Penalties and Aggravating Circumstances in the New Anti-Narcotics Law – Prepared by Attorney Khaled Mufarraj Al-Dulaimi

Kuwait's anti-narcotics and psychotropic substances law constitutes the strictest legislative framework within the criminal justice system, particularly after the issuance of Decree-Law No. 159 of 2025, which increased penalties, broadened the scope of criminalization, and redefined certain acts related to possession, trafficking, and promotion. Understanding the penalties and aggravating circumstances is a fundamental element in assessing the defendant's position and defending them before criminal courts.

First: Penalties prescribed for trafficking crimes

Drug trafficking is one of the most serious crimes related to narcotics, and is punishable by law with life imprisonment or a long prison sentence and a large fine, if proven:

• Selling, buying, financing, or distributing.
• Possession of a quantity is considered evidence of trafficking.
• Possession of packaging or storage equipment.
• The existence of communications or financial transfers related to the promotion.
  The court bases its opinion on a set of combined evidence, not on a single element.

Second: Penalties for promoting [something] within sensitive locations

The law makes the penalty even harsher if the crime occurs in places of a special nature such as:

• Schools and universities.
• Sports clubs.
• Prisons and shelters.
  Committing a crime within these places is automatically considered an aggravating circumstance, which raises the penalty to the maximum limit prescribed.

موسوعة قضايا المخدرات والمؤثرات العقلية