Drug use in Tunisia: what Law 52 says and what the 2017 amendment changed

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Topic: Criminal law

Using or possessing drugs in Tunisia: penalties under Law 92-52, the 2017 amendment, repeat offences, police custody, treatment and bulletin n° 3.

In Tunisia, using or possessing narcotics for personal use, cannabis (zatla) included, is still an offence under Law n° 92-52 of 18 May 1992. The 2017 amendment did not decriminalise it: it gave judges back the power to apply mitigating circumstances, so a first-time user no longer automatically faces a minimum of one year in prison. What the law punishes Law 92-52 prohibits the cultivation, consumption, possession, purchase, transport and supply of the narcotics listed in its annexed table, except for authorised medical, pharmaceutical and scientific uses. Penalties depend on the act: Use or possession for personal use (article 4): one to five years' imprisonment and a fine of 1,000 to 3,000 dinars. An attempt is also punishable. Knowingly frequenting a place set up for drug use where drugs are used (article 8): six months to three years and a fine of 1,000 to 5,000 dinars. The spouse, parents, children and household members of the person who set up the place are exempt. Possession for trafficking, supply, import or export (articles 5 onwards): far heavier penalties, starting at six years' imprisonment. The maximum penalty is imposed when the offence involves a minor or is committed in certain places, such as schools, cafés, stadiums, public gardens or prisons (article 11). What changed in 2017 Until 2017, article 12 of the law excluded article 53 of the Penal Code for every drug offence. Article 53 is the provision that lets a court go below the legal minimum when mitigating circumstances justify it, and grant a suspended sentence under conditions. Law n° 2017-39 of 8 May 2017 rewrote article 12: article 53 still does not apply to drug offences, except those in articles 4 and 8. In practice, for use and possession for personal use, the judge may now take the person's situation into account and impose less than one year or suspend the sentence. This is discretion, not an entitlement: the judge may still impose the full penalty. First offence and repeat offence A suspended sentence is only available to someone who has not already been sentenced to imprisonment for a crime or délit. For a repeat offence, article 14 of Law 92-52 provides that the maximum penalty is always applicable, so the outcome becomes far harsher. Testing, arrest and police custody Seized substances are inventoried in the suspect's presence and a sample is analysed only by a public laboratory. If you are arrested, the ordinary custody rules apply: custody requires the public prosecutor's authorisation, lasts at most 48 hours and can be extended only once, by 24 hours for a délit, by a reasoned written decision. You must be told your rights and can ask for a lawyer, a medical examination and for a relative to be informed. Ask for a lawyer straight away and read the police record carefully before signing it: a test result, where one was taken, is often a central piece of evidence. Treatment instead of prosecution The law offers a route to care. A drug-dependent person who, before the facts are discovered, applies for the first time, personally or through a spouse, parent, child or doctor, to the commission on drug addiction for detoxification treatment is not prosecuted, as long as they do not stop the treatment without the agreement of their doctors or the commission. What is disclosed to the commission is covered by professional secrecy. After a conviction under article 4, the court may order treatment in a public hospital; if the person refuses, the prosecutor can ask the president of the court of first instance to order it. Criminal record A conviction is entered in the criminal record. However, bulletin n° 3, the extract employers and public bodies ask for, does not show a suspended sentence unless a new conviction cancels the suspension, and leaves out certain short sentences under conditions set by the Code of Criminal Procedure. That is one reason the 2017 change matters for young first offenders. What to do If you or a relative is arrested, contact a criminal lawyer immediately; if you cannot afford one, ask about legal aid. If a family member is dependent, seek medical help and ask about the voluntary treatment route before any prosecution begins. The narcotics law is regularly the subject of reform proposals, so check that no new text has been published in the Official Journal before relying on these rules. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 30 October 2026