Positive Drug Test at Work in Saudi Arabia: What Happens Next?

A driver at a transport company takes a routine test, and the result is positive. For two months he has been taking a medicine for his nerves on a medical prescription. The direct answer: a positive result alone is not a judgment. The Anti-Narcotics Law punishes use outside the cases licensed by law, so a medicine lawfully prescribed to you does not make you a drug user if you prove it with the prescription. If it really was drug use, the penalty under Article 41 is imprisonment from six months to two years, and it is heavier if you were under the influence while working. The effect on your job is governed by the Labor Law or the civil service rules that apply to you.

Does a positive drug test mean a criminal case?

Many people whose result is positive think it is all over. In fact, the result is evidence presented in a process with rules. Article 1 of the Implementing Regulations of the Law on Combating Narcotic Drugs and Psychotropic Substances (the Anti-Narcotics Law) states that the Minister of Health designates the approved laboratories for tests, that the analysis is approved by two specialised experts, and that the Ministry of Health prepares test forms and sets how samples are taken, in coordination with the relevant authorities.

This means a result used for a criminal consequence should come from an approved laboratory, follow set procedures, and be approved by specialists. If you object to how the sample was taken or which body tested it, this can be raised in the case.

What if I am taking a prescribed medicine?

The penalty articles in the law punish acts done "outside the cases licensed by law". The law itself regulates the dispensing of narcotic and psychotropic medicines by medical prescription. If you take such a medicine on a prescription, tell the body carrying out the test, and keep the prescription and the medical report. This does not change the test result, but it shows the use was licensed.

Distinguish between a test carried out by your employer as part of its internal programme and a test carried out in criminal proceedings. The Implementing Regulations speak of laboratories approved by the Minister of Health for tests connected with applying the law. Internal testing programmes at companies are governed by the employer's policies and the rules that apply to it, and their effects may differ.

What happens if an employee tests positive at work in Saudi Arabia?

Article 41 punishes a person who possesses or uses a substance for consumption with imprisonment from six months to two years. Its second paragraph then requires a heavier penalty in two cases directly linked to work:

• If the person used the substance, or was under its influence, while performing his work.
• If he is responsible for combating drugs or supervising their possession and circulation, or his job is connected with these substances.

The effect on the job, such as a warning or dismissal, is governed by the rules that govern the employment relationship and the employer's work regulations. In the private sector, if the employer wants to dismiss without end-of-service award or compensation, it must rely on one of the cases in Article 80 of the Labor Law and give the worker a chance to state his objection before termination. The situation is different for government employees and military personnel, as each has its own rules.

What about a positive test at a traffic stop?

What applies at work also applies to a professional driver, because driving is his work. If he was under the influence of the substance while doing his work, the heavier penalty in Article 41 applies.

Driving under the influence of an intoxicant, a drug, or a medicine that warns against driving is listed in the violation schedules attached to the Traffic Law, in addition to the criminal liability for the drug use itself. A person convicted by a court of drug use cannot obtain a driving licence of any kind unless he has been rehabilitated (Article 36(4) of the Traffic Law).

The most serious situation is an accident. Article 42 allows the investigation to be closed for a first offence under conditions, including that the use is not connected with a traffic accident that caused deaths and created private rights of others against the accused. If such an accident happened, closure is no longer available, even if it was the first time and the driver was under twenty.

What if this is the first time?

Article 42(2) allows the investigation in use cases to be closed for a first offence if four conditions are met: the accused is not older than twenty, the use is not connected with another serious crime, it is not connected with a traffic accident of the kind described, and he did not resist strongly when arrested in a way that caused harm. Closure here is discretionary. It is a power of the investigating authority, not an automatic right.

Is it still possible to ask for treatment?

Article 42(1) prevents a case against a person who comes forward himself, or whose family comes forward, asking for treatment. The text is based on taking the initiative, and it does not state clearly what happens if a person comes forward after a test result or after arrest. This is examined case by case. If the case reaches the court and addiction is proven by a medical report, Article 43 keeps the door to treatment open through placement in a treatment centre instead of the penalty.

What can happen next?

• The matter is referred to the investigating authority if it is connected with a crime of use or possession.
• If it is the first time and the conditions of Article 42(2) are met, the investigation may be closed, and the case is recorded in special records at the Anti-Narcotics Directorate under Article 31 of the regulations.
• If a case is filed, the court sets the penalty within the limits of Article 41, with a heavier penalty if one of its two aggravating cases applies.
• If addiction is proven by a medical report, the court may order placement in a treatment centre instead of the penalty under Article 43.

If the case concerns a person who works in combating drugs or supervising their circulation, the heavier penalty is based on the nature of the job itself, even if he was not under the influence of the substance at work.

Do not say anything to the authorities that you are not sure of, and read any record before signing it. If Arabic is not your language, ask for an interpreter. What you say in the first hours may affect how the purpose is described in your case.

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 employee and the employer

If you are the employee and your result is positive:

• Ask for a copy of the result, the name of the laboratory and the date the sample was taken.
• If you take a medicine on prescription, present the prescription and the medical report immediately.
• Ask for a confirmatory test if available, and object in writing to any defect in how the sample was taken.
• Do not sign a resignation or an admission before you understand its effect on your rights and your end-of-service award.

If you are the employer:

• Adopt a written testing policy as part of your work regulations, and apply it to everyone in the same way.
• Keep the result confidential and do not share it beyond those who need it.
• Wait for the confirmatory result and hear the employee's reply before any disciplinary decision, as Article 80 requires.
• If the employee does dangerous work such as driving, suspend him from that work temporarily until the matter is clear.

A positive result does not always mean the end of the road. Send us the result or decision you received confidentially on WhatsApp, and we will explain your position and what can be done now.