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Article 42 of the Saudi Anti-Narcotics and Psychotropic Substances Law

المادة 42 من نظام مكافحة المخدرات والمؤثرات العقلية

The article bars prosecution of a user or addict who comes forward, or whose relative comes forward, asking for treatment and hands over what he holds, and allows the investigation to be shelved for a first offense under set conditions.

Official text (Arabic)

This article has not been amended since the law was issued.

1- لا تقام الدعوى بسبب تعاطي أو استعمال أو إدمان المخدرات أو المؤثرات العقلية بحق مرتكب أحد هذه الأفعال إذا تقدم بنفسه أو أحد أصوله أو فروعه أو زوجه أو أحد أقاربه طالبا علاجه، ويشترط في ذلك تسليم ما بحوزة المتعاطي أو المدمن من مخدرات أو مؤثرات عقلية إن وجدت أو الإرشاد إلى مكانها.

2- يجوز حفظ التحقيق في قضايا استعمال المواد المخدرة أو المؤثرات العقلية في المرة الأولى إذا تحققت الاعتبارات الآتية :

أ - ألا يتجاوز عمر المتهم عشرين عاما.

ب - ألا تقترن جريمة الاستعمال أو التعاطي بجريمة جنائية تستدعي النظر شرعا.

ج - ألا تقترن جريمة الاستعمال أو التعاطي بحادث مروري نتج عنه وفيات ورتب في ذمته حقوقا خاصة.

د - ألا يكون قد صدر من المتهم -عند ضبطه- أي مقاومة شديدة تحدث ضررا لسلطة القبض أو غيرهم.

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 42 explained in plain English

This article opens two routes that spare a drug user from criminal prosecution:

Route one: asking for treatment (paragraph 1)

No case is brought for using, taking or being addicted to narcotics or psychotropic substances against a person who did so if he comes forward himself, or if one of his ascendants (such as his father or mother), descendants (such as his children), spouse or one of his relatives comes forward, asking for his treatment. The condition is that the user or addict hands over any narcotics or psychotropic substances in his possession, or points out where they are.

Route two: shelving the investigation for a first offense (paragraph 2)

The investigation in cases of using narcotics or psychotropic substances may be shelved the first time if all of the following considerations are met:

  1. The accused is no older than 20 years.
  2. The use offense is not accompanied by a criminal offense that calls for consideration under Sharia.
  3. It is not accompanied by a traffic accident that caused deaths and created private rights owed by him.
  4. When arrested, he did not show any severe resistance that caused harm to the arresting authority or to others.

The difference between the two routes is that the first is a binding rule once its condition is met ("no case is brought"), while the second is discretionary ("may be shelved"), so it is not an automatic right of the accused.

This article comes after Article 41, which punishes use with imprisonment from 6 months to 2 years, and before Article 43, which allows an addict to be placed in a designated clinic instead of being punished, with the Implementing Regulations setting the cases, the authority that orders it and the conditions for release.

Anyone who wants to seek treatment for himself or a relative and wants to know the procedures and safeguards can consult a lawyer specialized in criminal cases.

Practical example

A mother in Makkah notices that her 19-year-old son is using drugs, so she comes forward asking for his treatment, and her son hands over the pills he has. Under paragraph 1 of Article 42, no case is brought against him for the use, because the treatment request was made by one of his ascendants and he handed over what he held.

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 42 of the Saudi Anti-Narcotics and Psychotropic Substances Law

Is an addict punished if he turns himself in asking for treatment?

No case is brought against him for the use or addiction if he comes forward himself asking for treatment, on condition that he hands over any narcotics in his possession or points out where they are.

Can an addict's family ask for his treatment without him being jailed?

Yes. The rule also covers the case where one of his ascendants, descendants, spouse or relatives comes forward asking for his treatment, with the condition that the substances be handed over or their location pointed out.

When can a first-time drug use case be shelved?

When the accused is no older than 20, the offense is not accompanied by a criminal offense or by a traffic accident that caused deaths, and he did not offer severe resistance when arrested.

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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.