychological rehabilitation program, assisting rehabilitated individuals in their reintegration into society, and preventing them from visiting suspicious places.
The Resolution shall apply to individuals convicted of the crime of using narcotic or psychotropic substances, as well as to those convicted of refusing to provide a test sample without justification, individuals placed in a treatment and rehabilitation unit by court order and who are released after serving their sentence or receiving a pardon. However, individuals who voluntarily seek treatment are exempted from undergoing to the provisions of this Resolution.
The Resolution assigned to the Punitive and Rehabilitation Facilities, in coordination with the anti-narcotics units at the police, the responsibility to inform the convicted individuals of the rules and procedures for the periodic testing during their sentence. They are also tasked with preparing a confidential schedule of testing dates, taking necessary samples in line with that schedule, or conducting surprise testing to determine whether narcotic substances are present.
The Resolution also addressed the frequency of conducting the testing, outlining that drug testing at the Punitive and Rehabilitation Facilities must occur at least once every three months during the enforcement of the sentence. This testing will continue for two years and will take place at least once a month for individuals who have completed their sentence or received a pardon. If an individual subject to periodic testing is imprisoned for another case that requires no such testing, the periodic testing program will resume upon their release.
According to the Resolution, testing juvenile delinquents shall be conducted in the presence of his / her guardian at the premise of the police station, however samples may be taken at their homes as determined by the Director of the Drug Control Department.
The Resolution stated that individuals subject to testing will be prohibited from traveling for the entire testing period. However, they may request permission to travel for urgent reasons, provided that they submit supporting documentation, such as reports or other relevant documents. Periodic testing will resume upon their return from travel.
Further, the Resolution pointed out that the Director of the Federal Anti-Narcotics Department, or his representative, may opt for a surprise testing only during the second year of the regulatory periodic testing period if the individual under testing has adhered to the scheduled dates in the first year and his/her testing results were negative, or if he/she suffers a serious or contagious disease. Furthermore, the regulatory periodic testing of a foreign national may be cancelled if he/she request to leave the country permanently, provided that they are placed on the list of individuals banned from entering the country for a minimum of two years from the date of their departure.
The Resolution stated also that electronic police monitoring will be implemented for individuals subject to regulatory periodic testing, utilizing home quarantine devices, tracking systems, or smart applications. Also, the selection of an appropriate electronic monitoring method will take into account specific circumstances, such as whether the individual is a college student, an employee, or engaged in stable professional activities, or if their medical or social situation warrants it. In such cases, individuals may be partially exempted from electronic police monitoring.
The home quarantine method for police electronic monitoring shall apply if the individual repeated the drug abuse offense within six months, if the substances abused are listed in the table attached to the Resolution, or if they have previously violated the rules of regulatory periodic testing. The implementation of police electronic monitoring is governed by Ministerial Resolution No. 426 of 2020 and its amendments which outline the mechanisms for electronic monitoring.
Individuals subject to regulatory periodic examination must adhere to specific instructions, such as notifying the Drug Control Department of any changes to their phone number or employer, obtaining a permission from the Department before changing their residence, and refraining from leaving their home from 10 PM to 6 AM. Individuals who fail to comply with these instructions may be referred to the competent prosecution under certain circumstances, including where testing results indicate drug use, unjustifiable refusals to provide a sample for regulatory periodic or surprise testing, failure to attend scheduled testing appointments without an acceptable excuse, or violations of the rules governing electronic police monitoring.
This Resolution repealed Ministerial Resolution No. 303 of 2018 on Rules and Procedures for Periodic Testing of Drug and Psychotropic Substance Users. The Resolution will take effect from the date of its issuance.
The author of this alert is Essa Ziad Galadari. Essa is a seasoned litigator with expertise in various legal domains including criminal law, rental disputes, execution matters, and commercial litigation. He earned a bachelor’s degree in law and Sharia, granting him full rights of audience before all UAE Courts.
For more information, please contact Essa at [email protected]