Drug Dealing Penalty in Saudi Arabia: Prison Term, Aggravating Factors and Defence

The penalty for drug dealing in Saudi Arabia under Article 38 of the Narcotics Law is 5 to 15 years in prison, up to 50 lashes each time, and a fine of SAR 1,000 to 50,000, for a first offence with no aggravating factor. A second dealing offence after a dealing conviction moves the case to Article 37, the harshest article in the law. But the question that changes most cases is not "how long?" but "is it really dealing?" Many cases start as dealing and end as possession for personal use, which carries a far lighter penalty.

Reviewed by: Ahmad Farag Al-Sayed MuhammadHead of the Criminal Department at USUS Law FirmLast updated: 19 October 2026

What counts as dealing?

Article 38 covers possessing, storing, selling, buying, transporting, delivering, bartering or brokering drugs with intent to deal or distribute, whether paid or free. So giving a friend a dose for free can be dealing, and possession alone can be treated as dealing if intent to supply others is proven, even with no sale.

Dealing or personal use?

No single indicator decides the case. Cash can be salary, a phone can be shared, and dividing can be for use. The defence answers each indicator with evidence.

Penalties at a glance

Article 38 adds harsher penalties when the offence is in a mosque, school or reform institution, involves heroin, cocaine or a comparable drug, exploits a minor, or involves running a paid place for use. Tools, vehicles and proceeds are confiscated (Art. 53), assets may be frozen pending trial (Art. 54), a convicted Saudi is banned from travel for a period equal to the sentence and at least two years, and a non-Saudi is deported after serving the sentence (Art. 56).

Can the court go below five years?

Yes. Article 60 lets the court go below the minimum prison term, or suspend it, for valid reasons or in view of the accused's conduct, age and circumstances, unless he is a repeat offender. Article 61 exempts an offender who reports the crime before the authorities know of it, unless he instigated it.

What the defence turns on

1. Classification: showing possession was for use, not dealing.
2. Procedure: was there a genuine in-flagrante situation? Was the home searched under a reasoned order from the Public Prosecution? Were the drugs sealed on the spot as Article 50 of the Law of Criminal Procedure requires? Any act contrary to Sharia or the laws is void (Art. 187).
3. Attribution: in a shared car, room or phone, presence alone does not prove possession.
4. Mitigation: asking for a reduced or suspended sentence under Article 60.

Frequently asked questions

What is the prison term for first-time drug dealing in Saudi Arabia?

5 to 15 years under Article 38, with lashes and a fine of SAR 1,000–50,000, higher with aggravating factors. The court may go below the minimum for valid reasons (Article 60).

Is giving drugs to a friend for free dealing?

It can be: Article 38 covers delivery and brokering with intent to deal, paid or free. The final classification is for the court.

What happens on a second dealing offence?

Article 37 applies: death as ta'zir, or at the court's discretion at least 15 years in prison.

Will a foreign resident be deported?

Yes. A non-Saudi convicted of a drug offence is deported after serving the sentence and may not return except as Hajj and Umrah rules allow (Article 56).

Facing a dealing charge?

Usus Law Firm handles drug cases from investigation to judgment and appeal, in Riyadh and Tabuk, in English and Arabic. See drug lawyer in Riyadh.

Articles cited are from the Law of Combating Narcotics and Psychotropic Substances (Royal Decree M/39 of 8/7/1426H) and the Law of Criminal Procedure (Royal Decree M/2 of 22/1/1435H). Always check the current official text.

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.