Article 43 of the Saudi Anti-Narcotics and Psychotropic Substances Law

المادة 43 من نظام مكافحة المخدرات والمؤثرات العقلية

The article allows an addict to be placed in a designated clinic instead of being punished for use, and leaves the cases, the ordering authority and the conditions for release to the Implementing Regulations.

Official text (Arabic)

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

يجوز -بدلا من إيقاع العقوبة على المدمن بسبب تعاطي المواد المخدرة أو المؤثرات العقلية - الأمر بإيداعه في إحدى المصحات المخصصة لهذا الغرض. وتحدد اللائحة الحالات التي يجوز فيها الأمر بإيداع المدمن المصحة والجهة التي تأمر بإيداعه وشروط الإفراج عنه.

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 43 explained in plain English

This article offers a treatment alternative to punishment: instead of imposing the penalty on an addict for using narcotics or psychotropic substances, it may be ordered that he be placed in one of the clinics designated for this purpose.

Note the following points about the text:

The rule is discretionary ("may"), so placement is not an automatic right of every addict.
It concerns the addict and the penalty for use, not offenses of dealing or smuggling.
The Implementing Regulations specify the cases in which placement may be ordered, the authority that orders it, and the conditions for releasing the addict. The article itself says nothing about these details.

This article is part of a group of treatment-oriented provisions: Article 42 bars bringing a case against a person who comes forward himself, or whose relative comes forward, asking for treatment while handing over what he holds or pointing out where it is, and allows the investigation to be shelved the first time under conditions. Article 44 provides for forming a committee by decision of the Minister of Interior in agreement with the Minister of Health, called the Committee for Considering Addiction Cases, whose tasks, powers, membership and working procedures are set by the Implementing Regulations.

The Law thus treats the addict as a person who needs treatment, and allows placement in a clinic to replace the penalty when the competent authority sees fit under the Implementing Regulations. Anyone with a relative in this situation who wants to know the available options can consult a lawyer specialized in criminal cases.

Practical example

A young man is arrested in Taif for using drugs, and it turns out he is an addict. Instead of imposing a prison sentence on him, Article 43 allows an order placing him in one of the clinics designated for treating addiction, if his case is among those set by the Implementing Regulations.

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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