Cabinet approves draft decree-law to combat narcotics, psychotropic substances with harsher penalties
The Council of Ministers has approved a draft decree-law on combating narcotic drugs and psychotropic substances, introducing stricter penalties—including the death penalty and heavy fines—for smugglers, dealers, promoters, and those involved in the barter or trade of illegal substances.
The new draft decree-law seeks to merge Law No. 74 of 1983 on combating narcotics and Decree-Law No. 48 of 1987 on combating psychotropic substances into a single, unified law.
This consolidation aims to unify terminology, legal concepts, and enforcement procedures related to narcotic and psychotropic substances. The merger will streamline implementation and strengthen Kuwait’s legislative framework in protecting society from the dangers of drug abuse and trafficking.
The Council decided to submit the draft decree to His Highness the Amir for endorsement. The Cabinet also reviewed several other items on its agenda, approving some and referring others to the relevant ministerial committees for further study and follow-up.
Comprehensive Law of 84 Articles in 13 Chapters
Minister of Endowments and Islamic Affairs and Acting Minister of Justice Dr. Mohammed Al-Wasmi underscored the importance of the decree-law, noting that it consists of 84 articles distributed across 13 chapters, with Chapter Nine focusing on penalties.
According to Dr. Al-Wasmi, the chapters cover key areas such as definitions, licensing procedures for import, export, production, cultivation, and trade, as well as regulations for possession, manufacture, treatment, and detention, and administrative control. These sections provide a comprehensive legal structure governing all aspects of narcotic and psychotropic substance regulation.
Article 42: Death Penalty or Life Imprisonment for Major Offenses
Dr. Al-Wasmi explained that Article 42 stipulates that anyone who commits acts not permitted by law shall be punished by death or life imprisonment, in addition to a fine between 100,000 and 2 million dinars, or the equivalent value of the substances involved—whichever is higher.
This includes offenses such as smuggling, producing, manufacturing, or planting narcotic or psychotropic substances with the intent to trade. These penalties reflect the state’s firm stance against all forms of drug trafficking and production.
Article 43: Severe Penalties for Traffickers and Promoters
Under Article 43, any person who possesses, buys, or sells narcotic or psychotropic substances with the intent to trade will face death or life imprisonment, along with a fine ranging from 50,000 to 500,000 dinars, or the equivalent value of the seized substances.
The article also extends to promoters and barterers, including anyone who exchanges or offers narcotic substances for money or other forms of compensation. These provisions target the entire network of drug distribution, from major traffickers to street-level promoters.
Article 44: Aggravating Circumstances Warranting the Death Penalty
Dr. Al-Wasmi further clarified that Article 44 introduces four aggravating circumstances where the death penalty shall be imposed. These include cases of repeat offenses (recidivism); the use of juveniles or persons with mental illnesses to carry out crimes; the provision of drugs to minors for consumption; and the exploitation of official authority to commit or facilitate crimes.
These provisions are designed to deter offenders who exploit vulnerable individuals or abuse positions of trust and power for criminal purposes.
Article 45: Death Penalty for Criminal Organizations
Article 45 stipulates that anyone who establishes or manages a criminal organization, whether within Kuwait or abroad, with the aim of committing crimes under Articles 42 and 43, shall face the death penalty.
Those who join or participate in such organizations, while being aware of their objectives, will be punished with life imprisonment and a fine ranging from 20,000 to 50,000 dinars. This article reinforces Kuwait’s determination to dismantle organized networks involved in drug-related crimes.
