Amiri Decree unifies anti-drug law on combating drugs, and psychotropic substances

An Amiri decree has been issued enacting Law No. 59 of 2025 on combating drugs and psychotropic substances and regulating their use and trade.

The new law, to be published in the official gazette Kuwait Alyawm next Sunday, will enter into force two weeks after its publication. It replaces and consolidates earlier legislation in a comprehensive framework comprising 84 articles across 13 chapters.

The decree unifies the previously separate legal regimes governing narcotics and psychotropic substances, namely Law No. 74 of 1983 and Decree-Law No. 48 of 1987, both of which are expressly repealed under Article 83.

Any provision inconsistent with the new law is likewise cancelled. The merger aims to standardize terminology, streamline procedures, and enhance the effectiveness of national efforts to protect society from the harms associated with narcotic drugs and psychotropic substances.

Article 82 stipulates that the competent minister must issue all implementing regulations required to enforce the provisions of the law. Article 84 assigns responsibility for implementation to all ministers within their respective jurisdictions, confirming the law’s entry into force two weeks after publication.

The new legislation introduces clear definitions governing its application, including the identification of the Ministry of Health as the competent authority and the Minister of Health as the official empowered to issue licenses.

These licenses authorize individuals or entities to deal with narcotic or psychotropic substances or chemical precursors for specific, lawful purposes.

The law also provides detailed descriptions of narcotics, psychotropic substances, chemical precursors, and related preparations, outlining the legal framework that governs production, manufacture, cultivation, import, export, transport, possession, smuggling, promotion, and barter.

By combining all related provisions into a single legal instrument, the decree seeks to create a cohesive and modernized system that strengthens control measures and supports national efforts to combat drug-related crimes.

The decree-law provides detailed definitions essential for its implementation, including the terms “addict,” “user,” “rehabilitation center,” and “addiction treatment center.” It also defines the official records, documents, prescriptions, and data systems authorized by the Ministry of Health for monitoring narcotic and psychotropic substances.

The law establishes the “Supreme Council for Combating Drugs and Psychotropic Substances,” tasked with formulating a national strategy to counter drug trafficking and misuse. The Council is responsible for ensuring compliance across ministries and institutions, enhancing public awareness, developing prevention programs, and overseeing Kuwait’s commitments under international treaties.

Under the new legislation, the Ministry of Health must establish specialized rehabilitation and addiction treatment centers in independent, security-compliant facilities. Each center must include a dedicated section for individuals under 21. The private sector may also establish similar medical units, subject to licensing and Ministry oversight.

The Ministry of Interior is mandated to establish separate reform and rehabilitation centers for individuals convicted of drug possession for personal use. These centers must provide medical treatment, rehabilitation, vocational training, and social reintegration programs, and must be fully independent from general prisons.

The law strictly prohibits the production, manufacture, import, export, transportation, possession, sale, or consumption of narcotic or psychotropic substances except as expressly authorized. Licensing requirements for trade, possession, medical dispensing, and transportation are regulated through decisions issued by the Minister of Health.

Only licensed pharmaceutical factories may manufacture narcotic or psychotropic preparations, and their activities are limited to operations authorized by the Ministry. The law also restricts the cultivation of certain plants to government bodies, universities, and licensed scientific institutions.

The penalties section introduces some of the harshest sanctions in Kuwaiti law. The death penalty or life imprisonment, along with fines reaching two million dinars or the value of the seized substances, may be imposed for smuggling, producing, or cultivating narcotics with intent to traffic. Possession or sale with intent to trade, as well as promotion of narcotics, may also carry death or life sentences.

The law criminalizes participation in organized groups whose activities involve drug trafficking. Those who establish or manage such organizations may face the death penalty, while individuals who join or support them may receive life sentences and heavy fines.

Important protections are granted to addicts seeking treatment voluntarily. No criminal case may be filed against an addict who presents himself to a treatment center before being reported to authorities. Treatment centers must maintain strict confidentiality, and may release patients upon recovery or for violating specific conditions.

Judgments issued under this law are enforceable immediately, and certain decisions—such as those related to admission for treatment—are not subject to appeal. Courts are permitted to exempt or reduce penalties for offenders who proactively report crimes. Drug-related criminal cases under specific articles do not lapse with time, and the law applies to offenses committed inside Kuwait, in its economic zone, or by Kuwaitis abroad under defined conditions.

Finally, the decree outlines comprehensive procedures for arrest, inspection, and administrative control. Judicial officers are authorized to enter any facility licensed to handle narcotic or psychotropic substances to ensure compliance with the law’s provisions.