Deportation for Drugs in Saudi Arabia: What Expats Should Know

A worker who has lived in Saudi Arabia for nine years is caught with a small quantity for personal use. His family lives with him in Riyadh. His first question: will I be deported? The direct answer: if he is convicted of any act listed in Article 3 of the Anti-Narcotics Law, including drug use, Article 56(2) requires him to be deported after serving his sentence, and he is not allowed to return except as permitted by Hajj and Umrah instructions. Long residence or having family in the Kingdom does not change this rule in the text. If the matter ends without a judgment, for example by asking for treatment before arrest or by closure of the investigation, this text does not apply.

Is the penalty the same for Saudis and expats?

Yes. The penalty articles of the Law on Combating Narcotic Drugs and Psychotropic Substances (the Anti-Narcotics Law) apply to "anyone" who commits the act. An expat convicted of use, possession or dealing receives the same penalty as a Saudi, such as imprisonment from six months to two years for use under Article 41. The difference appears after the penalty ends, not in the penalty itself.

When is an expat deported for drugs in Saudi Arabia?

Article 56 states that a non-Saudi is deported from the Kingdom after serving the sentence imposed on him, and is not allowed to return except as permitted by Hajj and Umrah instructions. This paragraph comes after a paragraph that bans a convicted Saudi from travel for a period equal to his prison term. So the law treats the two situations in two different ways.

Three points in this text deserve attention:

• Deportation comes after the penalty. The expat first serves the prison term, and then he is deported.
• The ban on return is not linked to a fixed period in the text.
• The only exception mentioned is what Hajj and Umrah instructions allow.

The text does not distinguish between a new resident and one who has spent many years in the Kingdom, and does not mention an exception for someone with family or work there. So long residence alone does not change the deportation rule as stated in the article.

What if the case does not reach a judgment?

Deportation under Article 56 is linked to serving a sentence imposed by a court. In some situations the matter stops before a judgment. Article 42 prevents a case against a person who comes forward himself, or whose parent, child, spouse or relative comes forward, asking for treatment for drug use or addiction, on condition that he hands over any substances or shows where they are. The same article allows the investigation to be closed for first-time use if its conditions are met, including that the accused is not older than twenty.

If the case is closed, or the court rules that you are not guilty, you are not deported because of it and your residence stays as it is. Deportation under Article 56(2) is an additional penalty that follows a conviction being served; it does not apply without a judgment. Keep a copy of the closure decision or the final judgment in case you need it when your records are reviewed.

Does an expat detainee have the same rights?

Yes. An expat detained in a drug case has the same procedural rights that the Law of Criminal Procedure gives every accused person. He has the right to be informed immediately of the reasons for his arrest or detention, and to contact whoever he wants to inform under the supervision of the criminal investigation officer, under Article 116. He may have an agent or lawyer during the investigation and the trial, under Article 4.

These rights matter even more for an expat, because his family may be outside the Kingdom, and the language of the investigation may not be his first language. Do not sign statements you did not understand. Ask for what is presented to you to be explained, and for an interpreter, before signing.

If a non-Saudi is detained for one of the major crimes that require detention, the Ministry of Foreign Affairs is informed so it can consider notifying his country's mission (Article 175 of the Implementing Regulations of the Law of Criminal Procedure). His family may also contact his embassy to follow his situation.

What happens to a professional licence?

If you work in a profession that needs a licence, Article 57(1) of the Anti-Narcotics Law cancels the professional licence of anyone convicted of one of the crimes listed in Article 3, including use. Article 55(2) allows the court to ban the convicted person from practising the profession for a period not longer than the prison sentence. The wording of Article 57(1) is general ("licence to practise the profession") and is not limited to health professions; paragraphs 2 and 3 of the same article deal specifically with pharmacies and private treatment facilities. These rules apply to Saudis and non-Saudis alike.

What about the job itself?

The Anti-Narcotics Law does not deal with dismissing a worker, but it affects work in two places. First, Article 41 increases the penalty for use if the person was under the influence of the substance while working. Second, it also increases it for people whose jobs are connected with drugs, such as those working in combating them or supervising their circulation.

Ending the contract because of the case, or because of absence during detention and imprisonment, is governed by the Labor Law if you work in the private sector, and by the civil service rules if you are a government employee. The Labor Law does not mention drugs by name, but Article 80 limits the cases in which an employer may terminate the contract without an end-of-service award, notice or compensation. They include proof that the worker behaved badly or committed an act against honour or honesty, and absence without a legitimate reason for more than thirty days in one contract year or more than fifteen consecutive days after a written warning. In all cases the employer must give the worker a chance to state his objections. Whether your case or your absence falls under one of these cases depends on the facts and, in a dispute, on the labour court. If a deportation decision is issued, do not delay claiming your wages and dues: labour claims are not heard after twelve months from the end of the employment relationship (Article 234 of the Labor Law).

What practical steps should the family of a detained expat take?

• Find out the exact description of the charge. The detainee has the right to be told the reasons for his detention (Article 116 of the Law of Criminal Procedure).
• Appoint a lawyer from the investigation stage. This is a right under Article 4 of the same law.
• Contact the employer about wages, dues and the detainee's personal documents.
• If a judgment is issued, ask the lawyer when the sentence ends and what deportation procedures follow.

A person arriving on a Hajj or Umrah visa with narcotic substances not exceeding his personal need may, if he is an addict, only be deported instead of being tried, by decision of the Minister of Interior or his delegate (Article 47). The regulations set the types and quantities of these substances.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for the expat and the employer

If you are an expat facing a case:

• Ask for a lawyer from the investigation stage, because the description of the charge decides both the penalty and deportation.
• Do not sign statements written in a language you do not understand. Ask for them to be translated and explained.
• Arrange your financial dues and documents with your employer, or through an agent, before the sentence ends.
• If you suffer from addiction and have not been caught, the treatment route in Article 42 prevents a case from being brought.

If you are the employer:

• Settle the worker's wages and dues under the Labor Law, and do not terminate without an end-of-service award except in one of the Article 80 cases and after giving him a chance to object.
• Document the worker's absence due to detention with an official document before any decision about the contract.
• Handle his passport and documents as the official authorities require.

Deportation affects the whole life of an expat and his family. Send us the situation and stage of the case confidentially on WhatsApp, and we will explain the options available before their time passes.