Article 39 of the Saudi Anti-Narcotics and Psychotropic Substances Law
المادة 39 من نظام مكافحة المخدرات والمؤثرات العقلية
The article punishes with 2 to 5 years in prison, flogging and a fine anyone who possesses, transports or receives narcotics without intent to trade, promote or use.
Official text (Arabic)
This article has not been amended since the law was issued.
يعاقب بالسجن مدة لا تقل عن سنتين ولا تزيد على خمس سنوات، وبالجلد بما لا يزيد على خمسين جلدة في كل مرة، وبغرامة لا تقل عن ثلاثة آلاف ريال ولا تزيد على ثلاثين ألف ريال - كل من حاز مواد مخدرة أو مؤثرات عقلية أو أحرزها أو نقلها أو سلمها أو تسلمها لغير قصد الاتجار أو الترويج أو التعاطي أو الاستعمال الشخصي، وذلك في غير الأحوال المرخص بها في هذا النظام.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 39 explained in plain English
This article deals with an intermediate case between trafficking and use, which might be called simple possession: a person possesses, holds, transports, delivers or receives narcotic or psychotropic substances without his intent being:
- trade or promotion,
- or use or personal consumption,
outside the cases licensed by the Law.
The penalty: imprisonment for a period of not less than two years and not more than 5 years, flogging of no more than 50 lashes at a time, and a fine of not less than SAR 3,000 and not more than SAR 30,000.
By the definitions of Article One, possession is taking control of these substances by way of ownership or custody, and holding is taking control of them by way of ownership and custody for any purpose.
The difference between this article and the one before it is intent: Article 38 punishes almost the same acts, when done with intent to trade or promote, with imprisonment from 5 to 15 years, flogging and a fine from SAR 1,000 to SAR 50,000, with cases of aggravation. Article 39 is for the case where neither intent to trade nor intent to use is established. After it, Article 40 deals with the offense of laundering funds derived from narcotics offenses.
Determining intent in each case is a matter of facts and evidence, and cannot be judged from the text alone; so anyone facing an accusation of possession needs to consult a lawyer specialized in criminal cases.
Practical example
A man asks his friend Fahd to keep a bag in his car for a few days, and Fahd knows that it contains a narcotic substance. Fahd is caught in Jeddah with the bag, and it is not established that he intended to sell or use it. This situation is closer to the possession punished by Article 39 with imprisonment from two to 5 years, flogging and a fine.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 39 of the Saudi Anti-Narcotics and Psychotropic Substances Law
What is the penalty for possessing drugs without intent to promote or use?
Imprisonment from two to 5 years, flogging of no more than 50 lashes at a time, and a fine from SAR 3,000 to SAR 30,000.
What is the difference between Article 38 and Article 39?
Article 38 punishes acts done with intent to trade or promote with a harsher penalty, while Article 39 punishes possession, transport and delivery without intent to trade, promote or use.
Does transporting drugs for another person fall under this article?
The text covers transporting, delivering and receiving where it is not with intent to trade, promote or use, and outside the cases licensed.
More articles on Penalty for Drug Promotion and Possession
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.