Article 46 of the Saudi Anti-Narcotics and Psychotropic Substances Law
المادة 46 من نظام مكافحة المخدرات والمؤثرات العقلية
The article punishes a person who frequents a place prepared for drug use, while use is going on and knowing what happens there, with up to 3 months in prison or flogging, and exempts the relatives and residents of the person who prepared the place unless they took part.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يعاقب بالسجن مدة لا تزيد على ثلاثة أشهر أو بالجلد بما لا يزيد على خمسين جلدة، كل من ضبط يتردد على مكان معد لتعاطي المواد المخدرة أو المؤثرات العقلية ، وذلك أثناء تعاطيها، مع علمه بما يجري في ذلك المكان.
2- لا يسري حكم هذه المادة على زوج من أعد المكان المذكور لتعاطي المخدرات أو المؤثرات العقلية ، ولا على أصوله أو فروعه أو إخوته، ولا على من يقيم في المكان المذكور، إلا إذا شاركوا في الجريمة.
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 46 explained in plain English
This article punishes an act separate from possession and dealing, namely frequenting a place prepared for using narcotics or psychotropic substances.
Elements of the offense (paragraph 1): all of the following must be present:
- the person is caught frequenting a place prepared for using narcotics or psychotropic substances,
- this happens while they are being used,
- and he is aware of what goes on in that place.
Penalty: imprisonment for a period not exceeding 3 months, or flogging not exceeding 50 lashes. The text gives a choice between the two penalties and does not combine them.
Persons the rule does not apply to (paragraph 2):
- the spouse of the person who prepared the place for use.
- His ascendants, descendants or siblings.
- A person who lives in that place.
This exception is conditional: it does not apply if they took part in the offense. So a son or brother being present in a family home that someone prepared for use does not make him an offender merely by being there, unless he takes part.
This article comes after Article 45, which provides for deducting clinic time from the prison sentence of a person who commits an offense during his treatment, and before Article 47, which allows the Minister of Interior or his delegate to be content with deporting an addict who arrived on a Hajj or Umrah visa if the substances in his possession do not exceed his personal need.
Whether "knowledge" and "frequenting" are established is a matter of facts and evidence. Anyone facing an accusation of this kind can consult a lawyer specialized in criminal cases.
Practical example
Saad habitually goes to a rest house on the outskirts of Riyadh that he knows its owner prepared for drug use, and he is caught there while those present are using. He may be punished under Article 46 with imprisonment of up to 3 months or flogging of up to 50 lashes. The owner's brother, who lives there, is not covered by this rule unless he takes part in the offense.
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 46 of the Saudi Anti-Narcotics and Psychotropic Substances Law
What is the penalty for being in a place where drugs are used?
A person caught frequenting a place prepared for use, while use is going on and knowing what happens there, is punished with imprisonment of up to 3 months or flogging of up to 50 lashes.
Are relatives of the owner of the place prepared for drug use punished?
The rule does not apply to his spouse, ascendants, descendants, siblings or a person who lives in the place, unless they took part in the offense.
Must the person know what is going on in the place?
Yes. The text requires that the person be aware of what goes on in that place and that he be caught while the substances are being used.
More articles on Penalty for Drug Use
- Article 41
The article punishes with 6 months to 2 years in prison anyone who commits the acts of Articles 37 and 38 with intent to use personally, and increases the penalty for those charged with combating narcotics and anyone who uses them at work.
1- يعاقب بالسجن مدة لا تقل عن ستة أشهر ولا تزيد على سنتين، كل من ارتكب أحد الأفعال الجرمية المنصوص عليها في المادتين (السابعة والثلاثين) و(الثامنة والثلاثين) من
- Article 42
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.
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 أقار
- Article 47
The article allows the Minister of Interior or his delegate to be content with deporting an addict who arrived on a Hajj or Umrah visa if the substances he holds do not exceed his personal need, with the Implementing Regulations setting their type and quantity.
ل وزير الداخلية -أو من يفوضه- الاكتفاء بإبعاد مدمن المخدرات أو المؤثرات العقلية الذي قدم بتأشيرة حج أو عمرة وبحوزته مواد مخدرة أو مؤثرات عقلية لا تفيض عن حاجته
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.