Drug Cases in Jordan and Judicial Rulings

Drug cases in Jordan represent a growing security and social challenge, negatively affecting the social fabric and public security of the state as a result of targeting youth in particular, in a manner that could undermine the nation's future in its ability to raise sound generations.

Given the Kingdom's geographic location as a bridge between East and West, Jordan faces escalating pressures to confront drugs, foremost among them Captagon pills smuggled from northern neighboring countries. Therefore, the Kingdom exerts enormous efforts at the legislative, security, and awareness levels to combat this phenomenon.

The Kingdom relies on the Narcotic Drugs and Psychotropic Substances Law No. (23) of 2016 and its amendments, through which it seeks to achieve a precise balance between comprehensive deterrence of criminals and providing opportunities for treatment and rehabilitation of users, while preserving civil and criminal rights.

Drug Cases in Jordan

Drug cases in Jordan are legally defined based on a set of elements and conditions that must be met in order to accurately describe the criminal act, as a complete set of legal conditions must be present that determine the nature of the charge and the procedures followed, including for example:

The subject matter of the case must be a substance listed in the schedules attached to Narcotics Law No. (23) of 2016, which include narcotic drugs, psychotropic substances, preparations, and chemical precursors.
It must be proven that the accused committed one of the prohibited acts stipulated in Articles (3, 4, 6) of the Law, which include importing/exporting/transporting/trafficking/producing/possessing/cultivating/using.
The elements of the crime must be present, including the material element "committing the prohibited act" and the moral element "intent and knowledge."
It is required that the accused be caught in flagrante delicto or based on a search warrant issued by the competent judicial authority "the State Security Court."
A formal seizure report must be drawn up containing all the complete details of the incident, including the type and quantity of the seized substance, the method of concealment, and the circumstances of arrest.

Drug Cases in Jordan

Drug Trafficking Cases in Jordan

Trafficking cases are among the most dangerous categories of drug cases in Jordan, and their legal classification requires the following legal conditions:

The accused deals with narcotic substances with the intent to trade and promote, whether through sale, purchase, distribution, or acting as an intermediary in these operations.
The law requires that conclusive material evidence of the accused's commercial activity be present, such as the seizure of large quantities of narcotic substances exceeding the personal possession limit, or the seizure of a precision scale, vacuum-sealing bags, cutting and mixing tools, or the existence of financial records and phone numbers linked to distribution networks.
Trafficking is considered aggravated if committed in participation with a minor, if the accused is an employee tasked with combating drugs, or if there is a repeat conviction, warranting penalties reaching life imprisonment with hard labor.

Drug Smuggling Cases in Jordan

Drug smuggling cases are among the extremely dangerous categories within drug cases in Jordan, and their legal classification requires the presence of specific legal conditions, including:

The accused brings narcotic substances or psychotropic substances into the Kingdom's territory or takes them out of it in an unlawful manner "including transit passage."
The smuggling operation must take place across land, air, or sea borders in violation of the provisions of laws and international agreements.
Smuggling is considered aggravated if carried out using various means of transport such as cars or trucks, or through skillfully concealing the substances within legitimate goods.

The law punishes the perpetrator of the smuggling offense with temporary hard labor for a period of not less than fifteen years, and the penalty reaches life imprisonment with hard labor in the case of repetition, or if the perpetrator is an employee tasked with combating drugs, or if the crime is committed in participation with a minor.

Drug Use Cases in Jordan

The classification of drug use cases requires the following legal conditions:

It must be proven that the accused has actually consumed the narcotic substance or psychotropic substance.
Laboratory tests "urine or blood analyses" are used to prove the presence of the substance or its metabolites in the accused's body.
To prove the crime of use, it is not required to seize the narcotic substance in the accused's possession, as medical laboratory evidence suffices.
The user is punished with imprisonment from one to three years and a fine from one thousand to three thousand dinars depending on the type of substance and the schedule in which it is listed.

A first-time user is granted a unique opportunity, as his act is not considered a criminal record or security record, and the court may, instead of imprisonment, order that he be placed in a specialized treatment facility or a psychological and social clinic, with a commitment to complete confidentiality.

Judicial Rulings in Drug Cases

When the charge is proven in drug cases, the State Security Court issues rulings of varying severity according to the type and seriousness of the crime. For example, in simple first-time use cases, the court may sentence the accused to one year's imprisonment with suspended execution, or order the accused be placed in a treatment facility as an alternative to a custodial sentence.

In possession-for-use cases involving prior convictions, sentences range from actual imprisonment of one to three years along with a financial fine.
In trafficking and promotion cases, rulings of temporary hard labor are issued for a period starting from five years and possibly reaching fifteen years, with fines reaching up to twenty thousand dinars.
In cases of trafficking in participation with international gangs, the court may issue a ruling of life imprisonment with hard labor or even the death penalty.

In addition to the primary penalties prescribed in the various cases, the court may order the confiscation of the narcotic substances, tools, and funds derived from the crime, and may decide to ban the accused from travel or close establishments used in the crime.

Conditions for Sentence Mitigation

The law establishes clear conditions for obtaining a mitigation of sentence in drug cases in Jordan, namely:

That the accused be a first-time drug user, as his act is not considered a criminal record or security record, in which case the court opens the door to treatment as an alternative to punishment
That the user voluntarily comes forward, on his own initiative before being caught, to specialized treatment centers, the Anti-Narcotics Department, or any security center requesting treatment, in which case no public right lawsuit is filed against him at all.
That the accused voluntarily surrenders himself to justice or reports the crime to the authorities before they become aware of it, which exempts him from punishment in certain cases.
That the accused's role in the case be secondary or marginal, including roles such as mediation or carrying the narcotic substance without knowledge.
That the accused provide important cooperation with the authorities in uncovering larger networks or local and international gangs, in which case he is exempted from punishment if his reporting leads to the arrest of all perpetrators.
The young age of the accused, his good conduct, or the absence of prior criminal convictions.

Drug Cases in Jordan

Conditions for Bail and Temporary Release

For the accused in drug cases in Jordan to obtain bail or temporary release, a set of conditions must be met:

The crime must be of the type of simple possession for use, not trafficking or smuggling.
The accused must have no prior criminal convictions in drug cases.
The release of the accused must not constitute a danger to public safety or the integrity of the investigation.
It is required that the accused have a fixed and known place of residence in Jordan and that there be no fear of his fleeing or escaping from justice.

The judge determines the amount of bail according to the type and quantity of the narcotic substance and the seriousness of the charge, and it usually ranges between two thousand and five thousand dinars, with the possibility of accepting cash bail, personal bail (guarantor), or real estate bail secured by a title deed. Bail is almost entirely refused in major trafficking, smuggling, and repeat-offense cases, or if the accused is a foreigner without fixed legal residency in the Kingdom.

Attorney Yasmin's Office for Drug Cases

Attorney Yasmin Abu Hadba's office provides comprehensive professional legal services in drug cases in Jordan of all types, from simple use up to major trafficking and smuggling cases. We are keen to provide well-studied defense strategies based on precise analysis of the circumstances of the case from the moment of arrest and search, examining the integrity of laboratory procedures and technical evidence, and ensuring that our clients' constitutional and procedural rights are not violated.

The office includes a legal team with a deep understanding of the provisions of Narcotics Law No. (23) of 2016 and its amendments, and full familiarity with the international agreements ratified by Jordan. Our office accompanies clients through all stages of litigation, starting from the initial investigation and bail request, up to pleadings before the State Security Court, the Court of Appeal, and the Court of Cassation.

We are proud of our strong track record in achieving acquittals, reducing sentences, and preserving the civil and criminal rights of the accused, with full commitment to confidentiality, transparency, and professionalism. Choosing Attorney Yasmin Abu Hadba's office is a guarantee of a strong legal defense that protects your rights and safeguards your future.

Frequently Asked Questions

Which court has jurisdiction over drug cases?

Drug cases in Jordan fall within the jurisdiction of the State Security Court, which is a special court that hears crimes affecting the security of society and the national economy.

Can a person be exempted from punishment if he surrenders himself?

Yes, Article (34) of the Law stipulates that no public right lawsuit shall be filed against anyone who voluntarily comes forward from among users of narcotic drugs and psychotropic substances to treatment centers requesting treatment. In this case, he is dealt with in complete confidentiality and is not subject to legal accountability.

What is the penalty for repeated drug use?

In the case of a repeated offense of use for the second time or more, it is recorded as an official criminal record in the judicial record, and the penalty becomes stricter, including imprisonment for longer periods reaching up to two years or more depending on the substance. Additionally, the person does not benefit from the discretionary mitigating grounds granted for the first offense.

Drug cases in Jordan require comprehensive legal awareness and the assistance of a specialized lawyer, as this constitutes a fundamental guarantee for preserving criminal and civil rights and an integral part of a fair judicial system.

Learn more:Cassation Appeal in Drug Cases Before the State Security Court in Jordan

The Accused's Right to Defense and Temporary Release in Drug Cases

Distinguishing Between Misdemeanors and Felonies in Jordanian Drug Cases

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