Kuwait's anti-drug law

Kuwait's anti-drug law,

Regulation of their use and trafficking No. 74 / 1983

 

10. Anti-drug law and regulation of its use and trafficking (1-58)

01. Version Act (1-2)

02. Fetching, exporting and transporting (2-12)

03. Trafficking in substances and narcotics (10-19)

04. Possession of substances and preparations (15-22)

05. Production of narcotic substances and manufacture of medical preparations containing them (23-24)

06. Plants banned from cultivation (25-27)

07. General provisions (28-30)

08. Penalties (31-58)

10. Drug control law and regulation of its use and trafficking

(1 – 58)

10.1 – Issuing Act

(1 – 2)

Article 1

Substances or narcotic products in the application of the provisions of this Law are the substances and preparations listed in Schedules 1 and 3, attached, excluding preparations listed in Schedule 2.

Article 2

It is not permissible to import, export, produce, manufacture, own, acquire, possess, trade, buy, sell, transport, deliver or deliver materials, plants, narcotic products, dispensation, medical description, exchange or deposition in any capacity or to mediate in any other way. In the circumstances and under the conditions stipulated in this law.

10.2 – Fetch, Export and Transport

(2 – 12)

Article 3

Substances or preparations may not be imported, exported or transported except under a written license from the Minister of Public Health.
In the event of a refusal of the license, the minister's decision to refuse shall be justified, and the relevant person who may complain about this decision within fifteen days of his notification to the Council of Ministers shall be informed.
The cabinet's decision in the complaint shall be final.

Article 4

The Public Health Ministry establishes a special register in which persons and entities licensed to import and export narcotic substances or preparations are registered, and this register contains data issued by the Minister of Public Health.

Article 5

An import or export license may only be granted to:
Managers of pharmacies, warehouses and licensed pharmaceutical factories.
Managers of chemical or industrial analysis laboratories or licensed scientific research.
Managers of licensed hospitals and non-governmental clinics.
Government agencies and recognized scientific institutes.
The Minister of Public Health has the right to refuse the required license.

Article 6

The licensee in the import, export or transfer of narcotic substances must submit a request to the Ministry of Public Health stating his name, address of work, the name of the substances or narcotic preparations in full, their nature, the quantity to be brought or exported, and the approximate date does not matter with the reasons justifying the import or the Export as well as other data requested by the Ministry of Public Health.
The license issued by the Ministry of Public Health in this regard is void if it is not in effect within 90 days of its issuance.
The Minister of Public Health has the right to reject the application or reduce the amount described in it.

Article 7

Substances or preparations that reach customs or export may only be delivered or exported under a release or export permit from the Ministry of Public Health explaining the statements issued by the Minister of Public Health.
In the case of import or export, customs and ports must receive the permission to release or export from the stakeholders and return it to the Ministry of Public Health, and a copy of this permit is kept with both customs, ports and the relevant authority.
The permit is considered null if it is not worked within 90 days of its issuance.

Article 8

Substances or narcotics may only be released if they are registered in the records of the Ministry of Public Health and have been proven to be usable and conform to the specifications and data contained in the fetch permit under a report from the Drug Control Laboratory.

Article 9

Substances or narcotics may not be imported, exported or transported in parcels containing other materials.
It must be sent, even as a sample, in insured packages and the full name, nature, quantity and proportion of the drug must be shown in the package.

 

10.3 – Trafficking in substances and narcotics

(10 – 19)

Article 10

It is not permissible to trade in narcotic substances and preparations until a license has been obtained from the Minister of Public Health.

Article 11

It is not permissible to grant the license referred to in articles 3 and 10 to:
Sentenced to a life-limiting sentence for a felony.
Convicted of one of the crimes stipulated in this law.
Convicted of one of the crimes of money or crimes of sexual assault, indecent assault, adultery, incitement to debauchery, prostitution and gambling. Or forgery or the use of false papers or perjury, as well as the convicted person to initiate one of these crimes.
– Those who have already been disciplined from public office for reasons of honor or honesty unless five years of the date of separation are permanently expired.

Article 12

The trafficking of narcotic substances or preparations is not authorized except in a pharmacy, warehouse or pharmaceutical factory, and must meet the requirements set by the decision of the Minister of Public Health.

Article 13

The directors of shops licensed to trade in narcotic substances and preparations may not sell, deliver or download them in any capacity except for persons and entities stipulated in Article 5 of this law, under license of the Ministry of Public Health, and the Minister of Public Health issues a decision on the conditions. Procedures for issuing such licences.

Article 14

The Committee, which is stipulated in article 40, shall execute substances and narcotic sanods that are proven to be invalid or whose validity expires.

10.4 Possession of narcotic substances and preparations

(15 – 22)

Article 15

Excluding the provisions of Article II, individuals may possess substances or preparations for their own use and for purely health reasons, within the limits of the quantities prescribed to them by doctors licensed to practice medicine in Kuwait and may not waive these substances or preparations to any other person, whatever the reasons.
The doctors referred to may not prescribe substances or narcotic preparations to any patient except for the purpose of proper medical treatment and in the case of not using any quantity by the patient must return it to the destination from which it was disbursed as the person in possession of this medicine for any reason to hand it over to the health centers that Determined by the Minister of Public Health.

Article 16

Doctors who are authorized to practice medicine in Kuwait may obtain in their clinics certain substances or narcotic preparations intended for use when urgently necessary, provided that these substances are kept in their form, which is consistent with their medical use prepared for them, and that the doctor has a licensed private clinic. In Kuwait.
The doctor must observe the provisions of the possession of narcotic substances or preparations mentioned in article 28 of this Law and register them with the special register.
It is forbidden for the doctor to spend any amount of it to his patients in order to use it themselves, and it is forbidden to free himself a prescription of any amount of substances or narcotic preparations for his own use.
A doctor licensed to practice medicine in Kuwait may obtain an appropriate amount of narcotic substances and preparations to treat patients in emergency situations outside his or her samples.
The Minister of Public Health shall issue a decision on the procedures to be followed in the possession, preservation and return of these materials to the destination from which they were disbursed.

Article 17

Pharmacists may only dispense narcotic substances or preparations by prescription from a doctor licensed to practice medicine in Kuwait or under a license from the Ministry of Health in accordance with article 13 of this law.

Article 18

The Minister of Public Health makes a decision on the data and conditions to be met in the release of prescriptions under which narcotic substances or preparations are prescribed for dispensing from pharmacies.
Prescriptions are disposed of from books stamped with the seal of the Ministry of Public Health, and the Minister may specify the amounts that cannot be exceeded for each patient.

Article 19

Prescriptions containing narcotic substances or preparations may not be dispensed one week after their release.

Article 20

The prescriptions referred to in the previous materials are not mentioned to the holder, and it is forbidden to use them more than once, and must be kept in the pharmacy after proving the date of exchange and the number of its restriction in my book under the prescription and the dismissal of the pharmacy and the signature of the pharmacist, and gives the holder of the prescription proof proof of the disbursement of the amount spent from the pharmacy and the date Dismissed and signed by the pharmacist who exchanged and the pharmacy ring.

Article 21

All substances and narcotics received at the pharmacy on the day of their arrival, as well as the expenditure, must be recorded on the same day as they are disbursed in a special book for the ward and the allowance, which is marked with the seal of the Ministry of Public Health.
All statements issued by the Minister of Public Health are recorded in this book.

Article 22

By decision of the Minister of Public Health, the method of circulation of narcotic substances and preparations shall be regulated by all those entitled to import, export or use under Article 5, as well as hospitals and units of the Ministry of Public Health and private hospitals.

 

10.5 – Production of narcotic substances and the manufacture of medical preparations containing them

(23 – 24)

Article 23

It is not permissible to produce, extract, separate or manufacture any of the substances listed in Schedules 1, 3 only to licensed pharmaceutical factories and with the permission of the Minister of Public Health.

Rule 24

It is not permissible in pharmaceutical factories to make preparations for the installation of narcotic substances until after the license stipulated in Article 10 is in the best possible conditions.

 

10.6 – Plants that are forbidden to be cultivated

(25 – 27)

Rule 25

Plants set out in Table 5 may not be cultivated.

Rule 26

It is not permissible to bring, export, possess, possess, trade, buy, sell, transport, deliver, deliver, exchange, remove from the plants listed in Schedule 5 in all stages of their growth, as well as seeds or mediate any such, with the exception of the plants described in Table 6.

Rule 27

The Minister of Public Health licenses government agencies and scientific institutes to grow any plant that is forbidden to be cultivated for scientific purposes or research under the conditions it sets for it.
He may authorize the bringing of table 5 plants and their seeds, in which case these plants and seeds are governed by chapters 1 and 2 of this law.

 

10.7 – General provisions

(28 – 30)

Rule 28

Anyone who is authorized to import, export, possess or trade in substances or narcotic safigures must first register the incoming and the money of these substances on the same day in a special register, which is numbered and stamped with the seal of the Ministry of Public Health, and includes the date of the roses or exchange, the name of the seller or buyer, and his address. It is the name of the substances or narcotic preparations in full, their nature, quantity and proportion, as well as all data determined by the Ministry of Public Health.
This register must be submitted to the representatives of the Ministry of Public Health at each request.
The managers of pharmacies and shops licensed to trade or use the said substances should send a written to the Ministry of Public Health within the first week following the end of each three months, a signed statement from them indicating the incoming and the money and the rest of those substances during the period mentioned. According to the models prepared by the Ministry for this purpose. This applies to hospitals, non-governmental clinics and doctors' clinics licensed to practice medicine in Kuwait.

Rule 29

The books provided for in articles 20, 21, 28 must be kept for ten years from the date of the last restriction, as shall the prescriptions provided in article 15 be preserved for the same period of the date set forth.

Rule 30

By decision of the Minister of Public Health, the schedules that are flying through this law may be amended by deleting, in addition to changing the proportions contained in them.

 

10.8 – Penalties

(31 – 58)

Rule 31

Punishable by death or life imprisonment:
(a) Anyone who imports, brings, or by means, or exports narcotic substances or preparations, or assists in any such manner as an original actor or tape, with the intention of trafficking before obtaining the license provided for in article 3 of this Law.
(b) Anyone who produces, extracts, separates, manufactures or manufactures narcotic substances or preparations for trafficking.
C- Anyone who planted one of the plants in Table 5 accompanying this law or issued or imported or imported a plant from these plants at any stage of their development and seeds, with the intention of trading or trading in any form, other than the conditions authorized by this law.

Article 31 bis

The death penalty shall be for the crimes stipulated in the previous article if there is one of the following aggravating circumstances:
Oud.
– If the perpetrator is a public official or employee charged with combating or controlling the circulation or possession of drug substances and preparations.
– If a juvenile is used in the execution of the crime, a juvenile is not more than 18 years old.
– If the substances or narcotic saedas are those provided in the 19th and 43rd countries of Round 1, Section 1 and Item 2 of Schedule 3 accompanying this Law.
– If the offender has established or administered an organization whose purpose or activity is to commit an offence under article 31 of this Act.

Rule 32

He is punishable by life imprisonment and a fine of not less than 10,000 dinars and not more than 20,000 dinars:
A- Anyone who has acquired, acquired, bought, bought or sold substances, narcotic products or plants from the plants in Table 5 accompanying this law, handed over, transported, removed, exchanged or exchanged them in any capacity or mediated in any form, with the intention of trading in them or trading them. in which any form, in the other conditions authorized in this law.
(b) Anyone who has paid for the use of substances or preparations that are not authorized by this law.
C- Anyone who is authorized to possess narcotic substances or preparations for use for a certain purpose or purpose and shall be paid for in any capacity other than those purposes.
D- Anyone who manages, prepares or prepares for a place for drug use.
If the crimes under the last three clauses are committed without a return, the penalty is imprisonment for a minimum of five years, not more than 10 years, a fine of not less than 5,000 dinars and no more than 10,000 dinars.

Article 32 bis

The death penalty shall be for the crimes stipulated in the previous article if one of the following cases is available:
– One of the aggravating circumstances stipulated in article 31 bis.
– If he provides, sells, sells, dismisses, dismisses or spends substances in substances that are not more than 18 years old.
– If the crime occurs in schools, educational institutes, hospitals or treatment homes.

Article 32 bis (a)

He shall be sentenced to a minimum of seven years' imprisonment and not more than fifteen years and a fine of not less than 5,000 dinars and not more than 10,000 dinars, anyone who is established or administered an organization whose purpose or activity is to commit a crime under articles 31, 32 of this. Law.
The government has decided to suspend the work of the National Security Agency and the National Security Agency to investigate the incident.

Article 33 (amended by Law 12 of 2007 Article 1)

Punishable by a minimum of five years' imprisonment and not more than ten years and a fine of not less than 5,000 dinars and not more than 10,000 dinars for anyone who brings, acquired, acquired, bought, produced, extracted, separated or manufactured narcotic substances or planted plants from the accompanying table 5. This law is owned, acquired, acquired or purchased, with the intention of engaging in personal use, unless it is established that it has been authorized to do so in accordance with the provisions of this law.
The court may instead of impose the punishment stipulated in the previous paragraph to order the filing of a person found guilty of drug abuse one of the clinics specified by the Minister of Public Health, to be treated until a committee – issued by the decision of the Minister of Public Health – submits a report on his condition to the court to decide the release of End or continue to be deposited for another period or for other periods. The duration of the stay in the sanatorium shall not be less than six months and not more than two years.
It is not permissible to deposit in the examiner who has already been ordered to deposit it twice or who has not been out for at least two years.

Rule 33

The government's decision to suspend the work of the National Security Council is a step in the right to the right to a full and impartial decision. Personal use unless it is proven that he has been authorized to do so in accordance with the provisions of this law.
The court may instead of impose the punishment stipulated in the previous paragraph to order the filing of a person found guilty of drug abuse one of the clinics specified by the Minister of Public Health, to be treated until a committee – issued by the decision of the Minister of Public Health – submits a report on his condition to the court to decide the release of End or continue to be deposited for another period or for other periods. The duration of the stay in the sanatorium shall not be less than six months and not more than two years.
It is not permissible to be deposited in the sanatorium who has already ordered it.

Punishable by a maximum of ten years in prison and a fine of not more than 10,000 dinars for anyone who brings, acquired, acquired, bought, bought, produced, extracted, separated, planted a plant from the plants in Schedule 5, which is accompanying this law, or has acquired it, earned it or bought it, with the intention of using it or Personal use unless it is proven that he has been authorized to do so in accordance with the provisions of this law.
The court may instead of impose the punishment stipulated in the previous paragraph to order the filing of a person found guilty of drug abuse one of the clinics specified by the Minister of Public Health, to be treated until a committee – issued by the decision of the Minister of Public Health – submits a report on his condition to the court to decide the release of End or continue to be deposited for another period or for other periods. The duration of the stay in the sanatorium shall not be less than six months and not more than two years.
It is not permissible to deposit in the examiner who has already been ordered to deposit it twice or who has not been out for at least two years.

Excluding any provision established by another law, the court may, instead of the punishment stipulated in the first paragraph, order the deposit of a person found guilty of this crime for the first time and who has not reached the age of 21, a social welfare institution issued by a decision of the Minister of Social Affairs Work in coordination with the Minister of Interior until you submit a report on his condition in the period set by the court to decide his release or continued filing, and may not the duration of stay in the institution be less than six months and not more than two years, after which the convicted person is placed under police control for a period equal to the period of filing.

Reviews

Replacement and add

The first paragraph was replaced by Article 1 of Law No. 12 of 2007.

(A fourth paragraph was added to the article under Article II of Law No. 12 of 2007).

Article 33, which was introduced on 23/04/2007, was added under law 12 in 2007.

"The court that sentenced the prisoner who is serving his sentence for one of the crimes stipulated in the previous article may order a stay of execution of the sentence imposed and the removal of the foreign convict from Kuwait if it is proven that he is not addicted, at the request of the prosecution. Generally, after the prisoner has undergone a medical examination by a committee set up for this purpose.

It is not permissible to order a stay of execution in advanced cases until after a period of not less than three months from the date of execution of the sentence, and the prisoner successfully passes the treatment and rehabilitation program that is prepared and implemented by the General Administration of Penal Institutions and the execution of sentences.

The prisoner may only benefit from the aforementioned stay of execution twice.

The Minister of Interior, in coordination with the Ministry of Health, issues a decision to form the committee referred to in the first paragraph, the rules of therapeutic and rehabilitation program, the conditions necessary for its passage, and the regulations governing the presentation of prisoners to the public prosecutor's office in preparation for submission to the court."

Reviews

Add duplicate material

(This article was added under Article 3 of Law No. 12 of 2007))

Rule 34

Criminal proceedings are not initiated against drug users on their own for treatment.
The patient is placed under observation in the sanatorium for a period of not more than three weeks, and van proved addicted and his need for treatment signed a decision to accept his stay in the sanatorium for a period of not more than six months, during which he will be cured during which the management of the sanatorium decides to leave, and if she sees the need for treatment after the end of the observation period or the continuation of his stay after the period of six Month and the patient did not agree to this in writing, submit a report to a committee formed by a general counsel and the membership of the director of the psychiatric hospital and the chief medical examiner or the acting of each of them and the committee decides, after hearing the statements of the patient discharge or continue to remain in the sanatorium for treatment, for a period or for other periods, not to increase the duration of his stay The clinic management must notify the patient in writing of the decision issued to be filed within three days of the date of its issuance, and it must implement the decision to leave within 24 hours following its issuance.
The patient may complain about the decision of the committee referred to, which is issued continuously, to be referred to the Criminal Court within 15 days of the date of his notification.

Rule 35

One of the spouses or any relative up to the second degree may ask the public prosecutor to deposit his wife or relative who complains of drug addiction one of the clinics for treatment, as may be done to the government entity where the addict works.
The Public Prosecutor's Office, when it is consulted from the investigation and the report of the psychiatric hospital, must transfer it to the Criminal Court to decide whether or not to file a clinic for treatment in accordance with the second paragraph of article 32 of this law, in a secret session after hearing the statements of both sides of the complaint and the prosecution. public and what you might see conducting an investigation.
The court may either on its own or at the request of the Public Prosecutor's Office order that the complainant be placed under observation by a sanatorium for a period of not more than three weeks for medical examination before deciding on the application when ever it deems necessary.

Rule 36

The decisions issued in accordance with articles 33, 34, and 35 of this law may not be appealed, on appeal and are not considered a precedent in the provisions of the oud.

Rule 37

Punishable by a minimum of five years' imprisonment and not more than ten years and a fine of not less than 5,000 dinars and not more than 10,000 dinars for anyone who has won, earned, bought, handed over, transported, produced, graduated, separated or manufactured substances, narcotic products or plants from the plants described in the table. No. 5 accompanying this law was unintentionally trafficked, abused or used in person and otherwise legally authorized.

Rule 38

Anyone who has been detained in any place or who has been prepared for drug use and who has been taken with knowledge of drugs shall be punished with a fine of not more than 2,000 dinars or one of these penalties.
The provision of this article does not apply to the husband, wife, assets or branches of the said place or who is living with it.

Rule 39

In all cases, the confiscation of substances, narcotic products or seized plants mentioned in Table 5 is ruled.
What is the ruling on the confiscation of used tools, equipment and containers, and the seized means of transport that have been used in the commission of the crime, without infringeing on the rights of others of good faith.
The confiscation of funds found to have been obtained from the crimes provided for in this law is punishable.
The court, at the request of the attorney general, orders that the accused be prevented from disposing of all or some of his funds until the criminal case is decided.

Rule 40

Substances and narcotics and those sentenced to be confiscated by a committee headed by a member of the public prosecutor's office and issue disjointed and procedures by the attorney general and have at least one delegate from the Ministry of Public Health.
The Attorney General may authorize the delivery of these materials or preparations to any government agency for use for industrial or scientific purposes, in agreement with the Ministry of Public Health.

Rule 41

Anyone who is authorized to trade or possess narcotic substances and preparations shall be punished with a fine of not more than 1,000 dinars, and the books provided for in articles 20, 21, 28 of this law are not named or deliberately concealed.
Anyone who is authorized to trade or possess substances or narcotic substances and not to be bound in the books described in the articles referred to in the previous paragraph shall be punished with a fine of not more than 500 dinars.

Rule 42

If the place of the crimes described in articles 31/A, B, 32, 33 is one of the articles in Schedule 3 accompanying this law, the penalty shall be imprisonment for not more than two years and a fine not exceeding 3,000 dinars or one of these penalties.
The confiscation of seized materials is ruled.

Rule 43

All those who have committed any other violation of the provisions of this law and the decisions implemented by them shall be punished with a maximum of three months' imprisonment and a fine of not more than 500 dinars.
It is prohibited to close when violating the provision of article 12 of this law.
The provision may suspend the offender from practicing the profession for a period equal to the period of the penalty of imprisonment for violating the provisions of articles 16, 17, 19 and 20 of this law.

Rule 44

Any shop licensed to traffic in substances or narcotic products or in possession of them or any other place that is not haunted or habitable shall be closed if one of the offences under Articles 31, 32 of this Law occurs.
A stay of imprisonment shall be imposed for a period of not less than three months and not more than one year if a crime is committed in the shop for an offence under article 37 of this Act. In the case of the return within five years of the date of the previous rule, it is finally closed.

Rule 45

It is not permissible to suspend the execution of the sentence imposed on the return for one of the offences stipulated in this law.
In all cases, the sentence sought to be imposed immediately, even with its appeal.
The court may order the publication of the summary of the final sentence at the expense of the convicted person in three daily newspapers appointed by her.

Rule 46

It is not permissible to refrain from sentencing for crimes provided for in articles 31, 32, 32 bis A and 50 of this Law.

Rule 47

He does not enjoy release under the condition of article 87 of the penal code referred to as all those sentenced to life imprisonment for one of the offences stipulated in articles 31, 32, 32 bis A and 50 of this Law.

Rule 48

In applying the provisions of article 83 of the penal code referred to to the defendants for the crimes stipulated in this law, the court may not replace the death penalty with life imprisonment or replace the penalty of life imprisonment except the penalty of temporary imprisonment of at least fifteen years.

Rule 49

The penalties imposed on articles 31, 32 are exempt from the penalties imposed by the perpetrators by reporting the crime to the public authorities and the perpetrators before they are aware of it.

Rule 50

Anyone who attacks or resists a public official who enforces this law by force or violence in the line of duty shall be sentenced to up to 15 years in prison.
The penalty shall be life imprisonment or temporary imprisonment for a maximum of 15 years if it arises from permanent disability or serious mutilation that is not likely to be removed, if the offender is carrying a weapon or is one of the men in charge of maintaining security.
The death penalty is if the infringement is led to death.
You are also punishable by death for the deliberate killing of a public official who is carrying out this law in the course of his or her employment.

Rule 51

Drug Enforcement Administration managers, border force officers and their officers have the status of investigators in relation to the crimes provided for in this law.

Rule 52

For employees of the Ministry of Public Health appointed by the Minister to enter shops, stores and warehouses of trafficking in substances and narcotics, pharmacies, hospitals, clinics, clinics, pharmaceutical factories, chemical and industrial laboratories and scientific institutes recognized, To verify the implementation of the provisions of this law, they have access to the books and papers relating to narcotic substances and preparations and have the status of investigators in relation to the crimes stipulated in this law that occur in these places.
Except in the case of the dress, investigators may only search the places in the previous paragraph in the presence of an employee of the Ministry of Public Health referred to in the previous paragraph.

Rule 53

The Inspector of the Department of Agriculture shall be an investigator in relation to crimes that occur in violation of the provisions of Articles 25, 26 of this Law.

Rule 54

The investigators stipulated in this law shall cut off all cultivated agriculture that is prohibited under its provisions and collect its papers and roots at the expense of the perpetrators and keep these items after they are released pending trial in the stores of the Department of Agriculture until final adjudication of the criminal case.

Rule 55

By decree, based on the offer of the competent minister, the amount of reward paid to you by those who found, guided, contributed, facilitated or participated in the seizure of narcotic substances or preparations.

Rule 56

The necessary decisions to implement this law are issued by the competent minister.

Rule 57

Law No. 26 of 1960 is repealed by the control of drug trafficking and use in Kuwait and the amended laws and any provision that violates the provisions of this law.

Rule 58

Ministers must implement this law, and it will be implemented six months after its publication in the Official Gazette.

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