Analytical Study of the New Anti-Narcotics Law in Kuwait – Prepared by Attorney Khaled Mufrej Al-Dalmani

Drug-related cases in Kuwait are among the most sensitive and complex legal issues, making legislative updates a legislative and social necessity. Decree-Law No. 159 of 2025 redrew the legal framework for drug use and trafficking, establishing more precise rules for handling digital evidence, addressing modern methods of promotion, defining possession, and distinguishing between users, addicts, and dealers, in line with the evolving methods of crime and counter-narcotics in the country. This study provides an in-depth analytical reading of this law and clarifies its impact on the judicial system.

First: The general legislative framework of the new law

The new decree adopts a legal philosophy that combines deterrence and treatment. On the one hand, it increases penalties for trafficking and promotion offenses, while on the other hand, it establishes a clear therapeutic framework for dealing with addiction, offering addicts the opportunity for treatment instead of punishment under certain circumstances. This balance reflects a modern legislative trend aimed at protecting society without neglecting the human aspect.

Second: Distinguishing between drug use and trafficking according to legal standards

The law redefined the evidence from which the court infers intent to traffic, most notably: packaging materials, unexplained cash, digital communications, transfers, the method of seizure, and the division of quantities. The law also strengthened the role of electronic evidence as independent physical evidence, making its analysis and discussion a crucial aspect of the defense.

As for drug-related cases, the decree granted the benefit of exemption from punishment to those who come forward for treatment voluntarily or through their guardian, provided they adhere to the treatment program.

Third: Emphasizing crimes of online promotion and trafficking

One of the most significant legal developments is the provision for harsher penalties when using smart applications, electronic payment methods, or digital wallets in sales or promotional activities. This addition reflects the evolution of commerce methods and simultaneously opens avenues for legal challenges to digital procedures, particularly those related to the chain of transmission of devices, the source of data, and the analysis and extraction of electronic evidence.