Article 38 of the Saudi Anti-Narcotics and Psychotropic Substances Law

This article deals with the offenses of trafficking and promotion, and rests on one basic element, intent: the act must be done with intent to trade or promote, whether for a consideration or without one, outside the cases licensed by the Law.

Acts covered: possessing a narcotic substance or seeds or plants of the plants that yield narcotic or psychotropic substances, or selling, buying, financing, supplying, holding, delivering, receiving, transporting, exchanging, bartering or dispensing any of that in any capacity, or brokering it. Brokering, according to Article One, is acting as an intermediary between the parties to a dealing to introduce them and bring them together to complete the deal.

The basic penalty (paragraph 1): imprisonment from 5 to 15 years, flogging of no more than 50 lashes each time, and a fine from SAR 1,000 to SAR 50,000.

Cases of aggravation (paragraph 2):

• (a) One of the cases in clause (third) of Article 37 applies: repeating after a sentence under that article, the offender being a public employee or one charged with combating or supervising, or a partner in an organized gang or his offense being connected with an international crime, or his using a weapon.
• (b) Committing the offense or part of it in mosques, educational institutions or correctional institutions, as set by the Regulations.
• (c) The substance being heroin, cocaine or a similar substance of the same danger according to an approved technical report from the Ministry of Health, provided that it is listed in the tables of the Law.
• (d) Exploiting those whom the offender is responsible for raising or over whom he has actual authority, or using a minor, or giving a minor a narcotic or selling it to him or pushing him to use it by enticement or intimidation.
• (e) Providing a place for a consideration, or running it, for drug use.

The article does not specify the amount of the aggravation. As for possession not intended for trade or use, Article 39 deals with it with a lighter penalty: imprisonment from two to 5 years. Anyone facing an accusation like this needs a lawyer specialized in criminal cases.