Article 38 of the Saudi Narcotics Law Implementing Regulations

This article sets the instrument and authority by which the exemption in Article 61 of the Law of Combating Narcotic Drugs and Psychotropic Substances is issued.

• The authority: the head of the Bureau of Investigation and Public Prosecution.
• The instrument: a reasoned decision, meaning one that states the reasons on which the exemption is based.

The requirement of reasons means the exemption is not issued by a bare decision. The decision must set out the grounds on which it rests, which makes it possible to verify that the conditions apply to the case.

The available text does not show the content of Article 61 of the Law, so this article does not explain the conditions of the exemption, its scope or who is entitled to it, and none of that can be inferred from it. To know when an exemption is possible, one must refer to the text of Article 61 of the Law.

The practical benefit is that a person who believes his case falls within the exemption knows that the decision lies with the head of the Bureau of Investigation and Public Prosecution and that it is issued with reasons. Because these matters are delicate, anyone facing a charge who hopes for an exemption is well advised to consult a lawyer who specializes in criminal cases.