What is the difference between possessing drugs for personal use and for trafficking? And between possession and holding?
Many people ask us: “drug possession”, “holding a narcotic”, “difference between possession and holding”, “penalty for possession with intent to traffic”, “possession for personal use”, and “difference between Articles 34, 37 and 38 of the narcotics law”. To answer, we say: the act is the same, possession or holding, but the intent decides the offence and the penalty. With intent to traffic (Article 34) the penalty can reach death; with intent for personal use (Article 37) it is aggravated imprisonment and a lighter fine; with neither intent (Article 38) it is aggravated imprisonment and a heavier fine. Under Articles 34 and 38 the judge cannot reduce the penalty except within the limits set by Article 36. To understand your rights, stay with us and read these questions and answers.
What is possession, what is holding, and what is the difference?
| Possession | Holding | |
|---|---|---|
| Meaning | Exercising control over the narcotic even if it is not in the person's hand | Physical custody of the narcotic (carrying it or having it on one's person) |
| Duration and motive | Control with the intent to appear as the one holding it | Any motive, even on behalf of someone else; momentary or brief carrying is enough |
| Example | A narcotic hidden in a place or vehicle under the accused's control and with his knowledge | A person carrying a bag or box containing a narcotic, even for minutes |
The law treats them alike for punishment.
How is the offence committed, and how is the intent determined?
The offence arises from possessing or holding a scheduled narcotic with knowledge of its nature. The intent (trafficking, personal use, or neither) is a matter the trial court assesses from the circumstances: the quantity seized, how it was prepared, what was found with it, the circumstances of the arrest and witness statements.
What should I do to avoid getting involved in something like this?
- Do not keep a trust item, bag or parcel for anyone before knowing what is inside.
- Inspect a borrowed car or an apartment you take over before using it.
- Do not let others leave items in your home, car or shop when you do not know what they are.
- Do not agree to deliver anything when you do not know what is inside, even for a friend.
- Do not carry a controlled medicine without the original medical prescription.
What are my rights if I am accused of something like this?
- Do not sign any paper or record.
- Do not say a single word except in the presence of your lawyer.
This article is based on the laws currently in force, including the Code of Criminal Procedure currently in force; the new Law No. 174 of 2025 has been postponed until 1 October 2027.
What is the penalty for this offence?
| Article and offence | Penalty |
|---|---|
| Art. 34: possession or holding with intent to traffic | Death or life imprisonment and a fine of EGP 100,000 to 500,000; death in the aggravated cases. |
| Art. 37: possession or holding for personal use | Aggravated imprisonment and a fine of EGP 10,000 to 50,000, with the possibility of treatment instead of serving the sentence. |
| Art. 38: possession or holding without intent to traffic or for personal use | Aggravated imprisonment and a fine of EGP 50,000 to 200,000; life imprisonment and a fine of EGP 100,000 to 500,000 if the substance is cocaine, heroin or a substance in Section One of Schedule 1. |
| Art. 36: limit on leniency | For the offences in Articles 33, 34, 35 and 38 the judge may reduce the penalty only to the next penalty down, and not below 6 years where that next penalty is aggravated imprisonment or imprisonment. This Article does not apply to Article 37. |
Does a pardon or early release apply to this penalty, or does the accused serve it in full?
It depends on the circumstances of the case, the penal provisions stated in the conviction judgment, and the decisions of the Minister of Interior in this regard.
What should I do if I could not handle it and ended up in a problem like this?
Do not act, and do not sign anything, before speaking with a lawyer who specialises in criminal cases; the first steps of the investigation determine the course of the whole case.
If you are a party to a similar problem, keep our number with you or with a family member and call us immediately so we can step in as quickly as possible. Our team's experience in these cases saves you time and puts your rights on the right track from the first step. Call or WhatsApp: +20 120 855 5806.
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This article is general information for legal awareness and does not replace legal advice on your particular situation.