Possession (حيازة) and holding (إحراز) are forms of contact with narcotic drugs and psychotropic substances that Saudi law criminalises when they occur outside the cases the law permits. Both are governed by the Narcotic Drugs and Psychotropic Substances Control Law (Royal Decree M/39 dated 8/7/1426H). Finding the substance is not enough to decide the charge: its nature, its attribution to the person, knowledge and intent, and the purpose behind the act must all be established. This is a general study of the legal rules, not an assessment of any particular case.
| Purpose of possession or holding | Penalty under the Law | Article |
|---|---|---|
| Dealing or promotion, paid or unpaid | 5 to 15 years' prison and a fine of SAR 1,000–50,000 | 38/1 |
| No dealing, promotion or use purpose ("simple possession") | 2 to 5 years' prison and a fine of SAR 3,000–30,000 | 39 |
| Personal use | 6 months to 2 years' prison, no fine | 41/1 |
Written by: Khaled ElnaggarDirector of USUS Law FirmLast updated:
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Possession and holding defined
Article 1 defines possession as placing one's hand on the substance by way of ownership or appropriation, and holding as placing one's hand on it by way of ownership and appropriation for any purpose. Each should be applied by its statutory meaning, without assuming they are identical or drawing a decisive distinction from the conjunction alone.
The material element
The substance must be proven to be listed in the schedules to the Law, by laboratory analysis in an accredited laboratory, and the person's control over it must be proven separately. Presence of the substance in a shared place does not, by itself, prove possession by everyone there. For controlled medicines, the prescription, licence, quantity and dispensing conditions must be checked.
The mental element and purpose
The person must know the nature of the substance and intend to possess it. Knowledge may be inferred from clear circumstantial evidence linked to the person. Quantity alone does not settle an intent to promote; packaging, scales and delivery dealings are indications weighed with the other evidence, not conclusive proof.
Discretionary flogging
The published text of Articles 38 and 39 provides for flogging of up to fifty lashes each time. A later circular of the Minister of Justice, based on a Supreme Court decision, replaces discretionary flogging with prison, a fine, both, or alternative penalties.
Aggravation and treatment
Article 38/2 lists aggravating circumstances, including offences in mosques, schools or correctional institutions, heroin or cocaine (or equally dangerous listed substances), exploiting a person under the offender's authority or a minor, and preparing a place for use. Under Article 42/1, no case is brought for use or addiction if the person, or a close relative, comes forward asking for treatment and hands over any substances.
Frequently asked questions
What is the penalty for simple drug possession in Saudi Arabia?
Two to five years' prison and a fine of SAR 3,000–30,000 (Article 39).
Does quantity alone prove intent to sell?
No. Quantity is one indication weighed with the other evidence.
Usus Law Firm defends drug cases from investigation to judgment. See our drug lawyer in Riyadh.
Legal review: the Usus Law Firm team
A select team of lawyers and legal advisers licensed by the Saudi Ministry of Justice, working from Riyadh and Tabuk, with experience before the general, commercial, labor, criminal, personal status and administrative courts. Every article is reviewed before publication and updated when laws or regulations change.
Last reviewed: 27 October 2026
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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