KUWAIT, Nov 26 (KUNA) -- An Amiri decree-law No. 59 of 2025 on combating drugs and psychotropic substances and regulating their use and trafficking has been issued, to be implemented and enforced two weeks after publication in the Official Gazette, comprising 84 articles divided across 13 chapters.
Article 82 of the decree-law stipulates that the competent minister shall issue the necessary decisions to enforce its provisions, while Article 83 repeals Law No. 74 of 1983 on combating drugs, Law No. 48 of 1987 on psychotropic substances, and any provisions conflicting with this decree-law.
Article 84 obliges all ministers to implement the decree-law in their respective jurisdictions, effective two weeks after its official publication, while the decree-law merges the previous drug and psychotropic substances laws, creating a single unified legal framework to protect society.
The merger unifies concepts and terminologies used in combating drugs and psychotropic substances, facilitating better understanding, enforcement, and consistency across regulatory authorities, while consolidating legal provisions related to crimes, penalties, and procedural requirements for easier application nationwide.
The decree-law consolidates Law No. 74 of 1983 on drug control and Law No. 48 of 1987 on psychotropic substances into a single law, enhancing legal clarity, administrative efficiency, and societal protection from the dangers of narcotics and psychotropic substances misuse.
The law spans 84 articles across 13 chapters, with Chapter One defining key terms for implementation, including the Ministry as the Ministry of Health, the Minister as the Minister of Health, and licensing as the authorization granted by the Minister or delegate.
It also defines narcotic and psychotropic substances, chemical precursors, and preparations, covering production, manufacture, cultivation, import, export, transport, smuggling, promotion, barter, and possession, as well as terms such as addict, user, detention, and seizure procedures.
Chapter One further defines rehabilitation centers, addiction treatment centers, medical prescriptions, registers, records, and electronic or paper documentation containing schedules, prescriptions, or relevant data, alongside additional definitions necessary for full enforcement of the decree-law.
Chapter Two concerns the establishment of entities, including the Supreme Council for Combating Drugs and Psychotropic Substances, tasked with formulating a comprehensive national strategy to combat trafficking, illicit use, prevention, awareness, treatment, and inter-ministerial coordination.
The council also ensures the development of state agencies combating trafficking and abuse, guarantees effective implementation of Kuwait's ratified international conventions on narcotics and psychotropic substances, and works to reduce their spread and societal harm.
The decree-law stipulates the Ministry of Health shall establish rehabilitation and addiction treatment centers to treat and rehabilitate addicts and users, with separate facilities for individuals under twenty-one years, ensuring proper medical and security conditions.
Private sector entities may establish medical units for the same purposes under Ministry supervision, provided they obtain ministerial authorization, ensuring integration of public and private efforts in rehabilitation and treatment of substance abuse cases.
The Ministry of Interior is tasked with establishing correction and rehabilitation centers to enforce imprisonment sentences for drug-related offenses, with inmates undergoing medical, rehabilitation, training, and family reintegration programs, separate from general prison facilities.
Chapter Three regulates licenses for import, export, transport, production, and cultivation, prohibiting production, manufacture, import, export, transport, possession, purchase, sale, trafficking, dispensing, or administration of narcotic or psychotropic substances except under specific conditions defined by the decree-law.
Chapter Four addresses licensing for trafficking in narcotics, psychotropic substances, and preparations, prohibiting trade without ministerial authorization and establishing procedures for licensing, transfer, and destruction of controlled materials, ensuring accountability and legal compliance.
Chapter Five governs licenses for possession of narcotics, psychotropic substances, and preparations, regulating dispensing within healthcare facilities and pharmacies, and specifying types of substances physicians may possess for in-facility or external treatment purposes.
Chapter Six regulates production and manufacture of narcotics, psychotropic substances, and preparations, restricting manufacture to licensed pharmaceutical factories and prohibiting unauthorized use, while establishing ministerial procedures for licensing, manufacturing, and packaging controlled substances.
Chapter Seven addresses cultivation of prohibited plants, requiring ministerial authorization and limiting cultivation to government entities, research centers, universities, colleges, and licensed specialized institutions, ensuring controlled access and legal compliance.
Chapter Eight contains general provisions, while Chapter Nine defines penalties, including the death penalty or life imprisonment with fines ranging from KD 100,000 to KD 2,000,000, or equivalent to the total value of controlled substances involved in trafficking offenses.
Article provisions also mandate death or life imprisonment penalties for trafficking, production, or cultivation for trafficking purposes, while lesser offenses incur life imprisonment and fines between KD 50,000 and KD 500,000, reflecting the severity of unauthorized handling of controlled substances.
Organizing criminal groups abroad involved in drug trafficking is punishable by death, while participation in such organizations incurs life imprisonment with fines from KD 20,000 to KD 50,000, ensuring accountability for both leadership and membership of illicit operations.
Chapter 10 emphasizes treatment and voluntary rehabilitation, granting immunity from criminal prosecution to addicts seeking treatment before formal charges or complaints, while mandating surrender of controlled substances to rehabilitation centers for official disposition under ministry supervision.
The centers may release recovering addicts after successful rehabilitation or for violations of regulatory protocols, with strict confidentiality maintained for personal information and treatment records, reinforcing protection of patients' rights and privacy.
Chapter 11 addresses verdicts and their effects, mandating immediate enforcement of imprisonment sentences under the decree-law, allowing courts reviewing appeals to suspend execution but prohibiting challenges to detention orders issued under rehabilitation provisions, ensuring legal certainty and clarity.
Courts may exempt offenders who voluntarily report crimes before detection or provide assistance to authorities during investigations, while statutory limitations do not prevent prosecution or nullify penalties for offenses specified in Articles 46 and 47 of the decree-law.
Public prosecution holds authority for investigation, prosecution, and adjudication of all crimes and complaints under the decree-law, with criminal courts having jurisdiction over cases involving narcotics and psychotropic substances offenses and related violations.
The law applies to all individuals committing crimes within Kuwait's territory and dependencies, as well as acts outside its jurisdiction that contribute to offenses occurring wholly or partly within Kuwait, extending accountability beyond borders for Kuwaiti nationals.
Kuwaiti citizens committing offenses abroad are subject to the decree-law and local laws upon return to Kuwait unless foreign courts have acquitted them, while convictions already served abroad prevent duplicate prosecution, reinforcing consistency in international legal compliance.
Chapter 12 focuses on arrest procedures and administrative regulations, detailing the authorities' powers to enforce the law and ensuring proper handling of suspects and controlled substances during investigations and seizures, establishing accountability and procedural integrity.
Chapter 13 covers administrative oversight and the role of employees with judicial policing powers, granting access to government, private, and licensed facilities holding narcotics or psychotropic substances to verify compliance with the decree-law and enforce legal provisions.
The decree-law thus establishes a comprehensive framework for combating drugs and psychotropic substances, integrating prevention, control, rehabilitation, and enforcement measures, aiming to protect public health, ensure social stability, and fulfill Kuwait's international obligations.
It unifies previous legislation into a single coherent law, streamlines definitions, clarifies penalties, standardizes licensing procedures, regulates production, trafficking, and use, and incorporates rehabilitation and medical treatment programs for addicts, while providing strict criminal and administrative enforcement mechanisms.
By consolidating the previous 1983 and 1987 laws, the decree-law strengthens Kuwait's ability to combat trafficking and abuse, ensures consistent application of penalties, enhances rehabilitation capacities, and aligns with global standards for drug control and psychotropic substances management.
The new legal framework supports inter-ministerial coordination, encourages public-private partnerships in treatment and rehabilitation, and mandates oversight by competent authorities to ensure compliance, prevent misuse, and protect vulnerable populations from the risks of substance abuse.
It also specifies ministerial responsibilities for licensing, monitoring, production, transport, and disposal of controlled substances, providing a structured legal foundation for enforcement, while defining rights and obligations of citizens, healthcare providers, and law enforcement personnel.
The decree-law reflects Kuwait's commitment to safeguarding public health and social stability, reducing the prevalence of substance abuse, and promoting a safe environment for all residents, ensuring adherence to international conventions and best practices in drug control.
It includes provisions for specialized courts, public prosecution oversight, and jurisdictional clarity, ensuring that offenders are prosecuted fairly and consistently, while maintaining procedural safeguards, confidentiality for rehabilitation cases, and comprehensive legal remedies for violations.
The law's comprehensive approach combines preventive education, public awareness, treatment, rehabilitation, enforcement, and administrative supervision, creating an integrated strategy to combat drug abuse and psychotropic substance misuse across all sectors of Kuwaiti society.
The decree-law also mandates periodic review and ministerial reporting to monitor implementation, evaluate outcomes, and update policies and procedures, ensuring the legislation remains effective, responsive, and aligned with evolving challenges in substance control.
By merging prior legislation, regulating all aspects of narcotics and psychotropic substances, and integrating enforcement, treatment, and prevention measures, the decree-law strengthens Kuwait's legal, social, and institutional capacity to combat the illicit use and trafficking of controlled substances.
The legal provisions encompass import, export, production, cultivation, transport, possession, trafficking, treatment, rehabilitation, licensing, administrative oversight, and criminal penalties, ensuring a comprehensive, enforceable, and coherent framework consistent with national interests and international obligations.
Kuwait's legislative authorities, law enforcement agencies, health institutions, and social services are required to collaborate under this decree-law to achieve its objectives, prevent abuse, support rehabilitation, and maintain compliance with national and international standards.
In summary, the Amiri decree-law No. 59 of 2025 on combating drugs and psychotropic substances consolidates previous legislation, unifies regulatory frameworks, enhances enforcement, incorporates rehabilitation, defines licensing and procedural measures, and establishes strict penalties, reflecting Kuwait's commitment to public health and social safety. (end)
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