Cannabis law and legislation in the UAE

Cannabis possession is illegal in the United Arab Emirates. Article 7 of Law No 14 of 1995 and its amendments (the Anti-Narcotic Psychotropic Substances Law) provides that “except in the cases authorised and under the conditions provided for, the procurement, import, export, manufacture, extraction, separation, production, acquisition and abuse of narcotic drugs and psychotropic substances” listed in schedules 3, 5, 6, 7 and 8 of the Law shall be prohibited. The Anti-Narcotic Psychotropic Substances Law goes further to provide that any actions connected with narcotic drugs shall be prohibited unless authorised otherwise.

Article 11 of the Anti-Narcotic Psychotropic Substances Law lists the entities which may authorise such drugs, including but not limited to, government bodies, state or licenced hospitals, clinics and sanatoriums, licenced chemical analysis laboratories or medical, scientific and industrial research laboratories. If position or acquisition is authorised, proportions of differences in weight may not exceed those “stated in established pharmacopoeias” and Schedule 4 of Law No. 4 of 1983.

The Anti-Narcotic Psychotropic Substances Law lists various penalties including Article 39 which provides for a penalty of imprisonment for not less than four years shall be imposed on anyone who has “abused, in any way whatsoever or personally used, in circumstances other than those authorised, any of the narcotic drugs or psychotropic substances specified in Schedules 1, 2, 4 and 5 of the law. The court, in addition to the preceding penalty, may impose a fine of not less than DH 10,000.”

Furthermore, Article 46 of the Anti-Narcotic Psychotropic Substances Law provides “the penalty of imprisonment for a period of not less than 10 years and not more than 15 years and a fine of not less than DH 20,000 shall be imposed on any person who has managed, prepared or set up a place for the abuse of narcotic drugs or psychotropic substances”.

The Dubai Municipality has declared that the sale and purchase of hemp seed oil, which tends to be found in cosmetics, health care products, serums, lip balms and facial oils, is legal.

On the other hand, CBD oil, which contains CBD, is illegal in the UAE and treated the same as cannabis, marijuana and other drugs

As a general point, inventions that violate UAE public order or morals are excluded from patent protection.

At present, it is not possible to patent cannabis related products in the UAE, however it is ultimately unclear whether the Dubai Municipality’s recent announcement on the legality of hemp seed oil is likely to pave the way for an opening in this market.