Possession of Narcotic Substances for Personal Use under Jordanian Law
One of the harshest surprises a family in Jordan can face is for their son to be caught with a small quantity of a narcotic substance, and then to read in the indictment a description of promotion or trafficking rather than use, with a difference in penalty between the two descriptions measured in years. The Narcotic Drugs and Psychotropic Substances Law No. 23 of 2016 regulates multiple forms of these crimes, including use, possession for personal use, promotion and trafficking, with the provisions and penalties prescribed for each form differing according to the nature of the act and the surrounding circumstances. The deciding factor between these forms is not the quantity of the substance or the place of seizure alone, but the intent the court infers from the evidence as a whole, an inference that can be challenged and can end with the description being amended from a felony to a misdemeanor. Because this challenge is built at an early stage in the life of the file and with precise technical tools, engaging a specialist lawyer from the first day of the seizure is not an optional improvement; it is what determines the description on which the accused will be tried.
1. What Is Meant by Possession in Drug Crimes
Possession in drug crimes means taking hold of the narcotic substance or controlling it by way of ownership or exclusive control, in whatever form that control takes. Possession need not be physical and direct, with the substance in the accused's hand at the moment of arrest; it may exist whenever the person's actual control over the substance is established, together with his knowledge of its nature and his will to possess it.
Accordingly, punishable possession is possession based on knowledge and will: the accused's knowledge that the substance he has taken hold of is a narcotic or psychotropic substance, and the direction of his will toward possessing and controlling it.
Here lies a critically important point that many accused persons and their families overlook: the mere presence of a narcotic substance in a place connected to the accused is not in itself enough to prove the crime, unless his connection to it, his control over it and his knowledge of its true nature are established, according to what the court infers from the evidence as a whole and the circumstances surrounding the case. A substance seized in a vehicle carrying several people, or in a home where more than one person lives, raises a real legal question about attributing it to the person in whose place it was seized, a question the lawyer manages with the tools of proof rather than mere denial.
2. Possession for Personal Use Is a Crime in Its Own Right
Possession of narcotic substances for personal use is an independent crime, and it does not require proof that the accused actually used the substance in his possession. If it is established that he possessed it knowing its nature, and that the purpose of possessing it was to use or consume it, the elements of the crime may be met even if he was not caught while using it.
The substance may be found in the accused's clothing, home, vehicle or any other place over which he has actual control, provided his knowledge of it, his control over it and his purpose in possessing it are established. In this way, possession for personal use differs from actual use, although the two may be combined in a single incident where there is evidence of each.
For the broader distinction between this form and promotion and trafficking, the distinction around which most drug files revolve, we have dealt with the elements of each form separately in our article on the difference between drug possession, use and trafficking under Jordanian law.
3. The Elements of the Crime
The crime rests on elements that must all be established before criminal liability can be attributed to the accused.
The material element consists of the criminal conduct of possessing the narcotic substance, the psychotropic substance or any of the substances covered by the legal criminalization, such that the accused has actual control over it. Possession need not be direct, nor must the substance be in his hand at the time of seizure; it is enough, depending on the circumstances of the incident and what the evidence establishes, that he has control over it.
The mental element consists of criminal intent, and requires the accused's knowledge that the substance he possesses is a narcotic or psychotropic substance, and the direction of his will toward possessing it. In this crime specifically, mere knowledge of possession is not enough; the accused's will must be directed toward possessing the substance for the purpose of using it, which is the specific intent that distinguishes this description from others.
As for the criminal result, completion of the crime does not require proof that the accused actually used the substance, since it is established once possession combined with the specific intent is proven. Accordingly, catching the accused in possession of a narcotic substance, with proof of his knowledge of it and that his purpose in possessing it was to use it, may be sufficient for the crime to be established, provided the court is convinced by the evidence presented.
4. The Penalty According to the Schedule of the Seized Substance
The Jordanian legislature regulated the penalty for possessing narcotic substances for personal use under the provisions of Article 9(a) of the Narcotic Drugs and Psychotropic Substances Law, with the penalty differing according to the type of substance and the schedule in which it appears. Subsequent legislative amendments introduced a classification of penalties linked to the schedules annexed to the law:
| Schedule of the seized substance | Imprisonment | Fine |
|---|---|---|
| Schedules 1, 2, 4, 5 and 6 | Not less than one year and not more than three years | Not less than one thousand Jordanian dinars (JOD) and not more than three thousand dinars |
| Schedules 7 and 8 | Not less than six months and not more than one year | Not less than five hundred dinars and not more than one thousand dinars |
| Schedule 10 | Not less than three months and not more than six months | Not less than two hundred dinars and not more than five hundred dinars |
| Schedules 3 and 9 | Not less than one month and not more than six months | From two hundred dinars to five hundred dinars, or imprisonment, or both penalties, according to the applicable provision |
The provision covers anyone who uses, smuggles, imports, produces, manufactures, possesses, holds, buys or cultivates any narcotic or psychotropic substance, preparation or plant from which narcotic substances are produced, for the purpose of using it.
The effect of this classification is that the penalty cannot be determined in isolation from determining the type of narcotic substance and the schedule in which it falls. This very point is among the first things the lawyer scrutinizes in the file, reviewing the laboratory examination report, the percentage of active substance and the description of the seized substance, because an error or gap in this description changes the entire penalty bracket.
Practical note: Many files are effectively decided in the seizure report and the first statements, before the file even reaches the court. Here the lawyer scrutinizes the regularity of the seizure and search procedures, the circumstances in which statements were taken and the chain of custody of the seized items. Do not make any statement about the source of the substance or about other persons before a lawyer is present, because a single phrase at this stage may turn the description from use into promotion.
5. The Security Record and the First Offense
One of the important matters the legislature regulated is the effect of committing the crime of use or possession for personal use on the criminal record and the security record. Under Article 9(b), the crime of use or possession for personal use, in the case specified by law, is not considered a criminal record or a security record against the person who commits it for the first time.
The effect of this provision on a person's future is significant, because it affects employment, travel and everything else that follows from a security record. Therefore, describing the incident as a first offense has legal importance that goes beyond the penalty itself to what comes after it. In the case of a repeat offense, however, the legal consequences differ, and the previous crime affects the legal position of the accused.
Committing the crime a second time does not necessarily mean that the basic penal provision itself changes; rather, the provisions in force and the legal circumstances specific to the case must be considered, in addition to the accused's criminal record, while the court retains its authority to determine the penalty within the limits set by law. However, committing it a second time may result in it being considered a criminal record and a security record in accordance with the provisions in force, unlike the case the law treats as a first offense. Determining whether a particular incident falls under the first-offense provision is a matter the lawyer builds on the record of the file and its documents, and it is one of the most important points to insist on before the court.
6. Pretrial Detention and Release
The question of releasing the accused or granting bail is subject to the procedural provisions on pretrial detention and release, and to the assessment of the competent court and whether the conditions for release and bail are met in each case.
There is no ready-made request on this matter that fits every file. It is the lawyer who assesses, according to the description charged, the circumstances of the incident and the client's position, whether the time is right to submit the request at all, what elements support the request in this particular file, and how they are presented to the court in a way that serves the overall defense strategy and does not conflict with it. Submitting the request does not mean it must be granted, as the matter remains subject to the legal provisions and the assessment of the competent court. This is why applying for release without linking it to the defense strategy often wastes an opportunity that does not easily come again.
7. Use and Possession for Personal Use
The crime of use may be combined with the crime of possession for personal use in a single incident, but each has different criminal conduct. The crime of use rests on proof of use of the narcotic substance, while the crime of possession for personal use rests on proof of possession of the substance together with the specific intent to use it.
The penalty prescribed for both may be the same under the applicable provision, but in the case of use the court may take into account the nature and circumstances of the accused and whether he suffers from an addiction requiring treatment, within the limits permitted by law, including applying the alternative or therapeutic measures permitted by the legislature. Assessing whether the treatment path is available and appropriate in a particular file, and when it is put to the court, are questions the lawyer settles after studying the file, because raising it in the wrong place may be read as an admission that harms the defense on another front.
The effect of these files may extend beyond the criminal sphere, particularly in family disputes, which we have dealt with in our article on a husband's drug use and its effect on divorce and custody.
8. The Court's Power to Amend the Legal Description of the Charge
Here lies the most important point in this area for an accused who has been charged with a description heavier than what he actually did.
It is a settled principle in criminal justice that the court is not bound by the legal description the Public Prosecution gives to the facts; rather, it has the power to characterize the facts and the charge according to what it infers from the evidence presented in the case. If the acts attributed to the accused were initially described as promotion of or trafficking in narcotic substances, and it then becomes clear to the court from the evidence that it does not establish an intent to promote or traffic, but establishes possession of the substance for personal use, the court may, within the limits and procedures set by law, amend the legal description of the charge to the description whose elements are met.
The Jordanian Court of Cassation, in its criminal capacity, confirmed this principle in Judgment No. 2443 of 2020, in which the legal description of the charge was amended from jointly distributing and promoting narcotic substances to the misdemeanor of possessing a narcotic substance for personal use, based on the provisions of Article 234 of the Criminal Procedure Law, and the accused was convicted under the amended legal description.
This confirms that what counts in criminal characterization is not only the description in the indictment, but the true facts established before the court and whether the legal provision applies to them. However, this amendment does not happen automatically or merely because the accused denies the charge; it is built on defense work that dismantles the elements of the heavier intent and establishes the elements of the lighter description, which is exactly what neither the accused nor his family can do from outside the rules of trial procedure.
9. Combination of the Two Charges and Its Effect on the Penalty
The crime of possessing narcotic substances for personal use may be established against the accused, and at the same time the crime of use may also be established against him, where there is legal evidence of each. In this case he may be convicted of both crimes, but the enforcement of the penalties is subject to the rules on multiple offenses and connected offenses set out in the Penal Code.
The Jordanian Court of Cassation, in its criminal capacity, addressed this matter in Judgment No. 2380 of 2020. The facts of the case, in summary, were that the accused was a drug user, and he was arrested on June 17, 2020 while inside a vehicle in the Sahab area, where two pieces of tinfoil containing the narcotic substance crystal were seized in his possession, and it was established that they belonged to him and that he possessed them for the purpose of using them. He was charged with two offenses: possession of narcotic substances for personal use contrary to the provisions of Article 9(a) of the Narcotic Drugs and Psychotropic Substances Law No. 23 of 2016, and use of narcotic substances contrary to the provisions of the same article. After weighing and assessing the evidence, the court found that the elements of both charges were established against him, particularly in light of his confession before the court, so it convicted him of both charges and sentenced him to the prescribed penalty, then applied one of the two penalties to him in accordance with the provisions of Article 72(1) of the Penal Code, with credit for the period of pretrial detention and confiscation of the seized narcotic substances.
What can be drawn from this ruling is that proof of use alongside possession for personal use does not prevent both charges from being brought; rather, the penalties are dealt with according to the legal rules on multiple offenses and penalties.
10. Proving Intent Is the Real Battle
Proving intent is one of the most important questions in this crime, since proving the presence of the narcotic substance is not enough; the accused's connection to it, his knowledge of its true nature and the direction of his will toward possessing it must be established, in addition to the specific intent relating to use.
The court infers this intent from the circumstances of the case as a whole, including the statements of the accused, the place where the substance was seized, the way it was concealed, its quantity, the circumstances of the seizure and all the other evidence and presumptions before it. The court is not bound to rely on a single piece of evidence in isolation from the other elements of the case; it has the power to weigh the evidence and form its conviction from it in accordance with the law.
Here the technical nature of these files becomes clear: the same presumptions from which an intent to use is inferred are those from which an intent to promote may be inferred, and the difference between the two inferences is made by the arrangement of the evidence and challenging it, not by the accused's own account of himself. We set out this practical dimension in detail in our article on drug cases and a drug cases lawyer in Amman.
Frequently Asked Questions
Is the crime established if it is not proven that the accused actually used the substance?
Yes. Possession for personal use is an independent crime, and it does not require proof of actual use. Once possession is established, together with knowledge of the nature of the substance and the specific intent to use it, the elements of the crime are met even if the accused was not caught while using it.
Is the presence of the substance in the accused's home or vehicle enough to convict him?
Not in itself. The accused's connection to the substance, his control over it and his knowledge of its true nature must be established, according to what the court infers from the evidence as a whole and the circumstances surrounding the case, which opens the door to a challenge when the place is shared by more than one person.
What is the penalty for drug possession for personal use in Jordan?
It varies according to the schedule of the seized substance under Article 9(a). Substances in Schedules 1, 2, 4, 5 and 6 are punishable by imprisonment for not less than one year and not more than three years and a fine of not less than one thousand Jordanian dinars (JOD) and not more than three thousand dinars; substances in Schedules 7 and 8 by imprisonment from six months to one year and a fine from five hundred to one thousand dinars; substances in Schedule 10 by imprisonment from three months to six months and a fine from two hundred to five hundred dinars; and substances in Schedules 3 and 9 by imprisonment from one month to six months, or a fine from two hundred to five hundred dinars, or both penalties, according to the applicable provision.
Is the crime recorded as a criminal record or a security record?
Article 9(b) provides that the crime of use or possession for personal use is not considered, in the case specified by law, a criminal record or a security record against the person who commits it for the first time. In the case of a repeat offense, the legal consequences differ.
Can a promotion charge be reduced to possession for personal use?
The court is not bound by the description the Public Prosecution gives, and it has the power to characterize the facts according to what it infers from the evidence. The Court of Cassation, in Judgment No. 2443 of 2020, confirmed amending the description from joint distribution and promotion to the misdemeanor of possessing a narcotic substance for personal use, based on Article 234 of the Criminal Procedure Law. However, the amendment is built on defense work that dismantles the elements of the heavier intent, and it does not happen through mere denial.
What if the accused is charged with both use and possession at the same time?
He may be convicted of both charges where there is evidence of each, and the penalties are dealt with according to the rules on multiple offenses and connected offenses in the Penal Code. In Judgment No. 2380 of 2020, the Court of Cassation applied one of the two penalties based on Article 72(1) of the Penal Code, with credit for the period of pretrial detention.
Can the accused be released on bail in these cases?
The matter is subject to the procedural provisions on pretrial detention and release and to the assessment of the competent court and whether the conditions for release and bail are met in each case, and submitting the request does not mean it must be granted. The lawyer builds the timing and content of the request in line with the overall defense strategy in the file.
Which court has jurisdiction over drug cases?
The State Security Court has jurisdiction over the crimes falling within its competence under the State Security Court Law and the relevant legislation, including the crimes set out in the Narcotic Drugs and Psychotropic Substances Law within the scope of jurisdiction established by law, and it examines the evidence presented by the Public Prosecution and the defense in order to determine whether the charge is established. If the accused had not reached eighteen on the day of the incident, the lawyer examines the file in light of Juveniles Law No. 32 of 2014, which places the trial of a juvenile before the juvenile courts, as set out in the article Juvenile Cases under Jordanian Law.
Legal Consultation
Drug files are among the files whose outcome is most often decided in their first days, because the difference between a description of promotion and a description of possession for personal use is the difference between a felony and a misdemeanor, between a penalty measured in years and one measured in months, and between a security record that follows its holder and an incident that does not count as a record the first time. What decides this difference is not the accused's own account of himself, but challenging the presumptions from which intent is inferred, the regularity of the seizure and search procedures, the description of the substance and its schedule, and the timing of each request submitted to the court. This is why every day that passes without a lawyer in these files is a day in which statements and reports accumulate that are hard to retract later, which our firm's team handles through defense in criminal cases, including reviewing seizure procedures, challenging the criminal description and building defenses relating to intent. You can contact Alabwini Law Firm to arrange a specialist legal consultation.
