Narcotics and Psychotropics Control Act (Tentative translation)
Chapter I General Rules (Article 1 and Article 2)
Chapter II Narcotics Control
Section 1 License (Article 3 to Article 11)
Section 2 Prohibition and Restriction (Article 12 to Article 29-2)
Section 3 Handling (Article 30 to Article 36)
Section 4 Records and Notification Concerning Business (Article 37 to Article 49)
Chapter III Psychotropics Control
Section 1 License and Registration (Article 50 to Article 50-7)
Section 2 Prohibition and Restriction (Article 50-8 to Article 50-18)
Section 3 Handling (Article 50-19 to Article 50-22)
Section 4 Record and Notification Concerning Business (Article 50-23 and Article 50-24)
Section 5 Miscellaneous Rules (Article 50-25 to Article 50-26)
Chapter III-II Notification, etc. Concerning Narcotics and Psychotropics Raw Material (Article 50-27 to Article 50-37)
Chapter IV Supervision (Article 50-38 to Article 58)
Chapter V Measures, etc. to Narcotic addict (Article 58-2 to Article 58-19)
Chapter VI Miscellaneous Rules (Article 59 to Article 63)
Chapter VII Punishment (Article 64 to Article 76)
Supplementary Provisions
Chapter 1 General Rules
(Purpose)
Article 1 This Act is to perform a necessary control over importing, exporting, manufacturing, formulation of pharmaceuticals, transferring, etc. of narcotics and psychotropics, and take measures to implement necessary medical care for narcotic addict, etc. and prevent harms in health hygiene by abusing narcotics and psychotropics, thereby enhancing public welfare.
(Definition of Glossary)
Article 2 The definition of the glossary as listed in each item in the following in this Act shall be provided for in the said each item.
(i) Narcotic: Articles as listed in the attached table No. 1 are referred to.
(ii) Opium: The opium provided for under the Opium Act (Act No. 71 of 1954) is referred to.
(iii) Opium poppy: The opium poppy provided for under the opium Act is referred to.
(iv) Narcotics raw material plants: The plants as listed in attached table No. 2 are referred to.
(v) Exempt narcotics: The article as listed in the attached table No.1(xxxxxxxvi)(a) is referred to.
(vi) Psychotropic: The article as listed in the attached table No. 3 is referred to.
(vii) Narcotics and psychotropics raw material: The article as listed in the attached table No. 4 is referred to.
(viii) Narcotics handler: narcotics importer, narcotics exporter, narcotics manufacturer, narcotics preparation supplier, manufacturer of exempt narcotics preparations, narcotics central wholesale dealer, narcotics wholesale dealer, narcotics retailer, narcotics administer, narcotics administrator and narcotics researcher.
(ix) Narcotics dealer: narcotics handler other than narcotics practitioner, narcotics administrator and narcotics researcher.
(x) Narcotics importer: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of importing narcotics.
(xi) Narcotics exporter: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of exporting narcotics.
(xii) Narcotics Manufacturer: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of manufacturing narcotics (including refining narcotics, and converting narcotics into other adding chemical reactions. The same is hereinafter.).
(xiii) Narcotics compounder: A person who is authorized by the Minister of Health, Labour, and Welfare to prepare narcotics formulation of pharmaceuticals (converting narcotics into other narcotics without adding any chemical reactions is referred to. However, excluding formulation of pharmaceuticals. The same is hereinafter.), or subdividing narcotics (what dividing narcotics taken over from others into several parts that are put into tinny containers is referred to. The same is hereinafter.) to be engaged in the business of performing the foregoing.
(xiv) Manufacturer of exempt narcotics preparations: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of exempt narcotics preparations.
(xv) Narcotics central wholesale dealer: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of transferring narcotics to a narcotics wholesale dealer.
(xvi) Narcotics wholesale dealer: A person who is authorized by the governor to be engaged in the business of transferring narcotics to a narcotics retailer, the establisher of a narcotics medical examination facility or the establisher of a narcotics laboratory.
(xvii) Narcotics retailer: A person who is authorized by the governor to be engaged in the business of transferring narcotics prepared in accordance with a prescription (hereinafter "the narcotics prescription" is referred to.) where the narcotics of a narcotics practitioner are described.
(xviii) A narcotics practitioner: A person who is authorized by the governor to employ a narcotics in the business, or issue a narcotics to employ it, or issue a subscription where a narcotics is described is referred to.
(xix) A narcotics administrator: A person who is authorized by the governor to administrate narcotics to be practiced at a narcotics medical examination facility and narcotics to be issued for practicing it in the business.
(xx) A narcotics researcher: A person who is authorized by the governor to cultivate a narcotics raw material plant for an academic study, manufacture a narcotics, or use a narcotics or opium or opium poppy.
(xxi) A narcotics place of business: A shop, manufacturing works, preparation works, pharmacy, hospital, clinic (including the address of a doctor or dentist provided for in paragraph (1), Article 5 of the Medical Service Act (Act No. 205 of 1948). The same is hereinafter.), a rearing animal medical examination facilities (a medical examination facilities provided for in paragraph (2), Article 2 of Veterinarian Therapy Act (Act No. 46 of 1992) is referred to,, including the address of a visiting physician, etc. provided for in paragraph (1), Article 7 in the same Act. The same is hereinafter.) and a research laboratory is referred to. However, two or more hospitals exist within a district of the same prefecture, a clinic or a rearing animal medical examination facilities (hereinafter the "hospital, etc." are referred to.) or with regard to a narcotics practitioner or a narcotics researcher, hospitals, etc. or research facilities only engaged in the business of medical examination or study shall be narcotics places of business where a narcotics handler who handles narcotics in the business and for study.
(xxii) Narcotics medical examination facilities: Hospitals, etc. where narcotics practitioner are engaged in the medical examination and treatment are referred to.
(xxiii) Narcotics research laboratory: A research laboratory where a narcotics researcher is engaged in the studies is referred to.
(xxiv) Narcotic addiction: "Chronic addiction of narcotics, hemp or opium" is referred to.
(xxv) Narcotic addict: "A person who is in state of narcotic addiction" is referred to.
(xxvi) Psychotropics handler: "Psychotropics importer, psychotropics exporter, psychotropics manufacturer/compounder, psychotropics utilizer, psychotropics wholesale dealer, psychotropics retailer, the establisher of hospital, etc. and psychotropics test laboratory establisher" are referred to.
(xxvii) Psychotropics dealer: "The establisher of hospital, etc. and a psychotropics handler other than psychotropics test laboratory establisher" are referred to.
(xxviii) Psychotropics importer: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of importing psychotropics.
(xxix) Psychotropics exporter: A person who is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of exporting psychotropics.
(xxx) Psychotropics manufacturer/compounder: A person who is authorized by the Minister of Health, Labour, and Welfare to manufacture pychotropics (including refining pychotropics, and converting pychotropics into others by adding chemical reactions. The same is hereinafter.), to prepare pychotropics (converting pychotropics into others without adding any chemical reactions. However, excluding formulation of preparations. The same is hereinafter.), or subdividing pychotropics (subdividing pychotropics taken over from others and put them into tinny containers. The same is hereinafter.).
(xxxi) Psychotropics utilizer: "A person is authorized by the Minister of Health, Labour, and Welfare to be engaged in the business of converting pychotropics by adding chemical reactions into other than pychotropics " is referred to.
(xxxii) Psychotropics wholesale dealer: A person who is authorized by the governor to be engaged in the business of transferring pychotropics to pychotropics handlers (excluding pychotropics importers.).
(xxxiii) Psychotropics retailer: A person who is authorized by the governor to be engaged in the business of transferring pychotropics prepared with a prescription where pychotropics is described (hereinafter the "pychotropics prescription" is referred to.) to others.
(xxxiv) Psychotropics test laboratory establisher: A person who is the establisher of a facilities (hereinafter the "pychotropics test laboratory facilities" is referred to.) manufacturing or using pychotropics for an academic study or test inspection and is registered by the Minister of Health, Labour, and Welfare or the governor.
(xxxv) Psychotropics sales office: A shop, a works, place of preparations, and pharmacy who is independently engaged in the business of handling pychotropics.
(xxxvi) Narcotics, etc. raw material dealer: Narcotics, etc. raw material importer, narcotics, etc. raw material exporter, narcotics, etc. raw material manufacturer and narcotics, etc. raw material retailer are referred to.
(xxxvii) Narcotics, etc. raw material importer: A person who is engaged in the business of importing narcotics and psychotropics raw material.
(xxxviii) Narcotics, etc. raw material exporter: A person who is engaged in the business of exporting narcotics and psychotropics raw materials.
(xxxix) Narcotics, etc. raw material manufacturer: A person who is engaged in the business of manufacturing narcotics and psychotropics raw materials (refining narcotics and psychotropics raw materials, and including converting narcotics and psychotropics raw materials by adding or without chemical reactions into others. However, excluding pharmaceutical production. The same is hereinafter.) or subdividing narcotics and psychotropics raw materials (subdividing narcotics and psychotropics raw materials taken from others and putting them into tinny containers are referred to. The same is hereinafter.)
(xxxx) Specified narcotics, etc. raw material manufacturer: A person who is engaged in the business of manufacturing narcotics and psychotropics raw materials provided for in a cabinet order (hereinafter the "specified narcotics and psychotropics raw materials" are referred to.), or subdividing narcotics and psychotropics raw materials.
(xxxxi) Narcotics, etc. raw materials retailer: A person who is engaged in the business of transferring specified narcotics and psychotropics raw materials to others.
(xxxxii) Specified narcotics, etc. raw materials retailer: A person who is engaged in the business of transferring specified narcotics and psychotropics raw materials to others.
(xxxxiii) Narcotics, etc. raw material sales office: A narcotics, etc. raw material dealer is engaged in the business of handling narcotics and psychotropics raw materials through a shop, works and pharmacy.
Chapter II Narcotics Control
Section 1 License
(License)
Article 3 (1) A narcotics importer, a narcotics exporter, a narcotics manufacturer, narcotics compounder, a manufacturer of exempt narcotics preparations or a narcotics central wholesale dealer shall be licensed by the narcotics place of business by the Minister of Health, Labour, and Welfare and a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics researcher shall be licensed by the narcotics place of business by the governor, respectively.
(2) A person who must be listed in the following may not be licensed.
(i) With regard to the license of a narcotics importer, a person who is authorized to be engaged in the business of manufacturing pharmaceuticals pursuant to the provision of the Pharmaceutical Affairs Act (Act No. 145 of 1960. Hereinafter "the pharmaceutical and medical equipment Act" is referred to.)
(ii) With regard to the license of a narcotics exporter, a person who is authorized to manufacture and sell pharmaceuticals or is authorized to sell pharmaceuticals pursuant to the provision of the pharmaceuticals medical machinery, etc. Act and the person shall be a pharmacist or the person uses a pharmacist.
(iii) With regard to the license of a narcotics manufacturer or a narcotics compounder, a person who is authorized to be engaged in the business of manufacturing and selling pharmaceuticals pursuant to the provision of the pharmaceuticals medical machinery, etc. Act.
(iv) With regard to the license of a manufacturer of exempt narcotics preparations, a person who is authorized to be engaged in the business of manufacturing pharmaceuticals pursuant to the provision of the pharmaceuticals medical machinery, etc. Act.
(v) With regard to the license of a narcotics central wholesale dealer or a narcotics wholesale dealer, a person who is authorized to be engaged in the business of establishing a pharmacy pursuant to the provision of the pharmaceuticals medical machinery, etc. Act or is authorized to be engaged in the business of selling pharmaceuticals and the person himself or herself shall be a pharmacist or use a pharmacist.
(vi) With regard to the license of a narcotics retailer, a person who is authorized to be engaged in the business of establishing a pharmacy pursuant to the provision of the pharmaceuticals medical machinery, etc. Act.
(vii) With regard to the license of a narcotics practitioner, a doctor, a dentist or a veterinarian shall be licensed.
(viii) With regard to the license of a narcotics administrator, a doctor, a veterinarian or a pharmacist shall be licensed.
(ix) With regard to the license of a narcotics researcher, a person who cultivates a narcotics raw material plant for an academic study, manufactures a narcotics, needs to use a narcotics, opium, or opium poppy.
(3) A person who falls under any of each item as listed in the following may not be licensed.
(i) A person whose license has been cancelled pursuant to paragraph (1), Article 51 and three years have not yet lapsed since the date of the cancellation.
(ii) A person who has been sentenced to serve at least imprisonment, has completed the execution, or after the execution ceases to be effective, and three years have not yet lapsed.
(iii) A person who has violated this Act, the cannabis control Act (Act No. 124 of 1948), the opium Act, the pharmacists Act (Act No. 146 of 1960), the pharmaceutical and medical equipment, etc. Act, the medical Act (Act N. 201 of 1948), the Acts and Ordinances concerning other pharmaceutical affairs and medical matters or dispositions based on these, and two years have not yet lapsed since the date of the violative conduct, except for a person falling under the preceding item (ii).
(iv) Adult ward
(v) What are provided for under Ordinances of the Ministry of Health, Labour, and Welfare as a person who can't adequately execute the business of a narcotics handler caused by mental and physical handicaps.
(vi) Narcotic addict or stimulant addict.
(vii) A person who falls under any of the said each item out of officials executing the business in a legal person or a party.
(License)
Article 4 (1) When the Minister of Health, Labour, and Welfare licenses a narcotics handler pursuant to the provision of the preceding Article, the said Minister shall issue the said narcotics handler a license.
(2) The matters such as name of narcotics handler or appellation and address and the matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare shall be described in the license.
(3) The license shall not be transferred or be lent to others.
(Valid Term of License)
Article 5 The valid term of a narcotics handler shall be from the date of the license to December 31, the next year of the year to which the date belongs.
(Lapse of License)
Article 6 When the valid term of a narcotics handler's license expires in addition to it is cancelled pursuant to the provision of paragraph (1), Article 51, the force shall cease to be effective if it falls under any of each item in the following.
(i) When filing a notification in paragraph (1) in the next Article.
(ii) When the said narcotics handler is disqualified pursuant to the provision of each item in paragraph (2), Article 3.
(Notification of Abolition, etc. of Business)
Article 7 (1) When a narcotics handler abolishes the business or the study concerning the narcotics in the narcotics place of business pertaining to the said license for the valid term of the said license, the said narcotics handler, a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer exempt narcotics preparations or a narcotics central wholesale dealer shall notify the Minister of Health, Labour, and Welfare of the gist together with the license, and a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics shall notify the governor of the gist together with the license within 15 days, respectively.
(2) The provision in the preceding paragraph shall be applied mutatis mutandis when a narcotics handler becomes disqualified in each item in paragraph (2), Article 3.
(3) When a narcotics handler deceases, or a narcotics handler that is a legal person is dissolved, the heir or a person who administers an inherited property in place of the heir or a liquidator or a receiver or a legal person that exists after a merger, or the representative of a legal person established by a merger shall notify the Minister of Health, Labour, and Welfare of the gist together with each license, when a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations, or a narcotics central wholesale dealer deceases or is dissolved, and heirs such as liquidator and receiver shall notify the governor of gist of each death or dissolution together with the license, when a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics researcher within 15 days, respectively.
(Return of License)
Article 8 When the valid term of the license of a narcotics handler expires or whose license is cancelled pursuant to the provision in paragraph (1), Article 51, a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations, or a narcotics central wholesale dealer shall return each license to the Minister of Health, Labour, and Welfare, and a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics researcher shall return each license to the governor within 15 days, respectively.
(Notification of Changes in Described Matters in License)
Article 9 (1) When the described matters are changed in the license of a narcotics handler, a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations, or a narcotics central wholesale dealer shall notify the Minister of Health, Labour, and Welfare of the gist together with each license, and a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics researcher shall notify the governor of the gist together with each license with 15 days, respectively.
(2) When a notification in the preceding paragraph is filed with the Minister of Health, Labour, and Welfare or the governor, they shall individually quickly replace the old license with a new one where the new matters are totally described and the old matters are all deleted in it. Thus, a new license shall be re-issued to the said narcotics handler.
(Re-issuance of License)
Article 10 (1) When a narcotics handler has damaged or lost the license, a narcotics handler, a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations, or a narcotics central wholesale dealer shall individually file an application form for re-issuance of the license with the Minister of Health, Labour, and Welfare together with the reasons and the damaged license if damaged, and a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics researcher shall individually file an application form for re-issuance of the license with the governor with the reasons and the damaged license if damaged within 15 days, respectively.
(2) If a narcotics handler has discovered the lost license after receiving a re-issued license pursuant to the provision of the preceding paragraph, a narcotics handler, a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations, or a narcotics central wholesale dealer shall individually return each license to the Minister of Health, Labour, and Welfare together with the found license, and a narcotics wholesale dealer, a narcotics retailer, a narcotics practitioner, a narcotics administrator or a narcotics researcher shall individually return each license to the governor within 15 days, respectively.
Article 11 Deleted.
Section 2 Prohibition and Restriction
(Prohibited Conducts)
Article 12 (1) Any person shall not import, export, manufacture, compound, subdivide, transfer, receive, issue, administer, possess, or dispose of diacetylmorphine, its salts or a narcotics containing any of these (hereinafter "diacethylmorphine, etc." are referred to.). However, when the establisher of a narcotics laboratory is authorized by the Minister of Health, Labour, and Welfare to transfer, receive, or dispose of a narcotics and a narcotics researcher is authorized by the Minister of Health, Labour, and Welfare to manufacture, compound, subdivide, administer, or possesses a narcotics for the stud, this shall not apply.
(2) Any person shall not import or export opium.
(3) Any person shall not cultivate a narcotics raw material plant. However, when a narcotics researcher is authorized by the Minister of Health, Labour, and Welfare to cultivate the same for study, this shall not apply.
(4) Any person shall not be practitioned by diacethylmorphine, etc. prohibited pursuant to the provision of paragraph (1).
(Import)
Article 13 (1) If a person is not a narcotics importer, the person shall not import the narcotics (excluding diacetylmorphine, etc. and the narcotics provided for in paragraph (2) in the preceding Article. The same is hereinafter up to Article 19-2.). However, when a person who enters this country is authorized by the Minister of Health, Labour, and Welfare to import the narcotics by taking the same with the person to medically treat his or her disease, this shall not apply.
(2) It shall be considered that a person who has imported the narcotics by taking it with the person pursuant to the provisions in the proviso of the preceding paragraph is a person who is given the narcotics for administering from a narcotics practitioner with regard to the proviso in paragraph (1), Article 24, the proviso in paragraph (1), Article 27, and the proviso in paragraph (1), Article 28.
(Authorization of Import)
Article 14 (1) Whenever a narcotics importer intends to import a narcotics, a narcotics importer must be authorized by the Minister of Health, Labour, and Welfare to import the narcotics one by one.
(2) A person who intends to be authorized shall file an authorization application form where the below-mentioned matters are described with the Minister of Health, Labour, and Welfare.
(i) Article name and quantities of the narcotics to be imported.
(ii) Name or appellation and address of exporter
(iii) Term of import
(iv) Method of transportation
(v) Port name for importing
(3) When a person who is authorized in paragraph (1) intends to change the matters in each item in the preceding paragraph, the said person shall be authorized by the Minister of Health, Labour, and Welfare.
(4) When the Minister of Health, Labour, and Welfare finds it inappropriate by thinking the demand of the said narcotics and the quantity held in Japan, the said Minister may not authorize the person to import it.
(5) When the Minister of Health, Labour, and Welfare authorizes in paragraph (1), the said Minister shall issue an import authorization and an import authorization certificate where the name of an applicant or appellation and address and the matters as listed in paragraph (2) are described.
(6) When the Minister of Health, Labour, and Welfare authorizes the matter in paragraph (3), the said Minister shall issue the import authorization document and the import authorization certificate by re-writing the documents.
(Submission of Import Authorization Certificate)
Article 15 When a narcotics importer imports a narcotics, the narcotics importer shall file the export authorization certificate of the partner country issued with the Minister of Health, Labour, and Welfare on the date on which the narcotics is imported or within 10 days from the date on which the export authorization certificate is received.
(Return of Import Authorization Document)
Article 16 If the narcotics importer doesn't import the narcotics within the term of the import authorized, the said importer shall return the import authorization document to the Minister of Health, Labour, and Welfare within ten days after the term expires.
(Export)
Article 17 A person shall not export a narcotics if the person is not a narcotics exporter. However, if a person who gets out of this country is authorized by the Minister of Health, Labour, and Welfare to export a narcotics by taking it with the person to medically treat the disease by oneself, this shall not apply.
(Authorization of Import)
Article 18 (1) Whenever a narcotics exporter intends to export a narcotics, the narcotics exporter must be authorized by the Minister of Health, Labour, and Welfare to export the narcotics one by one.
(2) A person who intends to be authorized per the preceding paragraph shall file an authorization application form where the below-mentioned matters are described together with an import authorization certificate issued by the partner country with the Minister of Health, Labour, and Welfare.
(i) Article name and quantity of Narcotics to be exported
(ii) Name of Importer or Appellation and Address
(iii) Term of Export
(iv) Method of Export
(v) Port name of export
(3) When a person who is authorized per paragraph (1) intends to change the matters in each item in the preceding paragraph, the person shall be authorized by the Minister of Health, Labour, and Welfare.
(4) When the Minister of Health, Labour, and Welfare authorizes in paragraph (1), the said Minister shall issue an export authorization document and an export authorization document where the name of an applicant and the matters as listed in each item in paragraph (2) are described.
(5) When the Minister of Health, Labour, and Welfare authorizes in paragraph (3), the said Minister shall issue the export authorization document and the export authorization certificate by rewriting them.
(6) When a narcotics exporter exports a narcotics, the narcotics exporter exports the narcotics together with the export authorization certificate.
(Export Authorization and Export Authorization Certificate)
Article 19 When a narcotics exporter doesn't export a narcotics the narcotics within the authorized export term, the said narcotics exporter shall return both the Export authorization document and the export authorization certificate to the Minister of Health, Labour, and Welfare within ten days after the term expires.
(Indication When Exporting)
Article 19-2 When a narcotics exports a narcotics, the said exporter shall not make false indications of the article names and quantities.
(Manufacture)
Article 20 (1) If a person is not a narcotics manufacturer, the person shall not manufacture a narcotics (excluding diacethylmorphine, etc. Hereinafter the same is in this section (excluding Article 29-2.)). However, when a narcotics researcher manufactures a narcotics for study, this shall not apply.
(2) If a person is not a narcotics manufacturer, a narcotics compounder or a manufacturer of exempt stimulant preparations, you shall not manufacture a manufacturer of exempt stimulant preparations. However, when a narcotics researcher manufactures the narcotics, this shall not apply.
(Authorization of Manufacture)
Article 21 (1) When a narcotics manufacturer, a narcotics compounder or a manufacturer of exempt stimulant preparations intends to manufacture a narcotics or an exempt stimulant preparation, they shall be individually authorized by the Minister of Health, Labour, and Welfare about the article names of a narcotics or an exempt narcotics preparation and quantities to be manufactured and the article names and quantities of a narcotics, opium or opium poppy to be used for manufacturing by the January to June term and the July to December term (hereinafter "half term" is referred to.).
(2) The provision of paragraph (4), Article 14 shall be applied mutatis mutandis to the authorization of the preceding paragraph.
(3) When the Minister of Health, Labour, and Welfare authorizes in the paragraph (1), if finding it necessary to make it, the said the Minister may direct the volume of a container where a narcotics to be manufactured is stored.
(Pharmaceutical Preparation and Subdivision)
Article 22 If a person must be a narcotics manufacturer or a narcotics compounder, the person shall neither compound nor subdivide a narcotics. However, when a simulants researcher compounds or subdivides the narcotics for study, this shall not apply.
(Authorization of Formulation of Pharmaceuticals and Subdivision)
Article 23 (1) When a narcotics manufacturer or a narcotics compounder prepares a medicine by mixing substances or subdivides the medicine, they shall be individually authorized by the Minister of Health, Labour, and Welfare about the article names and quantities to be formulation of preparations or to be subdivided and the article names and quantities of narcotics to be used for formulation by the half term.
(2) The provisions of paragraph (4), Article 14 and paragraph (3), Article 21 shall be applied mutatis mutandis to the authorization in the preceding paragraph.
(Transfer)
Article 24 (1) A narcotics shall not be transferred to a person who must be a narcotics dealer. However, cases as listed in the following shall not apply.
(i) If the establisher of a narcotics medical institution transfers a narcotics that is issued for application.
(ii) If a person who is given a narcotics for application from a narcotics practitioner or a person who takes a narcotics prepared in a narcotics prescription from a narcotics retailer and need not apply for the narcotics, when the narcotics is transferred to the establisher of a narcotics or a narcotics retailer.
(iii) If a narcotics for application is given from a narcotics practitioner or a person who receives a narcotics prepared in a narcotics prescription transferred from a narcotics retailer dies, the heir or a person who administers an inherited property in place of the heir currently possesses, or the administered narcotics are transferred to the establisher of a narcotics medical institution or a narcotics retailer.
(2) The provision of the proviso in the preceding paragraph shall not be applied when a narcotics given for application is given in violation of paragraph (1), (3) or (4), Article 27, or the narcotics prescription is given in violation of paragraph (3) or (4) in the same Article.
(3) A narcotics importer shall not transfer a narcotics to other than a narcotics manufacturer, a narcotics compounder, a narcotics central wholesale dealer and a narcotics wholesale dealer. However, if codeine, dihydrocodein or these salts are transferred to a manufacturer of exempt narcotics preparations, this shall not apply.
(4) A narcotics exporter shall not transfer a narcotics to others, except for a case that a narcotics is exported.
(5) A narcotics manufacturer shall not transfer a narcotics to other than a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a narcotics central wholesale dealer and a narcotics wholesale dealer. However, if codeine, dihydrocodein or these salts are transferred to a manufacturer of exempt narcotics preparations, this shall not apply.
(6) A narcotics compounder shall not transfer a narcotics to other than a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a narcotics central wholesale dealer and a narcotics wholesale dealer.
(7) A manufacturer of exempt narcotics preparations shall not transfer a narcotics to others.
(8) A narcotics central wholesale dealer shall not transfer a narcotics to other than a narcotics central wholesale dealer and a narcotics wholesale dealer.
(9) A narcotics wholesale dealer shall not transfer a narcotics to other than a narcotics wholesale dealer, a narcotics dealer, the establisher of a narcotics medical institution and a narcotics laboratory within the district of a prefecture of the residence of the narcotics place of business pertaining to the said license.
(10) A narcotics retailer shall not transfer a narcotics to other than a person having a narcotics prescription (excluding a person to whom the one is issued in violation of the provision of paragraph (3) or (4), Article 27.).
(11) The provisions of the preceding each paragraph shall not be applied if authorized by the Minister of Health, Labour, and Welfare and a narcotics is then transferred.
(Transfer of Narcotics Retailer)
Article 25 When a narcotics retailer shall not transfer a narcotics to a person having a narcotics prescription, the said retailer shall not transfer a narcotics other than a narcotics prepared in the said narcotics prescription.
(Taken Over)
Article 26 (1) A narcotics shall not be taken over from whom are not a narcotics dealer, the establisher of a narcotics medical institution or the establisher of a narcotics laboratory. However, this shall not apply in the cases as listed in the below-mentioned.
(i) In case the narcotics issued from a narcotics practitioner is taken from the establisher of a narcotics medical institution.
(ii) In case a person to whom a narcotics prescription is issued, a narcotics prepared in the said prescription is taken from a narcotics retailer.
(2) The provision of the proviso in the preceding paragraph shall not be applied when the narcotics issued from the narcotics practitioner is issued in violation of the provision of paragraph (3) or (4) in the next Article or the narcotics prescription is issued in violation of these provisions.
(3) A narcotics dealer, the establisher of a narcotics medical institution or the establisher of a narcotics laboratory shall not be an opponent party of a transfer of a narcotics prohibited pursuant to the provision of Article 24.
(Application, Issuance for Application and Narcotics Prescription)
Article 27 (1) If a person is not a smulants practitioner, the person shall not administer a narcotics, issue the stimulant for application, or issue a prescription where a narcotics is written. However, the cases as listed in the below-mentioned shall not apply.
(i) In case a narcotics researcher administers for a study.
(ii) A person to whom a narcotics is issued from a narcotics practitioner administers the narcotics.
(iii) A person who takes the narcotics prepared in a narcotics prescription from a narcotics retailer administers the narcotics.
(2) The provision of the proviso in the preceding paragraph shall not be applied, if a narcotics or a narcotics prescription is issued in violation of the paragraph (3) or (4).
(3) A narcotics practitioner shall not administer a narcotics or issue a narcotics for administering or issue a prescription where narcotics are described for the purpose of other than medical treatment of diseases. However, if a designated specialist for mental health administers a narcotics containing N-allylnormorpine, its salts and narcotics containing these and others provided for under a cabinet order, this shall not apply.
(4) A narcotics practitioner shall not administer a narcotics or issue a narcotics for administering or issue a prescription where nocortics are described in order to relax symptoms of poisoning of addict of narcotics or opium and for the purpose of curing other poisonings irrespective of the provisions in the preceding paragraph. However, if a narcotic practitioner engaged in the business of medical treatment at the hospitals provided for under Ordinances of the Ministry of Health, Labour, and Welfare based on the provision of paragraph (1), Article 58-8 administers 6-dimethylamino-4,4-dipheyl-3-heptanone, its salts and nocortics containing this and other narcotics provided for under cabinet order, this shall not apply.
(5) Any person shall not accept administering a narcotics prohibited pursuant to the provision of paragraph (1), (3) or (4).
(6) When a narcotic practitioner issues a prescription where narcotics are described, the said practitioner shall describe the name of a patient (as for animal under treatment, its kind and its owner or the name of a manager or appellation), the article name of a narcotic, quantity, quantity for a method, own name, the number of license and the matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare, and name and seal or sign your signature.
(Possession)
Article 28 (1) A person other than a narcotics handler, the founder of a narcotics medical institution or the installation personnel of a narcotic research institution shall not possess a narcotics. However, the cases as listed in the following shall not apply.
(i) If a person to whom a narcotics is issued for administering from a narcotics practitioner, or a person to whom a narcotics prepared in a narcotic prescription is taken from a narcotics retail dealer possesses the narcotics.
(ii) If a person who receives the issuance of a narcotics for administering from a narcotic practitioner or a person who takes a narcotic prepared in a narcotic prescription from a narcotics retail dealer dies, the heir or a person who administers an inherited property in place of the heir currently possesses the narcotics or owns the administered narcotics.
(2) The provision of the proviso in the preceding paragraph shall not apply, if a narcotics issued from a narcotics practitioner or a narcotics prescription is issued in violation of the provision of paragraph (3) or (4) in the preceding Article.
(3) A manufacturer of exempt narcotics shall not possess a narcotics other than codein, dihydrocodein and these salts.
(Disposal)
Article 29 A person who intends to dispose of a narcotics shall file a notification about the article name of a narcotics and quantities and a method of disposal with the governor and dispose the narcotics in the presence of the said official. However, if a narcotics retail dealer or the proprietor of a narcotics medical institution dispose of the narcotics prepared in a narcotics prescription, this shall not apply.
(Advertisement)
Article 29-2 Advertisements concerning narcotics are put in the way of newspapers or magazines directed for the parties concerned with medical and pharmaceutical matters or natural science ("the persons engaged in the business of medical and pharmaceutical matters or the studies" are referred to. The same is hereinafter in this Article.) where any persons put articles about the medical and pharmaceutical matters or natural science) and advertisements are principally put centering upon the parties concerned with medical and pharmaceuticals. Advertisements for the parties concerned with medical and pharmaceuticals shall not put for other than the foregoing.
Section 3 Handling
(Enclosure with Certificate Stamp)
Article 30 (1) When a narcotics importer, a narcotics manufacturer or a narcotics compounder imports, manufactures, or compounds a narcotics, or transfers a subdivided narcotics, they shall individually put a seal with a certificate stamp issued by the Government on a container where the narcotics is stored or put the same on the covering of a container directly.
(2) A narcotics dealer (excluding a narcotics retail dealer.) shall not transfer a narcotics if a seal is surely performed on a container pursuant to the provision of the preceding paragraph.
(3) Narcotics with the seal performed on a container as it stands pursuant to the provision of the preceding paragraph (1).
(4) The provision of the preceding paragraph (3) shall not be applied, if a narcotics is authorized to be transferred pursuant to the provision of paragraph (11), Article 24.
(Description on Container or Covering)
Article 31 A narcotics dealer (excluding a narcotics retail dealer.) shall not transfer a narcotics other than a narcotics of a container on which and on the direct covering of a container, "the initial letter (symbol) of Japanese (Asa=(Chinese character)) and the below-mentioned matters as listed as it stands. However, if a narcotics is authorized to be transferred pursuant to the provision of paragraph (11), Article 24, this shall not apply.
(i) Dates of import, manufacture, preparations or subdivide
(ii) Article names of narcotics that are components and quantities and contents
(iii) Other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare
(Take-over Certificate and Transfer Certificate)
Article 32 (1) In case a narcotics dealer (excluding a narcotics retail dealer. The same in the next Article.) transfers a narcotics, after a transfer certificate is provided for under Ordinances of the Ministry of Health, Labour, and Welfare and a transferee receives the certificate, or if it shall not be in exchange of this, the narcotics shall not be issued, and when the narcotics is issued, simultaneously, the transfer certificate provided for under Ordinances of the Ministry of Health, Labour, and Welfare shall be issued to the transferee of the narcotics. However, in case the narcotics is authorized to be transferred pursuant to the provision of paragraph (11), Article 24, this shall not apply.
(2) The narcotics dealer in the preceding paragraph, in exchange of the issuance of the transfer certificate pursuant to the provision of the same paragraph, can receive the matters to be described in the said transfer certificate in a way using the electronic information processing system and other information communication technology provided for under Ordinances of the Ministry of Health, Labour, and Welfare. In this case, it shall be considered that the said narcotics dealer has received the issuance of the said transfer certificate.
(3) In case what is provided for in a taken-over certificate in the preceding paragraph or a method in a transfer certificate or a way in the preceding front paragraph are carried out, an electromagnetic records (manufactured in an electronic system, magnetic system or a system that can't be recognized with the perception of others, what are provided for under Ordinances of the Ministry of Health, Labour, and Welfare as that are provided for information processing with an electronic computer.) shall be stored for two years from the date on which the method is given or provided between the persons who issues the matter and vice versa.
(Administration of Narcotics at Narcotics Medical Institution and Narcotics Research Institute)
Article 33 (1) The establisher of a narcotics medical institution where two or more narcotics practitioner are engaged in the business of medical examination shall set up a narcotics administrator. However, if the establisher is a narcotics administrator, this shall not apply.
(2) A narcotics administrator (in a narcotics medical institution where there is no narcotics administrator, it shall be a narcotics practitioner. The same is in this section and in the next section.) or a narcotics researcher shall individually administer a narcotics to be administered, or issue the one for administering or to be used for one's own study.
(3) A narcotics practitioner shall not administer a narcotics other than a narcotics a narcotics administer administers at the said narcotics medical institution pursuant to the provision in the preceding paragraph or issue one for administering.
(Storage)
Article 34 (1) A narcotics handler shall store a narcotics the said handler owns or administers within a narcotics place of business.
(2) The storage in the preceding paragraph shall be separated from pharmaceuticals (excluding narcotics.) other than a narcotics and be stored in a locked solid arrangement.
(Notification of Accident and Disposal)
Article 35 (1) When a narcotics handler notices that its owned or administered narcotics have been decreased, stolen, missing or other accidents have taken place, a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations or a narcotics central wholesale dealer shall individually and quickly notify the Minister of Health, Labour, and Welfare of the necessary matters to clarify the article names and quantities of the narcotics and other accident conditions, and a narcotics wholesale dealer, a narcotics retail dealer, a narcotics practitioner, a narcotics administer or a narcotics researcher shall individually and quickly notify the governor of the necessary matters to clarify the article names and quantities of the narcotics and other accident conditions, respectively.
(2) When a narcotics retail dealer or the establisher of a narcotics medical institution disposed of the narcotics prepared in a narcotics prescription pursuant to the provision of the proviso in Article 29, the said dealer or the said establisher shall individually notify the governor of the article names and quantities of the narcotics and others provided for under Ordinances of the Ministry of Health, Labour, and Welfare within 30 days.
(3) When the governor is notified in paragraph (1), the said governor shall quickly report it to the Minister of Health, Labour, and Welfare.
(Measures When License Ceases to be Effective, etc.)
Article 36 (1) With regard to a narcotics dealer, the proprietor of a narcotics medical institution or the proprietor of a narcotics research institution, when the license of a narcotics dealer ceases to be effective, or a narcotics medical institution or a narcotics research institution ceases to be effective as a institution (when the license of a narcotics dealer ceases to be effective, excluding when the person continuously becomes a narcotics dealer.), a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics preparations or a narcotics central wholesale dealer shall individually notify the Minister of Health, Labour, and Welfare of the article names and quantities of the narcotics currently owned within 15 days and a narcotics wholesale dealer, a narcotics retail dealer, the proprietor of a narcotics medical institution or a narcotics research institution shall individually notify the governor of the article names and quantities of the narcotics currently owned within 15 days, respectively.
(2) With regard to a person who shall files a notification pursuant to the provision of the preceding paragraph, the provisions of paragraph (1), Article 12, paragraph (1), Article 24 and paragraph (3), Article 26 shall not be applied to the transfers and the obtainments within 50 days since the date on which the ground of a notification takes place in the cases when the narcotics in the same paragraph is transferred to a narcotics dealer, the proprietor of a narcotics medical institution or the proprietor of a narcotics research institution (limiting to the proprietor of a narcotics research institution if the narcotics in the same paragraph is diacethylmorphene, etc.) (in case of a narcotics wholesale dealer, a narcotics retail dealer, the proprietor of a narcotics medical institution or the proprietor of a narcotics research institution, limiting to a case that a narcotics is transferred to a narcotics dealer, the proprietor of a narcotics medical institution or the proprietor of a narcotics research institution located in the district of the prefecture of the residence of the narcotics place of business pertaining to the said license that ceased to be effective), or the provisions of paragraph (1), Article 12 and paragraph (1), Article 28 shall not be applied to the possession of the narcotics in the preceding paragraph with regard to these persons, as far as the same term is concerned.
(3) A person who has transferred the narcotics within the term in the preceding paragraph shall notify the Minister of Health, Labour, and Welfare or the governor of the article names and quantities of the narcotics, the date of the transfer and the name of transferee or appellation and address in accordance with the classification provided for in paragraph (1) within 15 days since the date of the transfer.
(4) The provisions of in paragraph (1) and the preceding paragraph shall be applied mutatis mutandis to the heir or a person who administers an inherited property in place of the heir or a liquidator, a receiver or a legal person that exists after a merger or the representative of a legal person established by a merger, and the provision of paragraph (2) shall be applied mutatis mutandis to a transfer and an obtainment when these persons transfer the narcotics and the narcotics these persons possess.
Section 4 Record and Notification Concerning Business
(Book)
Article 37 (1) A narcotics dealer (excluding a narcotics retail dealer.) shall provide a book and describe the items as listed in the following in it.
(i) Importing, exporting, manufacturing, subdividing, transferring, obtaining, a narcotics or exempt narcotics preparations to be manufactured or a narcotics to be used for preparations, or article names and quantities of disposed narcotics and the dates
(ii) The names or appellations and addresses of the opponent parties of importing or exporting or transferring or obtaining.
(iii) The article names and quantities of the narcotics filed pursuant to the provision in item (i), Article 35.
(2) A narcotics dealer (excluding a narcotics retail dealer.) shall keep the book in the preceding paragraph for two years since the date on which the final description is written (including the description pursuant to the provision in paragraph (1), Article 39 of the Opium Act with regard to a narcotics manufacturer.).
Article 38 (1) A narcotics retail dealer shall provide a book at the narcotics place of business to describe the matters as listed in the following in it.
(i) Obtained article names and quantities and their dates
(ii) Transferred narcotics (excluding codein, dihydrocodein, ethylmorphene and their salts.) of Article names and quantities and their dates
(iii) The article names and quantities of the narcotics filed pursuant to the provision in paragraph (1), Article 35.
(iv) Article names disposed of and quantities and their dates
(2) A narcotics retail dealer shall keep the book in the preceding paragraph for two years since the date on which the final description is written.
Article 39 (1) A narcotics administer shall provide a book at a narcotics medical institution to describe the matters as listed in the following in it.
(i) Narcotics obtained by proprietor of said medical institution, or disposed of narcotics of article names and quantities and their dates
(ii) Article names and quantities and their dates of narcotics (excluding codein, dihydrocodein, ethylmorphene and their salts issued for administering.) transferred by proprietor of said medical institution
(iii) Article names and quantities and their dates of narcotics administered at the said medical institution (excluding codein, dihydrocodein, ethylmorphene and their salts.)
(iv) Article names and quantities of narcotics filed pursuant to the provision in paragraph (1), Article 35
(2) When a narcotic administer has closed the book in the preceding paragraph, the said administer shall quickly hand it over to the proprietor of the said narcotics medical institution.
(3) When the proprietor of a narcotics medical institution takes over the book pursuant to the provision in the preceding paragraph, the said proprietor shall keep it for two years since the date on which the final description is written.
Article 40 (1) A narcotics researcher shall provide a book at the said narcotics research institution to describe the matters as listed in the following.
(i) Article names and quantities and their dates newly managed and out of management
(ii) Article names and quantities and their dates of narcotics manufactured, prepared, or employed for study
(iii) Article names and quantities of Narcotics filed pursuant to the provision in paragraph (1), Article 35
(2) When a narcotics researcher closed the book in the preceding paragraph, the said researcher shall quickly hand it over to the proprietor of the said narcotic research institution.
(3) When the proprietor of a narcotics research takes over a book pursuant to the provision in the preceding paragraph, the said proprietor shall keep it for two years since the date on which the final description (including a one pursuant to the provision in paragraph (2), Article 39 of the Opium Act.) is written.
(Record Concerning Administering)
Article 41 When a narcotics practitioner administers a narcotics or issues a narcotics for administering, the said practitioner shall describe the name of a patient and an address (as for an animal under treatment, its kind and its owner or the name of its manager or appellation and address), the name of the disease, the major symptom, the article names and quantities of the narcotics issued for administering or the date of the issuance in the medical record pursuant to the provision of Article 24 of the Medical Practitioners Act or pursuant to the provision of Article 23 of the dentist Act (Act No. 202 of 1948) or the medial treatment book pursuant to the provision of Article 21 of the veterinarian Act (Act No. 186 of 1949).
(Notification of Narcotics Importer)
Article 42 A narcotics importer shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following by the half term within 15 days after the term expires.
(i) The article name of narcotics owned at the beginning of the term and quantities and the volume per one container (hereinafter the "volume of container" is referred to.) and number of the containers
(ii) The article name of narcotics imported in the term and quantities, volume of container and number of container and year/month/day of importing.
(iii) The article name and quantities of narcotics transferred in the term, volume of container and number of container and the date of transfer
(iv) The article name and quantities of narcotics owned at the end of the term and volume of container and number of container
(Notification of Narcotics Exporter)
Article 43 A narcotics exporter shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following by the half term within 15 days after the term expires.
(i) The article name and quantities of narcotics exported in the term, volume and number of container and the date of exporting
(ii) The article name and quantities of narcotics exported in the term, volume and number of container and the date of exporting
(iii) The article name and quantities of narcotics transferred in the term, volume and number of container and the date of transferring
(iv) The article names and quantities of narcotics owned at the end of the term and volume and number of container
(Notification of Narcotics Manufacturer, Narcotics Compounder and Manufacturer of Exempt Narcotics)
Article 44 A narcotics manufacturer, a narcotics compounder and a manufacturer of exempt narcotics shall individually notify the Minister of Health, Labour, and Welfare of the matters as listed in the following by the half term within 15 days after the term expires.
(i) The article names and quantities of narcotics owned at the beginning of the term and volume and number of container
(ii) The article names and quantities of narcotics used for manufacturing narcotics or compounder or exempt narcotics in the term
(iii) Narcotics that is manufactured, compounded or subdivided or the article names and quantities of exempt narcotics manufactured and volume and number of container of narcotics that is manufactured, compounded, or subdivided in the term
(iv) The article names and quantities of narcotics transferred or obtained, volume and number of container and the dates of transferring and obtaining in the term
(v) The article names and quantities of narcotics owned at the end of the term and volume and number of container
(vi) The matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare
(Notification of Narcotics Central Wholesale Dealer)
Article 45 A narcotics central wholesaler dealer shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following by the half term within 15 days after the term expires.
(i) The article names and quantities of narcotics owned at the beginning of the term and volume and number of container
(ii) The article names and quantities of narcotics transferred or obtained and volume and number of container in the term
(iii) The article names and quantities of narcotics owned at the end of the term and volume and number of container
(Notification of Narcotics Wholesale Dealer)
Article 46 (1) A narcotics wholesale dealer shall notify the governor of the matters as listed in each item of the preceding Article by the half term within 15 days after the term expires.
(2) The governor shall collect notifications in the preceding paragraph to report them to he Minister of Health, Labour, and Welfare within 15 days after the term expires.
(Notification of Narcotics Retail Dealer)
Article 47 A narcotics retail dealer shall annually notify the governor of the matters as listed in the following by November 30.
(i) The article names and quantities of narcotics owned on October 1 in the previous year
(ii) The article names and quantities of narcotics transferred and obtained between October 1 in the previous year and September 30 in the same year.
(iii) The article names and quantities of narcotics owned on September 30 in the same year.
(Notification of Narcotics Administrator)
Article 48 A narcotics administrator shall notify annually the governor of the matters as listed by November 30.
(i) The article names and quantities of the narcotics the proprietor of the said narcotics medical institution possesses on October 1 in the previous year.
(ii) The article names and quantities of the narcotics the proprietor of the said medical institution had obtained between October 1 in the previous year and September 30 in the same year and the articles names and quantities administered at the said medical institution in the same term or issued for administering.
(iii) The article names and quantities of the narcotics the proprietor of the said medical institution possesses on September 30 in the same year.
(Notification of Narcotics Researcher)
Article 49 A narcotics researcher shall annually notify the governor of the matters as listed in the following by November 30.
(i) The article names and quantities of narcotics administrated on October 1 in the previous year.
(ii) The narcotics newly administered between October 1 in the previous year and September 30 in the same year, and the article names and quantities of the narcotics employed for manufacturing, compounding or for the study in the same term.
(iii) The article names and quantities of the narcotics on September 30 in the same year.
Chapter III Control Concerning Psytropics
Section 1 License and Registration
(License)
Article 50 (1) As for the license of a psychotoropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder or a psychotropics utilizer, the Minister of Health, Labour, and Welfare authorizes a psychotropics retail dealer a license or the governor shall authorizes a psychotropics retail dealer a license by a psychotropics sales office, respectively.
(2) When falling under any of each item in the following, a person may not be licensed.
(i) When the structured arrangements of a facility for performing the business do not comply with the standard provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(ii) A person who falls under any of each item (a) to (g) in the following.
(a) A person whose license has been cancelled pursuant to the provision of paragraph (2), Article 51 and three years have not yet lapsed since the date of the cancellation.
(b) A person who shall be sentenced to serve at least imprisonment, has completed the execution, or after the sentence ceases to be effective, and three years have not yet lapsed.
(c) A person who has violates this Act, the cannabis control Act, the opium Act, the pharmacist Act, the pharmaceuticals and medical equipment Act and the Acts and Ordinances concerning other pharmaceutical matters or a disposition based on these, and two years have not yet lapsed since the date on which the violative conduct is committed, except for a person who falls under (a) or (b).
(d) Adult ward
(e) A person provided for under Ordinances of the Ministry of Health, Labour, and Welfare as a person who is unable to be adequately engaged in the business of a psychotropics dealer due to the physical and mental disorder.
(f) Narcotic addict or addict of narcotics
(g) A person who falls under any of each item of (a) to (f) among the officials are engaged in the business of performing the duty in a legal person or a body.
(Valid Term of License)
Article 50-2 The valid term of a license among a psychotropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder or a psychotropics utilizer shall be five years since the date of a license, those of a psychotropics wholesale dealer or a psychotropics retail dealer shall be six years since the date of a license.
(Expiration of License)
Article 50-3 The license shall cease to be effective, when the valid term of the license of a psychotropics dealer expires, the license is cancelled pursuant to the provision of paragraph (2), Article 51, or a notification in paragraph (1), Article 7 applied mutatis mutandis in the next Article is filed.
(Application Mutatis Mutandis)
Article 50-4 The provisions of Article 4, paragraphs (1) and (3), Article 7 and Article 8 to Article 10 shall be applied mutatis mutandis to the proprietor of a psychotropics research institution. In this case, in addition to "15 days" in the provisions of paragraphs (1) and (3), Article 7 and Article 8 to Article 10 shall be read to "30 days", the technical replacements of reading concerning these provisions shall be provided for under a cabinet order.
(Registration)
Article 50-5 (1) The Minister of Health, Labour, and Welfare shall register a psychotropics research institution established by the State with regard to the registration of a psychotropics research institution establisher, and the governor shall register by a psychotropics research institution about other psychotropics research institutions.
(2) Neither the Minister of Health, Labour, and Welfare nor the governor may register a person whose registration is cancelled pursuant to the provisions of paragraph (3), Article 51, and three years have not yet lapsed since the date of the cancellation.
(Expiration of Registration)
Article 50-6 When the registration of a psychotropics research institution proprietor is cancelled pursuant to the provision of paragraph (3), Article 51, or a notification in paragraph (1), Article 7 applied mutatis mutandis in the next Article is filed, the validity shall cease to be effective.
(Application Mutatis Mutandis)
Article 50-7 The provisions of Article 4, paragraphs (1) and (3), Article 7 and Article 8 to Article 10 shall be applied mutatis mutandis to the proprietor of a psychotropics research institution. In this case, in addition to "15 days" in the provisions of paragraphs (1) and (3), Article 7 and Article 8 to Article 10 shall be read to "30 days", the technical replacements of reading concerning these provisions shall be provided for under a cabinet order.
Section 2 Prohibition and Restriction
(Import)
Article 50-8 A person who are listed in the following shall import a pyschotropics.
(i) A psychotropics importer
(ii) Out of persons who enter our country, a person who imports a psychotropics with him by bringing it to treat one's own disease provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(iii) A person who is the proprietor of a psychotropics research institution, and imports a psychotropics for academic studies or for test inspections.
(iv) Other persons who are provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(Authorization of Import)
Article 50-9 (1) If a psychotropics importer intends to import a psychotropics provided for under a cabinet order (hereinafter "the first class psychotropics" is referred to.), the said importer shall be authorized by the Minister of Health, Labour, and Welfare every time.
(2) If a person who is listed in paragraph (3) or (4) in the preceding Article 3 shall be authorized by the Minister of Health, Labour, and Welfare every time, when intending to import a psychotropics.
(3) The provisions of paragraphs (2), (3), (5) and (6), Article 14, Article 15 and Article 16 shall be applied mutatis mutandis to a person who intends to import the first class psychotropics upon authorization in the preceding paragraph (2). In this case, "the preceding paragraph" in the paragraph (2), Article 14 shall be read to "paragraph (1) or (2), Article 50-9", "a narcotics" to "the first class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (1) or paragraph (2), Article 50-9", "the preceding each item" to each item, paragraph (2), Article 14 applied mutatis mutandis in paragraph (3), Article 50-9", "paragraph (1)" in paragraph (5) in the same Article to "paragraph (1) or paragraph (2), Article 50-9", "paragraph (2)" to paragraph (2), Article 14 applied mutatis mutandis in paragraph (3), Article 50-9", "paragraph (3) " in paragraph (6) in the same Article to "paragraph (3), Article 14 applied mutatis mutandis in paragraph (3), Article 50-9", "a narcotics importer" in Article 15 and Article 16 to "a psychotropics importer" or a person who is listed in item (iii) or (iv), Article 50-8" and "a narcotics" to "the first class psychotropics".
(4) The provisions of paragraphs (2), (3), (5) and (6), Article 14, Article 15 and Article 16 shall be mutatis mutandis to a person who intends to import a psychoprotics (hereinafter "the second class pyschoprotics" is referred to.) provided for under cabinet order upon authorized in paragraph (2). In this case, "the preceding paragraph" in paragraph (2), Article 14 shall be read to "paragraph (2), Article 50-9", "a narcotics" to "the second class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (2), Article 50-9", "each item in the preceding paragraph" to "each item in paragraph (2), Article 14 applied mutatis mutandis in paragraph (4), Article 50-9", "paragraph (1)" in paragraph (5) in the same Article to "paragraph (2), Article 50-9", "paragraph (2) to "paragraph (2), Article 14 applied mutatis mutandis in paragraph (4) in Article 50-9", "import permission and certificate of import permission" to "import permission", "paragraph (3)" in paragraph (6) in the same Article to "paragraph (3), Article 14 applied mutatis mutandis in paragraph (4), Article 50-9", "import permission and certificate of import permission" to "import permission", "a narcotics importer" in Article 15 to "a person who is listed in paragraph (3) or (4), Article 50-8", "a narcotics" to "the second class psychoprotics", "certificate of export permission issued by partner country" to "export notification prepared by exporter (certificate of export permission in case of certificate of export permission issued by the partner country. The same hereinafter in this Article.)", "or certificate of export permission" to "or export notification", "a narcotics importer" in Article 16 to "a person who is listed in item (iii) or (iv), Article 50-8", and "a narcotics" to "the second psychoprotics."
(5) The provisions of Paragraphs (2), (3), (5) and (6) and Article 16 shall be applied to a person who intend to import a psychotropics other than the first class psychotropics and the second psychotropics (hereinafter "the third class pyschotropics" is referred to.) upon authorization in paragraph (2). In this case, "the preceding paragraph" in paragraph (2), Article 14 to "paragraph (2), Article 50-9", "a narcotics" to "the third class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (2) in Article 50-9", "each item in the preceding paragraph" to "each item in paragraph (2), Article 14 applied mutatis mutandis in paragraph (5), Article 50-9", "import permission" to "certificate of import permission" to "import permission", "paragraph (3)" in paragraph (6) in the same Article to "a person who is listed in item (iii) or (iv), Article 50-8", and "a narcotics" to "the third class pyschotropics".
(Submission of Export Notification)
Article 50-10 When a psychotropics importer has imported the second class psychotropics, the said importer shall file the export notification prepared by the exporter (the certificate of the export permission in case that the partner country issues the certificate of the export permission. Hereinafter the same is in this Article.) with the Minister of Health, Labour, and Welfare on the date on which the second class psychotropics is imported or within ten days after the said importer receives the export notification.
(Import)
Article 50-11 A person who is listed in the following shall not export a psychotropics.
(i) A psychotropics exporter
(ii) Of persons going out of this country, a person who exports a psychotropics by bringing it with him or her to cure one's disease provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(iii) A person who is the proprietor of a psychotropics research institution to export the psychotropics to a utilizer who employs it for academic studies or test inspections.
(iv) Other persons provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(Permission of Export)
Article 50-12 (1) When a psychotropics exporter intends to export the first class psychotropics, the said exporter shall be authorized by the Minister of Health, Labour, and Welfare every time.
(2) When a person who is listed in item (iii) or (iv) in the preceding Article intends to export a psychotropics, the said person shall be authorized by the Minister of Health, Labour, and Welfare every time.
(3) The provisions of paragraphs (2) to (6), Article 18 and Article 19 shall be applied mutatis mutandis to a person who intends to export the first class psychotropics upon authorization in the preceding two paragraphs. In this case, "the preceding paragraph" in paragraph (2), Article 18 shall be read to "paragraph (1) or (2), Article 50-12", "the matters" to "the matters and the destination", "a narcotics" to "the first class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (1) or (2), Article 50-12", "each item in the preceding paragraph" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (3), Article 50-12", "paragraph (3)" in paragraph (5) in the same Article to "paragraph (3), Article 18 applied mutatis mutandis in paragraph (3), Article 50-12, "a psychotropics exporter" in paragraph (6) in the sane Article and Article 19 to "a psychotropics exporter or a person who is listed in item (iii) or (iv), Article 50-11", and "a narcotics" to "the first class psychotropics".
(4) The provisions of paragraphs (2) to (6), Article 18 and Article 19 shall be applied mutatis mutandis to a person who intends to export the second class psychotropics upon authorization in paragraph (2). In this case, "the preceding paragraph" in paragraph (2) in Article 18 shall be read to "paragraph (2), Article 50-12", T the matters" to "the matters and the destination", "enclosing a permission application form together with the certificate of import permission issued by the opponent party, this" to "the permission application form", "a narcotics" to "the second class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (2), Article 50-12", "each item in the preceding paragraph" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (4), Article 50-12", "paragraph (1)" in paragraph (4) in the same Article to "paragraph (2), Article 50-12", "each item in paragraph (2)" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (4), Article 50-12", "paragraph (3)" in paragraph (5) in the same Article to "paragraph (3), Article 18 applied mutatis mutandis in paragraph (4), Article 50-12", "a narcotics exporter" in paragraph (6) in the same Article and Article 19 to "a person who is listed in item (iii) or (iv), Article 50-11", and "a narcotics" to "the second class psychotropics".
(5) The provisions of paragraph (2) to (5), Article 18 and Article 19 shall be applied mutatis mutandis to a person who intends to export the third class psychotropics upon authorization in paragraph (2). In this case, "the preceding paragraph" in paragraph (2), Article 18 shall be read to "paragraph (2), Article 50-12", "the matters" to "the matters and the destination", "enclosing a permission application form together with an import permission certificate issued by the partner country, this" to "a permission application form", "a natcotics" to "the third class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (2), Article 50-12", "each item in the preceding paragraph" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (5), Article 50-12", "paragraph (1) in paragraph (4) in the same Article to "paragraph (2), Article 50-12", "each item in paragraph (2)" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (5), Article 50-12", "the export permission and an export permission certificate" to "the export permission", "paragraph (3)" in paragraph (5) in the same Article to "paragraph (3), Article 18 applied mutatis mutandis in paragraph (5), Article 50-12", "the export permission and the export permission certificate" to "the export permission", "a narcotics exporter" in Article 19 to "a person who is listed in item (iii) or (iv), Article 50-11", "a narcotics" to "the third class psychotropics" and "the export permission" to "the export permission certificate" to "the export permission".
(Exception of Export in Specific Area)
Article 50-13 (1) When a psychotropics exporter intends to export the second class psychotropics ("specified the second class psychotropics" is referred to in paragraph (3).) out of psychotropics provided for under a cabinet order (hereinafter "specified psychotropics" is referred to in this Article and the next Article.) with a district (hereinafter the "specified district" is referred to in this Article and the next Article.) provided for under a cabinet order as a destination, the said exporter shall be authorized by the Minister of Health, Labour, and Welfare to export it every time.
(2) The paragraphs (2) to (6), Article 18 and Article 19 shall be applied mutatis mutandis to a person who intends to export the specified second class psychotropics with a specified district as a destination upon authorization in the preceding paragraph. In this case, "the preceding paragraph" in paragraph (2), Article 18 shall be read to "paragraph (1), Article 50-13", "the matters" to "the matters and the destination", "enclosing the permission application form together with the import permission certificate issued by the partner country, this" to "the permission application form", "a narcotics" to "the specified second psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "paragraph (1), Article 50-13", "each item in the preceding paragraph" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph 2, Article 50-13", "paragraph (1)" in paragraph (4) in the same Article to "paragraph (1), Article 50-13", "each item in paragraph (2)" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (2), Article 50-13", "paragraph (3) in paragraph (5) in the same Article to "paragraph (3), Article 18 applied mutatis mutandis in paragraph (2), Article 50-13", "a narcotics exporter" in paragraph (6) in the same Article and Article 19 to "a psychotropics exporter" and "a narcotics" to "the specified second class psychotropics".
(3) The provisions of paragraphs (2) to (5), Article 18 shall be applied mutatis mutandis to a person who intends to export the specified third class psychotropics with the specified district as a destination upon authorization in paragraph (1). In this case, "the preceding paragraph" in paragraph (2), Article 18 shall be read to "paragraph (1), Article 50-13", "the matters" to "the mattes and the destination", "enclosing the permission application form together with the import permission certificate issued by the partner country, this" to "the permission application form", "a narcotics" to "the specified third class psychotropics", "paragraph (1)" in paragraph (3) in the same Article to "Paragraph (1), Article 50-13", "each item in the preceding paragraph" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (3), Article 50-13" to "paragraph (1)" in paragraph (4) in the same Article to "paragraph (1), Article 50-13", "each item in paragraph (2)" to "each item in paragraph (2), Article 18 applied mutatis mutandis in paragraph (3), Article 50-13", "the import permission and the export permission certificate" to "the export permission", "paragraph (3)" in paragraph (5) in the same Article to "paragraph (3), Article 18 applied mutatis mutandis in paragraph (3), Article 50-13", "the export permission and the export permission certificate" to "the export permission", "a narcotics exporter" in Article to "a psychotropics exporter", and "the export permission and the export permission certificate" to "the export permission".
(4) When the Minister of Health, Labour, and Welfare intends to authorizes in paragraph (1) or paragraph (1) in the preceding Article or in paragraph (2) pertaining to exporting the specified psychotropics with a specified district as a destination, the said minister may not authorize the permission if the said minister has not received the specified import permission prepared by the partner country.
(5) When the Minister of Health, Labour, and Welfare authorizes in paragraph (1) or paragraph (1) in the preceding Article or in paragraph (2) pertaining to exporting the specified psychotropics with a specified district as a destination, the said Minister shall issue the specified import permission prepared by the partner country in addition to the documents provided for in paragraph (4), Article 18 applied mutatis mutandis in paragraph (2) or (3) or paragraphs (3) to (5) in the preceding Article.
(6) When a psychotropics importer or a person who is listed in item (iii) or (iv), Article 50-11 exports a specified psychotropics with a specified district as a destination, they shall individually attach the specified import permission prepared by the partner party in addition to the documents pursuant to paragraph (6), Article 18 applied mutatis mutandis in paragraph (2) or (3) in the preceding Article or paragraph (4).
(7) When a person provided for in the preceding paragraph does not export the specified psychotropics within the terms of exporting over which the permission in paragraph (1) or paragraph (1) or paragraph (2) in the preceding Article pertaining to exporting of the specified psychotropics with a specified district as a destination, respectively, the person shall return the specified import permission prepared by the partner country to the Minister of Health, Labour, and Welfare in addition to the documents provided for in Article 19 applied mutatis mutandis in paragraph (2) or (3) or paragraphs (3) to (5) in the preceding Article, respectively within ten days after the term expires.
(Notification, etc. of Export)
Article 50-14 (1) When a psychotropics exporter intends to export the second class psychotropics (excluding a case that intends to export a specified psychotropics with a specified district as a destination.), the said exporter shall file the export notification (simply "the export notification" is referred to in the next Article.) where the article name of the second class psychotropics to be exported and other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare with the Minister of Health, Labour, and Welfare.
(2) When a psychotropics exporter intends to export the second class psychotropics (excluding a case that exports the specified psychotropics with a specified district as a destination.), the said exporter shall send the second class psychotropics with a duplicate copy of the export notification attached.
(Manufacture, etc.)
Article 50-15 (1) If you are not a psychotropics manufacturer/compounder, you shall not manufacture, compound, or subdivide a psychotropics. However, the cases as listed in the following, this shall not apply.
(i) A person who is engaged in the business of academic studies or test inspections at a psychotropics test research institution (limiting to the one pursuant to paragraph (1), Article 50-5 for which the proprietor is registered. The same is in the next Article.) manufactures, compounds, or subdivides the psychotropics for academic studies or test inspections.
(ii) If others provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(2) If a person must be a psychotropics manufacturer/compounder or a psychotropics ulilizer, the person shall not convert a psychotropics by adding any chemical reactions into other than a psychotropics. However, a person who is engaged in the business of performing something for academic studies or test inspections, this shall not apply.
(Transfer, etc.)
Article 50-16 (1) If a person is not a psychotropics dealer (excluding a psychotropics utilizer.), the person shall not transfer a psychotropics or possess the same to transfer it. However, the cases as listed in the following shall not apply.
(i) If proprietor such as hospitals transfers a psychotropics issued for administering or possess the same to transfer it.
(ii) If the proprietor of a psychotropics research institution transfers a psychotropics to other psychotropics research institutions or possess the same to transfer it.
(iii) If others provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(2) A psychotropics importer, a psychotropics manufacturer /compounder and a psychotropics wholesale dealer shall not transfer a psychotropics to other than a psychotropics dealer (excluding a psychotropics importer.), proprietor such as hospitals and the proprietor of a psychotropics research institution. However, if a psychotropics manufacturer /compounder and a psychotropics wholesale dealer returns the same obtained from a psychotropics importer and others provided for under Ordinances of the Ministry of Health, Labour, and Welfare, this shall not apply.
(3) A psychotropics exporter shall not transfer a psychotropics, except for exporting the psychotropics. However, if the psychotropics exporter returns the psychotropics obtained from a psychotropics dealer and others provided for under Ordinances of the Ministry of Health, Labour, and Welfare, this shall not apply.
(4) A psychotropics retail dealer shall not transfer a psychotropics to other than a person who possesses a psychotropics prescription. However, a psychotropics retail dealer returns the same obtained from a psychotropics dealer and others provided for under Ordinances of the Ministry of Health, Labour, and Welfare, this shall not apply.
(Transfer of Psychotropics Retail Dealer)
Article 50-17 A psychotropics retail dealer shall not a psychotropics other than a psychotropics compounded with the said psychotropics prescription to a person, if the said dealer transfers a psychotropics to the person who possesses a psychotropics prescription.
(Application Mutatis Mutandis)
Article 50-18 The provision of Article 19-2 shall be applied mutatis mutandis to a psychotropics importer, and that of Article 29-2 to advertisements concerning a psychotropics. In this case, "a narcotics" in Article 19-2 shall be read to "a psychotropics".
Section 3 Handling
(Description of Container and Covering)
Article 50-19 A psychotropics dealer (excluding a psychotropics retail dealer.) shall not transfer a psychotropics other than a psychotropics whose container on which and whose direct covering the symbol of "((Ko))" and the matters as listed in the following (hereinafter "the described matters" are referred to in this Article.) are described. However, if the described matters can't be clearly described due to the small area of the container and others provided for under Ordinances of the Ministry of Health, Labour, and Welfare, if the psychotropics on which the described matters are simplified, this shall not apply.
(i) The article name of psychotropics that is component and volume and content
(ii) Other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(Person Responsible for Handling Psychotropics)
Article 50-20 (1) A psychotropics dealer shall put a person in charge of psychotropics handler by a psychotropics sales office. However, in connection with a psychotropics sales office where the psychotropics dealer becomes a psychotropics handler by himself or herself, this shall not apply.
(2) A psychotropics dealer shall supervise a person who is engaged in the business of the psychotropics so as not to allow the person to commit any conducts that does not violate the provision of this Act or the dispositions exercised of the Minister of Health, Labour, and Welfare or the governor based on this Act concerning the psychotropics pertaining to the management at the said psychotropics sales office.
(3) A person who is provided for under a cabinet order as a person having the necessary knowledge in handling psychotropics such as pharmacists shall be qualified to be a psychotropics handler.
(4) When a psychotropics dealer sets up a psychotropics handler or he or she becomes a psychotropics handler by himself or herself, a psychotropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder or a psychotropics utilizer shall notify the Minister of Health, Labour, and Welfare of the name of a psychotropics handler or the gist to the effect that he or she becomes a psychotropics handler and other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare, and a psychotropics wholesale dealer or a psychotropics retail dealer shall notify the governor of the afore-mentioned gist, respectively within 30 days. When a psychotropics handler is changed, the same shall apply, too.
(Storage, etc.)
Article 50-21 A psychotropics handler shall store the possessed psychotropics, or dispose of them, or take other necessary measures to prevent the abuses of psychotropics pursuant to Ordinances of the Ministry of Health, Labour, and Welfare.
(Notification of Accidents)
Article 50-22 (1) When a psychotropics handler notices the occurrences of any accidents with regard to the possessed psychotropics such as decrease, stolen, missing and other accidents, in order to quickly clarify the article names of the psychotropics and quantities and other conditions of the accident, the said handler shall notify the Minister of Health, Labour, and Welfare in connection with a psychotropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder, a psychotropics utilizer, or the proprietor of a psychotropics research institution pertaining to the registration of the Minister of Health, Labour, and Welfare, and shall notify the governor in connection with a psychotropics wholesale dealer, a psychotropics retail dealer, the proprietors of hospitals, and the proprietor of a psychotropics research institution of the relevant matters.
(2) When the said handler files the notification in the preceding paragraph with the governor, the said governor shall quickly report the notification to the Minister of Health, Labour, and Welfare.
Section 3 Record and Notification Concerning Business
(Record)
Article 50-23 (1) A psychotropics dealer (excluding a psychotropics retail dealer.) shall record the matters as listed in the following.
(i) The article names and quantities and the dates of the psychotropics used as raw material of psychotropics or psychotropics chemical reactants (psychotropics manufacturer/compounder or a psychotropics utilizer converts by adding a chemical reaction to a psychotropics into "another other than a psychotropics" referred to. The same is in the next item and in the next Article.) to be used for a psychotropics, manufacturing a psychotropics or a psychotropics for compounding to be subsided, or compounded, manufactured, exported, imported.
(ii) Article names, quantities and applications of psychotropics chemical reactants
(iii) Psychotropics transferred, obtained, or disposed of (excluding the third class psychotropics. The same is in the next item.) of the Article name and quantities and their dates
(iv) Import or export psychotropics or exported or transferred or obtained the name or appellation and address of the party
(2) A psychotropics retail dealer and the proprietor of hospitals, etc. shall record the matters as listed in the following.
(i) The article names and quantities and their dates of the psychotropics (a psychotropics transferred to a person having the third class psychotropics and a psychotropics prescription and others excluding psychotropics provided for under Ordinances of the Ministry of Health, Labour, and Welfare. The same is in the next Article.).
(ii) The name of the opponent party or appellation and address of psychotropics transferred or obtained
(3) The proprietor of a psychotropics research institution shall record the matters as listed in the following.
(i) The article names of a psychotropics and quantities and their dates of imported, exported or manufactured
(ii) The article names of psychotropics (excluding the third class psychotropics. The same is in the next item.) transferred ones, obtained ones, or disposed of ones and their dates.
(iii) Import of psychotropics or export or transfer or obtainment or the name of the opponent party or appellation and address.
(4) A psychotropics handler shall keep the records pursuant to the preceding three items at psychotropics sales offices, hospitals, etc. or a psychotropics research institution for two years since the date of recording.
(Notification)
Article 50-24 (1) A psychotropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder and a psychotropics utilizer shall individually notify the Minister of Health, Labour, and Welfare of the matters as listed in the following.
(i) The psychotropics imported, exported, manufactured, compounded or subdivided in the previous year, or psychotropics used for manufacturing or compounding or the article names and quantities of psychotropics used as raw materials of psychotropics chemical reactants
(ii) The article names and quantities of the first class psychotropics possessed at the beginning of the previous year and the article names and quantities possessed at the end of the previous year.
(iii) Other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(2) The proprietor of a psychotropics research institution shall annually notify the Minister of Health, Labour, and Welfare of the matters as listed in the following by the end of February with regard to the establisher of a psychotropics research institution, and the proprietor of a psychotropics research institution shall annually notify the governor of the matters as listed in the following by the end of February pertaining to the registration of the Minister of Health, Labour, and Welfare.
(i) The article names and quantities of the psychotropics imported, exported, or manufactured in the previous year.
(ii) Other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(3) The governor shall collect the notifications in the preceding paragraph to report them to the Minister of Health, Labour, and Welfare by April 30 in the year.
Section V Miscellaneous Rules
(Exclusion from Application, etc.)
Article 50-25 As for the psychotropics as listed in item (xii) in attached table No. 3, what are provided for under Ordinances of the Ministry of Health, Labour, and Welfare as they are of no fear of abuses and of no harmful reactions a part of this Act shall be excluded by a cabinet order and other exclusive examples may be enacted.
(Exclusion of Establisher of Pharmacy, etc.)
Article 50-26 (1) If the provisions of this Act (excluding Article 50-4 and paragraph (4), Article 50-20) are applied to a person who is authorized (including the renewal) to establish a pharmacy pursuant to the provision of the Pharmaceuticals medical machinery, etc. Act (hereinafter "pharmacy establisher" is referred to in this Article.) or a person who is authorized to be engaged in the wholesale sales business of pharmaceuticals (excluding pharmaceuticals pursuant to paragraph (1), Article 83 of the Pharmaceuticals medical machinery, etc. Act. Hereinafter the same is in this Article.), it shall be considered that a person who is authorized to be engaged in the business of a psychotropics wholesale dealer and a psychotropics retail dealer or a person who is authorized to be engaged in the business of a psychotropics wholesale dealer. However, if the said pharmacy establisher or a person who is authorized to be engaged in the business of the wholesale sales of pharmaceuticals files a special offer with the governor, this shall not apply.
(2) A license pertaining to a person who shall be considered that a person is authorized to be engaged in the business of a psychotropics wholesale dealer or a psychotropics retail dealer pursuant to the provision of the preceding paragraph shall cease to be effective pursuant to the provision of Article 50-3 and the license shall cease to be effective if it falls under any of as listed in each item in the following.
(i) When the effect of the authorization pursuant to paragraph (1), Article 4 or paragraph (1), Article 34 of the Pharmaceuticals and Medical Equipment Act pursuant to paragraph (4), Article 4 or paragraph (2) or Article 24 of the Pharmaceuticals and Medical Equipment Act.
(ii) When a notification (limiting to one pertaining to an abolition.) pursuant to paragraph (1), Article 10 of the Pharmaceuticals medical machinery, etc. Act (including application mutatis mutandis in paragraph (2), Article 38 of the Pharmaceuticals and Medical Equipment Act) is filed,
(iii) When an authorization pursuant to paragraph (1), Article 4 or paragraph (1), Article 34 of the Pharmaceuticals medical machinery, etc. Act pursuant to paragraph (1), Article 75 of the Pharmaceuticals medical machinery, etc. Act is cancelled.
(3) In case of the main clause in paragraph (1), it shall be considered that an administrator provided for in paragraph (2), Article 35 of the Pharmaceuticals medical machinery, etc. Act pertaining to a person who is authorized to be engaged in the business of the wholesale dealer of the said pharmaceuticals or the administrator of a pharmacy provided for in paragraph (3), Article 7 of the Pharmaceuticals medical machinery, etc. Act pertaining to a pharmacy of the establisher is a psychotropics handling administrator in paragraph (1), Article 50-20.
(4) When an offer in the proviso in paragraph (1) is filed with the governor, and a license pertaining to a person who is considered to be authorized to be engaged in the business of a psychotropics wholesale dealer or a psychotropics retail dealer is cancelled pursuant to paragraph (2), Article 51 (limiting to when the business of the wholesale of pharmaceuticals or a pharmacy continues to be resumed.), the gist shall be publiczed.
Chapter III-II Notification Concerning Narcotics and Psychotropics Raw Material, etc.
(Notification of Business)
Article 50-27 As for a person who intends to become a narcotics raw material importer, a narcotics raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer, by a narcotics, etc. raw material sales office (as for a person who intends to become a specified narcotics raw material manufacturer or a specified narcotics raw material retail dealer, limiting to the one who is a narcotics, etc. raw material sales office who is engaged in the business of performing the said business. The same in paragraph (1) in the next Article and paragraph (2), Article 50-34.), a narcotics raw material importer, a narcotics raw material exporter or a specified narcotics, etc. raw material manufacturer shall individually notify the Minister of Health, Labour, and Welfare of the name of the person or appellation and address and other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare, and a specified narcotics, raw material retail dealer shall notify the governor of the name of the person or appellation and address and other matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare. When a narcotics raw material importer, a narcotics raw material exporter or a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer intend to change the notified matters, this shall apply, too.
(Notification of Abolition of Business)
Article 50-28 (1) When a narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer individually abolishes the business concerning a narcotics psychotropics raw materials (as for a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer, limiting to a specified narcotics psychotropics raw material. The same is in paraghraph (1), Article 50-34.) at a narcotics, raw material sales office pertaining to a notification pursuant to the provision of the preceding Article, a narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer shall individually notify the Minister of Health, Labour, and Welfare of the gist, and a specified narcotics, etc. raw material retail dealer shall notify the governor of the gist within 30 days, respectively.
(2) When a narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer dies, or a narcotics, etc. raw material importer, or a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material retail dealer that are individually legal persons are dissolved, the heir or a person who manages an inherited property in place of the heir or a liquidator, a receiver or a legal person exists after a merger or the representative of a legal person established by a merger shall notify the Minister of Health, Labour, and Welfare of the gist when a narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer dies or is dissolved, and they shall individually notify the gist when a specified narcotics, etc. raw material retail dealer dies or is dissolved within 30 days, respectively.
(Notification of Import of Narcotics, etc Raw Material Importer)
Article 50-29 When a narcotics, etc. raw material importer intends to import a narcotics psychotropics raw material, the said importer shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following every time.
(i) The article names and quantities of narcotics psytchotropics raw material to be imported provided for in the said Ordinances
(ii) Name of importer or appellation and address
(iii) Term of Import
(Notification of Export of Narcotics, etc. Raw Material Exporter)
Article 50-30 (1) When a narcotics, etc. raw material exporter intends to export the narcotics psychotropics raw material, the said exporter shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following every time.
(i) The article names and quantities of narcotics psychotropics raw material to be exported provided for in the said cabinet order.
(ii) The name of importer or appellation and address
(iii) The term of export
(iv) Destination
(2) A narcotics, etc. raw material exporter intends to export a narcotics psychotropics, etc. raw material provided for under a cabinet order with a district as a destination provided for under a cabinet order, the said exporter shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following every time.
(I) The article names and quantities of a narcotics psychotropics raw material to be exported provided for under a cabinet order. (I) The article names and quantities of a narcotics psychotropics raw material to be exported provided for under a cabinet order.
(ii) The name of importer or appellation and address
(iii) The term of export
(iv) Destination
(Notification of Person other than Narcotics, etc. Raw Material Importer)
Article 50-31 When a person other than a narcotics, etc. raw material importer intends to import a narcotics psychotropics, the person shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following every time. However, if the said narcotics psychortropics raw material is less than a quantity provided for under Ordinances of the Ministry of Health, Labour, and Welfare, this shall not apply.
(i) The article name and quantities of a narcotics psychotoropics to be imported.
(ii) Name of importer or appellation and address
(iii) The term of import
(Notification of Export of Person other than Narcotics Psychotropics Exporter)
Article 50-32 When a person other than a narcotics, etc. raw material importer intends to export a narcotics psychotropics, the person shall notify the Minister of Health, Labour, and Welfare of the matters as listed in the following every time. However, if the said narcotics psychortropics raw material is less than a quantity provided for under Ordinances of the Ministry of Health, Labour, and Welfare, this shall not apply.
(i) The article name and quantities of a narcotics psychotoropics to be exported.
(ii) Name of importer or appellation and address
(iii) The term of import
(iv) Destination
(Notification of Accidents, etc.)
Article 50-33 (1) When accidents such as stolen and missing take place with regard to the possessed narcotics psychotropics, a narcotics, etc. raw material importer, a narcotics, etc. raw material exporter or a narcotics, etc. raw material manufacturer shall quickly notify the Minister of Health, Labour, and Welfare of the article names and quantities of the narcotics psychotropics and necessary matters to clarify other conditions of the accident provided for under Ordinances of the Ministry of Health, Labour, and Welfare, and a narcotics, etc. raw material retail dealer shall notify the governor of the article names and quantities of the narcotics psychotropics and necessary matters to clarify other conditions of the accident provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(2) When a narcotics, etc. raw material dealer finds it doubtful to import, export, manufacture, subdivide or transfer or obtain the narcotics psychotropics raw material handled by the said dealer in connection with manufacturing narcotics or psychotropics that is prohibited by the provisions in paragraph (1), Article 12, paragraph (1), Article 20, and paragraph (1), Article 50-15 that falls under what is provided for under Ordinances of the Ministry of Health, Labour, and Welfare, a narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, or a narcotics, etc. raw material manufacturer shall quickly notify the Minister of Health, Labour, and Welfare of the gist and the matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare, and a narcotics, etc. raw material wholesale retailer shall notify the governor of the gist and the matters provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(3) When a notification in the preceding two paragraphs is filed with the governor, the said governor shall quickly report it to the Minister of Health, Labour, and Welfare.
(Record)
Article 50-34 (1) A narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material wholesale retailer shall describe the matters as listed in the following.
(i) The article names and quantities and the dates of the narcotics psychotropics imported, exported, manufactured, subdivided, transferred, or obtained
(ii) Import of a narcotics psychotropics raw material, or export, or transfer or obtain of the name of opponent party or appellant and address
(2) A narcotics, etc. raw material importer, a narcotics, etc. raw material exporter, a specified narcotics, etc. raw material manufacturer or a specified narcotics, etc. raw material wholesale retailer shall keep the recording per the provisions of the preceding paragraph since the date of recording at a narcotics, etc. raw material sales office.
(Application Mutatis Mutandis)
Article 50-35 The provision of Article 19-2 shall be applied mutatis mutandis to a narcotics, etc. raw material exporter. In this case, "narcotics" in the same Article shall be read to "narcotics psychotropics raw material".
(Exclusion, etc.)
Article 50-36 This Act shall be excluded in a cabinet order to what are provided for under Ordinances of the Ministry of Health, Labour, and Welfare as it is extremely difficult to use it to manufacture narcotics or psychotropics in the light of the component, characteristics, etc. out of narcotics or psychotropics raw materials, another necessary special case may be enacted.
(Notification to Relevant Ministers)
Article 50-37 The Minister of Health, Labour, and Welfare shall notify the relevant ministers of the notified matters pursuant to the provisions of Article 50-27 and Article 50-28 to seek the cooperation of the relevant ministers.
Chapter III Supervision
(Collection of Reports, etc.)
Article 50-38 (1) When the Minister of Health, Labour, and Welfare or the governor finds it necessary to control a narcotics or psychotropics, the said Minister or the said governor shall collect necessary reports from a narcotics handler, a psychotropics handler and others concerned, have narcotics agents or narcotics control officials and other officials inspect the place of business of narcotics, a psychotropics sales office, hospitals, etc. a psychotropics research institution and others or a psychotropics related place, check books, other articles, question the people concerned or take each minimum quantity of narcotics, exempt narcotics preparation, psychotropics or other doubtful articles away.
(2) The Minister of Health, Labour, and Welfare or the governor shall may collect necessary reports from a narcotics, etc. raw material dealer and others concerned, or have narcotics agents or narcotics control officials and other officials check books, other articles at the places related to a narcotics, etc. raw material sales office or other narcotics raw materials at a necessary limit to investigate the actual conditions of import, export, manufacture, subdivide, transfer or obtain of a narcotics raw material.
(3) The officials in the preceding two paragraphs take their ID to show their certificate with them, they shall show them at a request of the people concerned.
(4) The authority provided for in paragraph (1) or (2) shall not be construed and approved for a criminal investigation.
(Administrative Order)
Article 50-39 If the Minister of Health, Labour, and Welfare finds it for a psychotropics importer, a psychotropics exporter, a psychotropics manufacturer, a psychotropics utilizer or the proprietor of a psychotropics research institution pertaining to the registration of the Minister of Health, Labour, and Welfare to violate the provision of Article 50-21, the said Minister may order these persons to take necessary measures for storing the psychotropics or changing methods for disposing of them by fixing the term, and if the governor finds it for a psychotropics wholesale dealer, a psychotropics retail dealer, the proprietor of hospitals, etc. or the establisher of a psychotropics test research institution pertaining to the registration of the governor to violate the provision of Article 50-21, the governor may order to these persons take necessary measures for storing the psychotropics or changing methods for disposing of them by fixing the term.
(Order for Improvement, etc.)
Article 50-40 If the Minister of Health, Labour, and Welfare finds it for the structured arrangements of the psychotropics sales offices pertaining to a psychotropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder or a psychotropics utilizer to no longer comply with the standards provided for under Ordinances of the Ministry of Health, Labour, and Welfare in item (i), paragraph (2), Article 50, and if the governor finds it for the structured arrangements of the psychotropics sales offices pertaining to a psychotropics whoslsale dealer or a psychotropics retail dealer to no longer comply with the standards provided for under Ordinances of the Ministry of Health, Labour, and Welfare, they may order them to improve the arrangements or may order them to prohibit the use of the whole or a part of the said psychotropics sales offices for a period until the improvements thereof are completed, respectively.
(Order to Change Psychotropics Handling Supervisor)
Article 50-41 A psychotropics importer, a psychotropics exporter, a psychotropics manufacturer/compounder or a psychotropics utilizer who puts a psychotropics handling supervisor, and a psychotropics wholesale dealer or a psychotropics utilizer puts a psychotropics handling supervisor, when these supervisors violate this Act or the provisions of other Acts and Ordinances concerning pharmaceutical affairs or dispositions based on these provisions, or if these supervisors are each regarded as inappropriate as a psychotropics handling supervisor, the Minister of Health, Labour, and Welfare may order the psychotropics dealer to change the former, and the governor may order the psychotropics dealer to change the latter.
(Cancellation of License, etc.)
Article 51 (1) When a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics or a narcotics central whole sale dealer (first 6 persons), and a narcotics whole sale dealer, a narcotics retail dealer, a narcotics administer, a narcotics administrator or a narcotics researcher (second 6 persons) individually violates the provisions of this Act, dispositions by the Minister of Health, Labour, and Welfare or the governor based on the provisions of this Act or the license or the conditions attached to the license, or coming to falling under any of each item of items (ii) to (vii), paragraph (3), Article 3, the Minister of Health, Labour, and Welfare or the governor may respectively order to cancel the license of a person, or order to suspend the business concerning a narcotics or a study by fixing a term. (6 persons-First group to be disposed by Minister)/(6 persons-Second group to be disposed by Governor.)
(2) When a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics or a narcotics central whole sale dealer (first 6 persons), and a narcotics whole sale dealer, a narcotics retail dealer, a narcotics administer, a narcotics administrator or a narcotics researcher (second 6 persons) individually violates the provisions of this Act, dispositions by the Minister of Health, Labour, and Welfare or the governor based on the provisions of this Act or the license or the conditions attached to the license, or coming to falling under any of (b) to (g), item (ii), paragraph (2), Article 50, the Minister of Health, Labour, and Welfare or the governor may respectively order to cancel the license of a person, or order to suspend the business concerning a psychotropics by fixing a term. (6 persons-First group to be disposed by Minister )/(6 persons-Second group to be disposed by Governor.).
(3) When the establisher of a psychotropics research institution pertaining to the registration of the Minister of Health, Labour, and Welfare or the establisher of a psychotropics research institution pertaining to the registration of the governor individually violates the provisions of this Act or dispositions by the Minister of Health, Labour, and Welfare or the governor based on the provisions of this Act, they may individually cancel the registration.
(Exemption of Method of Hearing, etc.)
Article 52 (1) A notification of paragraph (1), Article 15 or Article 30 of the Administrative Procedures Act (Act No. 88 of 1993) pertaining to the disposition pursuant to the provision of the preceding two articles shall be forwarded no later than one week prior to the deadline of submission of the document where the date of hearing or the excuses are described (the time/date if an opportunity to orally excuse the case is given.)
(2) When the Minister of Health, Labour, and Welfare or the governor forwards a notification in an order to change a psychotropics handling supervisor pursuant to the provision of Article 50-41, an order to cancel the license pursuant to the provision of paragraph (1) or (2) of preceding article or an order to cancel the registration pursuant to the provision of paragraph (3) in the same Article ("an order to change, etc." is referred to in the next paragraph.) pertaining to paragraph (1), Article 15 of the Administrative Procedures Act, the date of the hearing and place shall be publicized.
(3) The examination on the date of hearing pertaining to an order to change, etc. shall be publicized.
Article 53 Deleted.
(Narcotics Agent and Narcotics Control Official)
Article 54 (1) A narcotics agent shall be put at the Ministry of Health, Labour, and Welfare and the Minister of Health, Labour, and Welfare shall order the said narcotics agent out of officials of the said Ministry.
(2) The governor shall order an official out of the prefectural government by consulting with the chief prosecutor at a public prosecutors office corresponding to a district court controlling the main place of working of the official to appoint a narcotics control official.
(3) The fixed number of a narcotics agent shall be provided for under a cabinet order.
(4) The necessary matters concerning the qualification of a narcotics agent shall be provided for under a cabinet order.
(5) A narcotics agent shall be directed and supervised by the Minister of Health, Labour, and Welfare, a narcotics control official shall be directed and supervised by the governor who shall be engaged in the official duty as a judicial police officer pursuant to the provisions of the Code of Criminal Procedure (Act. No. 131 of 1948) with regard to offenses in this Act, the opium Act, the Stimulants Control Act (Act No. 252 of 1951) or offenses against the Act Concerning the exceptions such as the drug to plan the prevention such as acts to promote an illegal act to affect controlled substance with international cooperation and psychotropic drug control methods (Act No. 94 of 1991) or offenses in violation of the Pharmaceuticals medical machinery, etc. Act (Article 83-9 and item (xxv), Article 84 of the Pharmaceuticals medical machinery, etc. Act (limiting to the part pertaining to the provisions of paragraphs (1) and (2), Article 76-7) and item (xxvi), item (viii), Article 85, item (xxxiii), paragraph (1), Article 86, item (xiii), Article 87 (limiting to the part pertaining to the provision of paragraph (1), Article 76-8 of the Pharmaceuticals medical machinery, etc. Act) and item (xv) (hereinafter the "the provisions of Article 83-9, etc." is referred to in this paragraph.) and limiting to the offenses of Article 90 (limiting to the part pertaining to the provisions of Article 83-9, etc.), and the offenses provided for under Chapter XIV, PART II Penal Code (Act No. 45 of 1907) or the offenses affected by poisoning of a narcotics, opium or psychotropics.
(6) A judicial police officer pursuant to the provision of the preceding paragraph and other judicial police officer shall cooperate with each other in exercising the official duty.
(7) A narcotics agent and a narcotics control official may individually take a small-type arm with them when they exercise their duties as judicial police officers.
(8) The provision of Article 7 of the police official duties execution Act (Act No. 136 of 1948) shall be applied mutatis mutandis to the use of arms in the preceding paragraph of a narcotics agent and a narcotics control official.
(Place Where Narcotics Agent Exercising Official Duty)
Article 55 (1) A narcotics agent shall belong to a regional bureau health and welfare established provided for under another Act to exercise an official duty within the jurisdiction of the said regional bureau health and welfare.
2. A narcotics agent may exercise the official duty even outside the jurisdiction of the regional health welfare whenever the said agent needs for the investigation. 2. A narcotics agent may exercise the official duty even outside the jurisdiction of the regional health welfare whenever the said agent needs for the investigation.
(Cooperation of Narcotics Agent and Narcotics Control Official)
Article 56 (1) The Minister of Health, Labour, and Welfare may ask a governor to have a narcotics control official cooperate with a narcotics agent for a specified case if finding it particularly necessary for the investigation. In this case, the said narcotics control official shall be directed and supervised by the Minister of Health, Labour, and Welfare within the scope in need of the investigation.
2. If a governor finds it particularly necessary to investigate a case, the said governor may ask the Minister of Health, Labour, and Welfare to make an application to have a narcotics agent belonging to the regional bureau health welfare controlling the jurisdiction of the said prefectural government cooperate in the investigation. In this case, if the Minister of Health, Labour, and Welfare finds it appropriate, the said Minister shall have the said narcotics agent cooperate in the investigation. 2. If a governor finds it particularly necessary to investigate a case, the said governor may ask the Minister of Health, Labour, and Welfare to make an application to have a narcotics agent belonging to the regional bureau health welfare controlling the jurisdiction of the said prefectural government cooperate in the investigation. In this case, if the Minister of Health, Labour, and Welfare finds it appropriate, the said Minister shall have the said narcotics agent cooperate in the investigation.
(Narcotics Agent and Jurisdiction of Prefecture)
Article 57 A narcotics control official may exercise the official duty outside the jurisdiction of the said prefecture when necessary for the investigation in addition to what are provided for in the preceding Article, if the Minister of Health, Labour, and Welfare approves it.
(Transfer of Narcotics Between Narcotics Agent and Narcotics Control Official)
Article 58 A narcotics agent and a narcotics control official may obtain a narcotics from any person to investigate a case concerning a narcotics upon authorization by the Minister of Health, Labour, and Welfare irrespective of the provisions of this Act.
Chapter IV Measures, etc. to Narcotics Dependent
(Notification of Medical Doctor, etc.)
Article 58-2 (1) When a medical doctor diagnoses that a medical examinee is a narcotics dependent as a results of the medical examination, the said doctor shall notify the governor of the residence (the present residence about a person having no residence or is unknown. The same is hereinafter in this Chapter.) of the name of a person, address, age, sex and other mutters provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
2. When the notification in the preceding paragraph is filed with the governor, the said governor shall quickly report it to the Minister of Health, Labour, and Welfare. 2. When the notification in the preceding paragraph is filed with the governor, the said governor shall quickly report it to the Minister of Health, Labour, and Welfare.
(Notification of Narcotics Agent, etc.)
Article 58-3 When a narcotics agent, a narcotics control official, a police officer or a coast guard officer discovers a narcotics dependent or a person about its doubt, they shall quickly notify the governor of the residence of the name of a person, address, age and sex and the reasons to the effect that it shall be recognized that the person is a narcotics dependent or the person is of its doubt.
(Notification of Public Prosecutor)
Article 58-4 A public prosecutor shall quickly notify the governor of the residence of the name of a person, address, age and sex and the reasons to the effect that it shall be recognized that the person is a narcotics dependent or the person is of its doubt, when the said public prosecutor disposes a narcotics dependent or its accused of its doubt not to institute a public action, or a narcotics dependent or its defendant of its doubt whose sentences (excluding a sentence that imprisonment, imprisonment without labor or detention is sentenced and the suspension of the execution is not sentenced.) are fixed.
(Notification of Head of Correctional Institution)
Article 58-5 When the heads of correctional institutions (a penal institution, a juvenile reformatory, a juvenile classification home and women's guidance home) release narcotics dependents or its doubtful suspects, the said heads shall notify the governor of the name of a person, its returning places, age, and sex, the date of release, the name of a caretaker and address and the reasons to the effect that the person is a narcotics dependent or a person of its doubt and whose returning places (about a person having no places to return or the returning places are not known, the shall be a residence of the said correctional institution).
(Medical Examination of Narcotics Dependent, etc.)
Article 58-6 (1) When the governor finds it necessary to examine a narcotics dependent or a person of its doubt, the said governor may designate a designated mental health welfare doctor to examine the person.
(2) In case of the preceding paragraph, a mental health welfare designated doctor judges whether or not there is a narcotics dependent and a compulsory hospitalization is needed pursuant to the provision of Article 58-8 with the methods and standard provided for under a cabinet order about the said examinees, and when it shall be considered that compulsory hospitalization pursuant to the provision of the same Article is required, with regard to the said narcotics dependent, the term must be determined within the scope not exceeding 30 days as a hospitalization term until it is determined pursuant to the provision of paragraph (6) in the same Article.
(3) When a mental health welfare designated doctor needs to exercise an examination pursuant to the provision of paragraph (1), the said doctor may ask an examinee to appear at a place where an examination to be performed or stay in a place where the examination is to be done at a necessary limit.
(4) The governor shall let the examinee undergo the examination pursuant to the provision in paragraph (1) in the presence of the said official.
(5) A mental health welfare designated doctor and the said official may enter the said examinee's residence to exercise the official duty in paragraph (1) and the preceding paragraph at a necessary limit.
(6) The provision of paragraphs (3) and (4), Article 50-38 shall be applied mutatis mutandis to entering in the preceding paragraph.
(7) When the mental health welfare designated doctor exercises the examination pursuant to the provision in paragraph (1), the said doctor shall be careful not to damage the honor of the examinee, and give some opportunity for the examinee to state their opinion on the matters provided for in paragraph (2).
(8) When the governor finds that the examination pursuant to the provision of paragraph (1) reveals that the said examinee is a narcotics dependent, the said governor shall quickly report the result to the Minister of Health, Labour, and Welfare.
(Duty of Mental Health Welfare Designated Doctor)
Article 58-7 A mental health welfare designated doctor shall perform the duty provided for in Article 19-4 of the Act on Mental Health and the Welfare of Persons with Mental Disabilities (Act No. 123 of 1950) and perform the official duty the governor designates provided for in the preceding Article as a public worker.
(Compulsory Hospitalization)
Article 58-8 (1) When a governor recognizes that the results of the examination by the mental health welfare designated doctor pursuant to the provision of paragraph (1), Article 58-6 reveal that the said examinee is a narcotics dependent and the potentiality is significantly high that the examinee would repeat the administering of a narcotics, cannabis or opium because of narcotics addiction, the said governor may have the examinee hospitalized in a hospital (hereinafter the "hospital for treatment of narcotic dependent" is referred to.) provided for under the ordinances to undergo a necessary medical treatment on the examinee.
(2) When the administrator of a hospital for treatment of narcotic dependent recognizes that the person hospitalized in the said hospital for treatment of narcotic dependent pursuant to the provision of the preceding paragraph (hereinafter "a compulsorily hospitalized patient" is referred to.) needs to be hospitalized continuously exceeding the term determined by the mental health welfare designated doctor pursuant to the provision of paragraph (2), Article 58-6, the said administrator shall notify the governor of the reasons why and the inevitably recognized hospitalization term.
(3) In case the governor receives a notification in the preceding paragraph, if the said governor finds it necessary for the said compulsory hospitalization to continue, the said governor shall notify the narcotics dependency examination committee of the reasons why and the hospitalization term that is inevitably needed to seek for the examination on whether or not it is appropriate.
(4) When the narcotics dependency examination committee is asked to exercise the examination pursuant to the provision of the preceding paragraph, the said committee shall examine whether or not the said matter is appropriate to notify the governor of the results thereof. In this case, the said committee shall notify the governor of the date of when the examinee should leave the hospital, if the said committee finds it adequate for the said compulsorily hospitalized patient to leave the hospital before the lapse of the term provided for by a designated physician of mental health pursuant to the provision of paragraph (2), Article 58-6.
(5) When the narcotics dependency examination committee examines the matters in the preceding paragraph, the said committee shall listen to the said compulsorily hospitalized patient and the medical doctor who is engaged in the business of medically examining the said patient at the said narcotics dependent medical institution.
(6) The governor shall have the said compulsorily hospitalized patient leave the hospital in accordance with the decision of the narcotics dependency examination committee notified pursuant to the provision of paragraph (4) or decide the hospitalized hours pertaining to the said compulsorily hospitalized patient to notify the administrator of the said hospital for treatment of narcotic dependent and the said compulsorily hospitalized patient.
(7) When no one notifies the administrator of the hospital for treatment of narcotic dependent of the said compulsorily hospitalized patient within the fixed term determined by the mental health welfare designated doctor pursuant to the provision in paragraph (2), Article 58-6, the said administrator shall leave the said compulsorily hospitalized patient.
(8) The hospitalization term pursuant to the provision of paragraph (6) shall not exceed three months since the date of the hospitalization of the said compulsorily hospitalized patient.
(Extension of Hospitalization Term)
Article 58-9 (1) The hospitalization term pursuant to paragraph (6) of the preceding Article may be extended to two months every time as a limit within the scope not exceeding six months from the date of the hospitalization of the said compulsorily hospitalized patient.
(2) The provisions of paragraphs (2) to (7) in the preceding Article shall be applied mutatis mutandis to the extension of the hospitalization term in the preceding paragraph.
(Restriction of Behavior)
Article 58-10 The administrator of a hospital for treatment of narcotic dependent may necessarily restrict the behaviors of the compulsorily hospitalized patient at a limit that is indispensable to the medical treatment with regard to a compulsory hospitalization.
(Keeping Personal Effects)
Article 58-11 The governor may have the said official keep the personal effects of a compulsorily hospitalized patient that some of them seems to prevent the said patient from being cured in the hospitalization of the person.
(Leaving Hospital)
Article 58-12 (1) When the governor finds it unnecessary for a compulsorily hospitalized patient to be continuously hospitalized, the said governor shall quickly have the said patient leave the hospital. In this case, the said governor shall listen to the said proprietor of the hospital for treatment of narcotic dependent in advance.
2. When the administrator of the hospital for treatment of narcotic dependent finds it unnecessary for the compulsorily hospitalized patient to continue to be hospitalized in light of the disease conditions, etc., the said administrator shall quickly notify the governor of the conditions. 2. When the administrator of the hospital for treatment of narcotic dependent finds it unnecessary for the compulsorily hospitalized patient to continue to be hospitalized in light of the disease conditions, etc., the said administrator shall quickly notify the governor of the conditions.
(Narcotics Dependency Examination Committee)
Article 58-13 (1) A narcotics dependency examination committee shall be established at a prefectural government in order to exercise examinations pursuant to the provisions of paragraph (4), Article 58-8 (including a case that is applied mutatis mutandis in paragraph (2), Article 58-9.).
(2) Irrespective of the provisions of the preceding paragraph, a prefectural government may establish a narcotics dependency examination committee when the said governor finds it necessary for a compulsorily hospitalized patient to be continuously hospitalized pursuant to the provision of paragraph (3), Article 58-8 in an ordinance. In this case, it shall be considered that the said narcotics dependency examination committee should be abolished when the said compulsorily hospitalized patient leaves the hospital.
(3) The committee members of a narcotics dependency examination committee shall be appointed out of the persons who have learning and experience concerning laws or medical treatments of narcotic dependent by the governor.
(4) The matters required concerning the narcotics dependency examination committee shall be provided for under a cabinet order in addition to what are provided for in the preceding three paragraphs.
(Policy for Medical Treatment and Amount Required for Medical Treatment Hospitalization Measures)
Article 58-14 (1) A calculating method of an amount for the cost required for a treatment policy concerning the medical treatment performed by a hospital for treatment of narcotic dependent with regard to a compulsorily hospitalized patient shall remain applicable to examples of the medical examination policy of health insurance and a calculating method for an amount required for medical treatments.
(2) When the medical examination policy provided for in the preceding paragraph and by the example of the method of calculating the amount of the cost required for medical treatment can't be made, the medical treatment policy when this is not appropriate and the calculating method of the amount of the cost required for the medical treatment shall be provided for by the Minister of Health, Labour, and Welfare.
(Entrustment of Affairs to Social Insurance Medical Fee Payment Fund)
Article 58-15 The prefectural government may entrust the affairs concerning the examination of whether or not the medical treatment by the hospital for treatment of narcotics dependent may comply with the medial treatment policy provided for in the preceding Article and the calculation the of the amount of the costs required for the medical treatment and the payment of the medical treatment remunerations to the establisher of the hospital for medical treatment of narcotics dependent to the Social Insurance Medical Fee Payment Fund.
(Reports, etc.)
Article 58-16 (1) When the Minister of Health, Labour, and Welfare or the governor finds it appropriate to investigate whether or not the claims for the medial examination remunerations of the hospital for medical treatment of narcotics dependent is appropriate, asking the administrator of the hospital for treatment of narcotics dependent for a necessary report, or having the said officials agreeing with the administrator of the hospital for treatment of narcotics dependent in place of the examination records on the spot and other books and documents (in place of its preparation or the storage, the electromagnetic records (the electronic system, the magenetic system and other system that are not perceived system with a human perception, "they are used for information processing with a computer" is referred to.). When they are to be prepared or are stored, the said magnetic records can be inspected with the said officials.
(2) If the administrator of a hospital for treatment of a narcotics dependent doesn't respond to seeking a report in the preceding paragraph, or sends a false report, or refuses to agreement in the same paragraph, the Minister of Health, Labour, and Welfare or the governor may temporarily suspend or suspend to the examination remuneration of the prefectural government to the said hospital for treatment of narcotics dependent.
(Burden of Prefectures)
Article 58-17 (1) The cost for the hospitalization of a narcotics dependent hospitalized by the governor shall be borne by a prefectural government pursuant to the provision of paragraph (1), Article 58-8.
(2) The provision of Article 30-2 of the Act on Mental Health and the Welfare of Persons with Mental Disabilities shall be applied mutatis mutandis to the burden of the prefectural government pursuant to the provision of the preceding paragraph.
(Officials Responding to Consultations with Narcotics Dependent)
Article 58-18 (1) A prefectural government may establish an official who shall respond to any consultations with a narcotics dependent or a person abusing psychotropics.
(2) The official in the preceding paragraph shall consult with a narcotics dependent and a person who had been a narcotics dependent and a person who abuses a psychotropics and a person who had abused a psychotropics, shall willingly consult with them, direct a necessary guidance for them, and exercise the incidental businesses to these miscellaneous matters.
(3) The official in paragraph (1) shall be a part-timer, and be appointed out of persons socially reliable, and having a necessary passion or insight by a governor.
(Keeping Confidentiality)
Article 58-19 A mental health welfare designated doctor, the official of a hospital for treatment of a narcotics dependent, committee members of the narcotics dependency examination committee or the official in paragraph (1) in the preceding Article shall not leak the secrets of persons that can be known concerning the executions of the official duties pursuant to the provisions of this Act. Even after retiring the duty, the same shall apply.
Chapter V Miscellaneous Rules
(Payment by Prefectural Government)
Article 59 The costs as listed in the following shall be paid by a prefectural government.
(i) The costs required for a narcotics control official to be established pursuant to the provision of paragraph (2), Article 54 and the directly required cost for the duty exercised by the narcotics control official outside the jurisdiction of the said prefecture pursuant to the provision of paragraph (1), Article 56.
(ii) The cost for having a mental health welfare designated doctor exercise the examination pursuant to the provision of paragraph (1), Article 58-6.
(iii) The cost bearing pursuant to the provision of paragraph (1), Article 58-17.
(iv) The cost required for the narcotics dependency examination committee to be established pursuant to the provision of paragraph (1) or (2).
(v) The cost required for an official to be established pursuant to the provision of paragraph (1), Article 58-18.
(Burden of the State)
Article 59-2 The State shall bear three fourths of the cost paid by the prefectural government pursuant to the provision of item (iii) in the preceding Article provided for under a cabinet order.
(Subsidy by the State)
Article 59-3 The State may subsidize within five-tenth of the cost required for establishing a hospital for treatment of a narcotics dependent a prefectural government or a municipality or a nonprofit judicial person establishes within the budget provided for under a cabinet order.
(Collection of Costs)
Article 59-4 A governor may collect the whole or a part of the cost of item (iii), Article 59 in response to the burden capacity from a compulsorily hospitalized patient, one's spouse or a person under duty to support provided for in paragraph (1), Article 877 of the Civil Code (Act No. 89 of 1896).
(Commission)
Article 59-5 A person as listed in the following shall pay the commission in the amount provided for under a cabinet order by calculating an actual cost.
(i) A person who files an application form to be authorized to be a narcotics importer.
(ii) A person who files an application form to be authorized to be a narcotics exporter.
(iii) A person who files an application form to be authorized to be a narcotics manufacturer.
(iv) A person who files an application form to be authorized to be a narcotics compounder.
(v) A person who files an application form to be authorized to be a manufacturer of exempt narcotics.
(vi) A person who files an application form to be licensed to be engaged in the business of a narcotics central whole sale dealer.
(vii) A person who files an application form to be licensed to be engaged in the business of a narcotics importer.
(viii) A person who files an application form to be licensed to be engaged in the business of a psychotropics exporter.
(ix) A person who files an application form to be licensed to be engaged in the business of a psychotropics manufacturer/compounder.
(x) A person who files an application form to be licensed to be engaged in the business of a psychotropics utilizer.
(xi) A person who files an application form of a registration of the proprietor of a psychotropics research institution (limiting to one pertaining to the registration of the Minister of Health, Labour, and Welfare.).
(xii) A person who files an re-application form for a narcotics importer, a narcotics exporter, a narcotics manufacturer, a narcotics compounder, a manufacturer of exempt narcotics, a narcotics central whole sale dealer, a psychotropics importer, a psychotropics exporter, a psychotropics manufacturer /compounder or the license of a psychotropics utilizer or a re-issuance of the registration certificate (limiting to the one pertaining to the registration of the Minister of Health, Labour, and Welfare.) of the proprietor of a psychotropics research institution.
(Condition of License or Authorization)
Article 59-6 (1) A license or authorization provided for under this Act, to which a condition may be added, and this may be changed.
(2) The condition in the preceding paragraph shall be limited to the minimum necessary in order to merely prevent a hazard from being generated in health and welfare by abusing a narcotics or a psychotropics, and not be the one that should not impose an undue obligation on a person who is to be licensed or authorized.
(Dispositions of Narcotics or Psychotropics Vested in National Treasury)
Article 60 The Minister of Health, Labour, and Welfare may make a necessary disposition of the narcotics or psychotropics vested in the national treasury pursuant to the provisions of the Acts and the ordinances.
(Exemption of Application Concerning Narcotics, etc. for Criminal Identification)
Article 60-2 (1) The Minister of Health, Labour, and Welfare may import, manufacture, or transfer the narcotics or psychotropics to be used for criminal identification concerning narcotics or psychotropics irrespective of the provisions of this Act.
(2) The Minister of Health, Labour, and Welfare shall issue the imported, manufactured, transferred narcotics or psychotropics pursuant to the provision of the preceding paragraph to the national or prefectural institutions where criminal identification is implemented concerning narcotics or psychotropics.
(3) The officials working for the institutions in the preceding paragraph use for criminal identifications or possess the narcotics the said institution obtained from the Minister of Health, Labour, and Welfare pursuant to the provision of the same paragraph.
(4) The head of an institution who received the issuance of the narcotics or psychotropics from the Minister of Health, Labour, and Welfare pursuant to the provision of paragraph (2) shall provide a book and describe the article names and quantities and the dates and other matters of the narcotics or psychotropics used for criminal identification concerning the narcotics or psychotropics provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(5) When the Minister of Health, Labour, and Welfare is requested by a foreign government to the effect that they want to import narcotics or psychotropics to be used for criminal identification concerning narcotics or psychotropics, the said Minister may export the narcotics or psychotropics imported pursuant to the provision of paragraph (1), manufactured, or transferred that have been vested in the national treasury to the foreign government pursuant to the provisions of the Acts and the Ordinances irrespective of the provisions of this Act.
(Cost of Certificate Stamp)
Article 61 When a narcotics importer, a narcotics manufacturer or a narcotics compounder applies for the issuance of a certificate stamp pursuant to the provision of paragraph (1), Article 30, they shall individually pay the cost of the amount in the national treasury provided for under Ordinances of the Minister of Health, Labour, and Welfare by calculating the actual cost.
(Handling When the Same Person Having Two Qualifications or More)
Article 62 (1) When the same person holds two licenses or more of narcotics dealers or a narcotics dealer simultaneously doubles as the establisher of a narcotics medical institution or the proprietor of a narcotics research institution, with regard to the application of the provision concerning transfer or obtainment of a narcotics in this Act, it shall be considered that the same person individually acts as the different persons by the qualifications. In case the same person establishes two narcotics medical institutions or more or the proprietor of a narcotics research institution establishes two narcotics research institutions or more, too, the same shall apply.
(2) In case the same person has two licenses or more of the psychotropics dealers or the psychotropics dealer simultaneously doubles as the proprietor of hospitals, etc. or the establisher of a psychotropics research institution, with regard to the application of the provision concerning the transfer of a psychotropics in this Act, even though the same person acts as two persons, it shall be considered that the same person acts as two different persons by the different qualifications. In case the same person establishes two hospitals or more, or two psychotropics research institutions or more, or the establisher of hospitals, etc. establishes a psychotropics research institution, too, the same shall apply.
(Classification of Affairs)
Article 62-2 The affairs that shall be processed by a prefectural government pursuant to the provisions of Article 29, Article 35, paragraphs (1) and (3), Article 36 (including a case that these provisions are applied mutatis mutandis in item (iv) in the same Article.), Article 46 to Article 49, Article 50-22, paragraphs (2) and (3), Article 50-24, Article 50-33, paragraphs (1) and (2), Article 50-38, Article 50-39, Article 58-2 to Article 58-5, paragraphs (1), (4), (5), and (8), Article 58, paragraph (1), Article 58-8, paragraphs (2) to (6) in the same Article (including a case that these provisions are applied mutatis mutandis in paragraph (2), Article 58-9.), Article 58-11, Article 58-12 and Article 58-16 shall be No. 1 statutory entrusted function provided for in item (i), paragraph (9), Article 2 of the local autonomy Act (Act No. 67 of 1947).
(Delegation of Authority)
Article 62-3 (1) The authority of the Minister of Health, Labour, and Welfare provided for under this Act may be delegated to the chief of the regional bureau of health and welfare provided for under Ordinances of the Ministry of Health, Labour, and Welfare.
(2) The authority delegated to the chief of the regional bureau of health and welfare may be delegated to a branch manager of the regional bureau of health and welfare.
(Transitional Measures)
Article 62-4 In case a cabinet order or Ordinances of the Ministry of Health, Labour, and Welfare is enacted based on the provisions of this Act, or in case they shall be individually revised or abolished, a necessary transitional measure (including a transitional measure concerning the punishment.) may be enacted within the scope required reasonably judged accompanied by the enactment or the revision or abolishment.
(Order for Implementation)
Article 63 The detailed rules required of the procedure for the implementation of this Act and other executions shall be provided for under Ordinances of the Minister of Health, Labour, and Welfare excluding what are delegated in a cabinet order by this Act.
Chapter VI Punishment
Article 64 (1) A person who unlawfully import diacethylmorhene, etc. to this country or abroad or export them from this country or abroad or manufacture them shall be sentenced to serve a prison term of more than one year.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to life imprisonment or to serve a prison term of not less than three years, or be sentenced to life imprisonment or to serve a prison term of not less than three years and or to fine not more than 10,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 64-2 (1) A person who has unlawfully compounded, subdivided, transferred, obtained, delivered or possessed diacethylmorhene, etc. shall be sentenced to serve a prison term of not more than ten years.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not less than one year, or be sentenced to serve a prison term of not less than one year and to fine not more than 5,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 64-3 (1) A person who has administered, disposed of diacethylmorhene, etc. or received the application of them in violation of the provision of paragraph (1) or (4), Article 12 shall be sentenced to serve a prison term of not more than ten years.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not less than one year, or be sentenced to serve a prison term of not less than one year and to fine not more than 5,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 65 (1) A person who falls under any of each item shall be sentenced to serve a prison term of not less than one year and not more than ten years.
(i) A person who has unlawfully imported narcotics other than diacethylmorhene, etc. to this country or abroad or exported them from this country or abroad, or manufactured them (excluding a person who falls under item (i) to (iii), Article 69.).
(ii) A person who has unlawfully cultivated a narcotic raw material plant.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not less than one year or be sentenced to serve a prison term of not less than one year and to fine not more than 5,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 66 (1) A person (excluding a person who falls under item (iv) or (v), Article 69 or item (v), Article 70.) who has unlawfully compounded, subdivided, transferred, obtained or possessed narcotics other than diacethylmorheene, etc. shall be sentenced to serve a prison term of not more than seven years.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not less than one year and not more than ten years, or be sentenced to serve a prison term of not less than one year and not more than ten years and to fine not more than 3,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 66-2 (1) A person who has violated the provisions of paragraph (1), or paragraphs (3) to (5), Article 27 shall be sentenced to serve a prison term of not more than seven years.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not less than one year and not more than ten years, or be sentenced to serve a prison term of not less than one year and not more than ten years and to fine not more than 3,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 66-3 (1) A person (excluding a person who falls under item (xv) or (xvi), Article 70.) who has unlawfully imported to this country or abroad, or exported to this country or abroad, manufactured, compounded, subdivided a psychotropics shall be sentenced to serve a prison term of not more than five years.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not more than seven years, or be sentenced to serve a prison term of not more than seven years and to fine not more than 2,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 66-4 (1) A person (excluding a person who falls under item (xvii), Article 70 or item (vi), Article 72.) who has unlawfully transferred, possessed a psychotropics for the purpose of transferring it shall be sentenced to serve a prison term of not more than three years.
(2) A person who has committed the offense in the preceding paragraph for the purpose of profit shall be sentenced to serve a prison term of not more than five years, or be sentenced to serve a prison term of not more than five years and to fine not more than 1,000,000 yen depending upon the criminal circumstances.
(3) A person who has committed the attempted crime in the preceding two paragraphs shall be sentenced.
Article 67 A person who has made a preparation for the purpose of committing an offense in paragraph (1) or (2), Article 64 or paragraph (1) or (2), Article 65 shall be sentenced to serve a prison term of not more than five years.
Article 68 A person who has provided or transported a fund, land, building, vessel, aircraft, vehicle, arrangements, machinery, instruments, or raw materials (including the seeds of a narcotics raw materials.) (the "funds, etc." are referred to in Article 69-4.) shall be sentenced to serve a prison term not more than five years.
Article 68-2 A person who has mediated between transfer and obtainment of a narcotics which falls under an offense in paragraph (1) or (2), Article 64-2 or paragraph (1) or (2), Article 66 shall be sentenced to serve a prison term of not more than three years.
Article 69 A person who falls under any of each item in the following shall be sentenced to serve a prison term of not more than three years or to fine not more than 500,000 yen.
(i) A person who has violated the provision in paragraph (1), Article 14 and is not authorized to import a narcotics.
(ii) A person has violated the provision of paragraph (1), Article 18 and is not authorized to export a narcotics.
(iii) A person who has violated the provision of paragraph (1), Article 21 and is not authorized to manufacture a narcotics or an exempt narcotics.
(iv) A person who has violated the provision of paragraph (1), Article 23 and is not authorized to compound or subdivide a narcotics.
(v) A person who has violated the provision of Article 25.
(vi) A person who has violated the provision of Article 29-2.
(vii) A person who has violated an order to suspend a business or a study pursuant to the provision of paragraph (1), Article 51.
Article 69-2 A person who has made a preparation for the purpose of committing an offense in paragraph (1) or (2), Article 66-3 shall be sentenced to serve a prison term of not more than two years.
Article 69-3 (1) The narcotics or psychotropics pertaining to the offences in Article 64 to Article 67 or the preceding Article a suspected person owns or possesses shall be confiscated. However, in case of the possession of the drug pertaining to other than the suspected person, the drug may not be confiscated.
(2) In connection with the commitments of the offenses provided for in the preceding paragraph (excluding the offenses in Article 64-3 and Article 66-2.), the vessels, aircrafts or vehicles used to transport the narcotics or psychotropics may be confiscated.
Article 69-4 A person who has provided the funds, etc. needed to commit the offenses falling under in paragraph (1) or (2), Article 66-3 while well knowing the criminal background and circumstances shall be sentenced to serve a prison term of not more than two years.
Article 69-5 A person who has mediated between the transfer and the obtainment of a psychotropics falling under the offenses in paragraph (1) or (2), Article 66-4 shall be sentenced to serve a prison term of not more than one year.
Article 69-6 The offenses in Article 64, Article 64-2, Article 65, Article 66, Article 66-3 to Article 68-2, Article 69-2, Article 69-4 and the preceding Article shall follow examples of Article 2 of the Penal Code.
Article 70 A person who falls under any of each item in the following shall be sentenced to serve a prison term of not more than one year or to fine not more than 200,00 yen, or this shall be a cumulative imposition.
(i) A person who has violated the provision of paragraph (3), Article 4.
(ii) A person who has violated the provision of Article 19-2.
(iii) A person who has made a false description in describing a prescription pursuant to the provision of paragraph (6), Article 27.
(iv) A person who has violated the provision of Article 29 to dispose of the narcotics.
(v) A person who has violated the provisions of paragraphs (1) to (3), Article 30 or the provision of Article 31.
(vi) A person who has not received the issuance of the certificate of obtainment pursuant to the provision of paragraph (1), Article 32 or delivered a narcotics without exchanging this.
(vii) A person who has delivered a narcotics without issuing a certificate of obtainment pursuant to the provision of paragraph (1), Article 32.
(viii) A person who has made a false description on a certificate of obtainment or a certificate of transfer pursuant to the provision of paragraph (1), Article 32, or has made a false record on the electromagnetic records pursuant to the provision of paragraph (3) in the same Article.
(ix) A person who has violated the provisions of paragraph (3), Article 32, Article 33 or Article 34.
(x) A person who has made a false notification when filing a notification pursuant to the provisions of paragraph (1) or (2), Article 35 or paragraph (1), Article 36 (including a case that is applied mutatis mutandis in paragraph (4) in the same Article.) or paragraph (3) (including a case that is applied mutatis mutandis in paragraph (4) in the same Article.).
(xi) A person who has not provided a book in violation of paragraph (1), Article 37, paragraph (1), Article 38, paragraph (1), Article 39, paragraph (1), Article 40, or described anything on the book, or made a false description.
(xii) A person who has not kept the book in violation of the provisions of paragraph (2), Article 37, paragraph (2), Article 38, paragraph (3), Article 39, paragraph (3), Article 40.
(xiii) A person who has made a false description in describing the examination records or the examination book pursuant to the provision of Article 41.
(xiv) A person who has forged a prescription or modified it.
(xv) A person who has violated the provision of paragraph (1) or (2), Article 50-9 and is not authorized to import a psychotropics.
(xvi) A person who is not authorized to export a psychotropics in violation of the provisions of paragraph (1) or (2), Article 50-12 or paragraph (1), Article 50-13.
(xvii) A person who has violated the provision of Article 50-17.
(xviii) A person who has violated the provision of Article 29-2 applied mutatis mutandis in Article 50-18.
(xix) A person who has violated the orders pursuant to the provisions of Article 50-39 to Article 50-41.
(xx) A person who has violated the order to suspend the business pursuant to the provision of paragraph (2), Article 51.
(xxi) A person who has violated the provision of Article 58-19.
Article 71 A person who has violated the provisions of paragraph (1) or (2), Article 35, paragraph (1), Article 36 (including a case that is applied mutatis mutandis in paragraph (4) in the same Article.) or paragraph (3) (including a case that is applied mutatis mutandis in paragraph (4) in the same Article.), paragraph (2), Article 39, paragraph (2), Article 40, Article 41, paragraph (2) Article 50-15 or paragraph (1), Article 58-2 shall be sentenced to serve a prison term of not more than six months or to fine not more than 200,000 yen, or this shall be a cumulative imposition.
Article 72 A person who falls under any of each item in the following shall be sentenced to fine not more than 200,000 yen.
(i) A person who has violated the provisions of Article 7 (including a case that is applied mutatis mutandis in paragraph (2) in the same Article.) or paragraph (3), Article 15 or paragraph (6), Article 18.
(ii) A person who has not filed a notification or has filed a false notification in violation of the provisions of Article 42 to Article 45, paragraph (1), Article 46 to Article 49.
(iii) A person who has violated the provision of paragraph (3), Article 4 applied mutatis mutandis in Article 50-4 or Article 50-7.
(iv) A person who has forged a psychotropics prescription or modified it.
(v) A person who has violated the provision of Article 19-2 applied mutatis mutandis in Article 50-18.
(vi) A person who has violated the provision of Article 50-19.
(vii) A person who has not filed a notification or filed a false notification in violation of the provision of paragraph (1), Article 50-22.
(viii) A person who has violated the provisions of paragraphs (1) to (3), Article 50-23, has not recorded, or has made a false record.
(ix) A person who has not stored the records in violation of the provision of paragraph (4), Article 50-23.
(x) A person who has not filed a notification pursuant to the provision of Article 50-27, or filed a false notification.
(xi) A person who has not made a report pursuant to the provision of paragraph (1), Article 50-38, or filed a false report, or entered, refused to inspect or take some articles away for further inspection, prevented, or evaded.
Article 73 A person who falls under any of each item in the following shall be sentenced to fine not more than 200,000 yen.
(i) A person who has refused the medical examination of a mental health and welfare designated doctor pursuant to the provision of paragraph (1), Article 58-6, prevented, or evaded.
(ii) A person who has not appeared even if the person had been asked to do so pursuant to the provision of paragraph (3), Article 58-6, has not stayed even if the person had been asked to do so pursuant to the provision of the same paragraph.
(iii) A person who has refused to enter pursuant to the provision of paragraph (5), Article 58-6 or prevented
Article 73-2 A person who falls under any of each item in the following shall be sentenced to fine not more than 100,000 yen.
(i) A person who has violated the provisions of paragraph (1) or (3), Article 7 applied mutatis mutandis in Article 50-4 or Article 50-7, Article 15 applied mutatis mutandis in paragraph (3) or (4), Article 50-9, paragraph (6), Article 18, applied mutatis mutandis in paragraph (3) or (4), Article 50-12 or paragraph (2), Article 50-13, and Article 50-10, paragraph (6), Article 50-13 or Article 50-14.
(ii) A person who has not filed a notification in violation of the provision of paragraph (1) or (2), Article 50-24, or has filed a false notification.
(iii) A person who has violated the provision of Article 50-28.
(iv) A person who has not filed a notification in violation of the provision of Article 50-29 to Article 50-32 or paragraph (1), Article 50-33, or has filed a false notification.
(v) A person who has not made a record or has made a false record in violation of the provision of paragraph (1), Article 50-34.
(vi) A person who has not stored the records in violation of the provision of paragraph (2), Article 50-34.
(vii) A person who has violated the provision of Article 19-2 applied mutatis mutandis in Article 50-35.
(viii) A person who has not made a report pursuant to the provision of paragraph (2), Article 50-38, or has made a false report, or has refused to inspect, prevented, or evaded.
Article 74 When the representative of a legal person or the deputy of a legal person or a person, a servant, another employee commits offenses in paragraph (2) or (3), Article 64, paragraph (2) or (3), Article 64-2, paragraph (2) or (3), Article 65, paragraph (2) or (3), Article 66, or commits violative conducts in paragraph (2) or (3), Article 66-3, paragraph (2) or (3), Article 66-4, paragraph (2) or (3), Article 64-3, paragraph (2) or (3), Article 66-2, Article 69, Article 70 to Article 72 or the violative conducts in the preceding Article with regard to the legal person or the business of the person, the legal person or the person shall be sentenced to fine them by each of this Article in addition to what the performer of a violative deed shall be punished.
Article 75 A person who has violated Article 8 (including a case that is applied mutatis mutandis in Article 50-4 or Article 50-7.) or has violated Article 10 (including a case that is applied mutatis mutandis in Article 50-4 or Article 50-7.) shall be sentenced to fine not more than 100,000 yen.
Article 76 A narcotics that is not known as diacetylmorphine, etc. or the narcotics as provided for in paragraph (2), Article 12 or the narcotics other than these, with regard to the application, it shall be considered that the narcotics is other than diacetylmorphine, etc. and the narcotics provided for in paragraph (2) in the same Article.
Supplementary Provisions [Extract]
(Effective Date)
(1) This Act shall come into force as of April 1, 1953.
(Abolition of Narcotic Control Act)
(2) The narcotic control Act (Act No. 123 of 1948. Hereinafter "the old Act" is referred to.) shall be abolished
(Transitional Provisions)
(3) The license, authorization and other conducts executed by the Minister of Health, Labour, and Welfare based on the old laws, if there exist the provisions equivalent to each provision in this Act, it shall be considered that they are individually executed by the Minister of Health, Labour, and Welfare or the governor on this Act.
(4) It shall be considered that the license of a narcotics handler issued based on the old law that is issued based on this Act.
(5) It shall be considered that the certificate stamp issued pursuant to paragraph (1), Article 29 of the old law and the seal that is applied pursuant to the provision of the same paragraph in the same Article are individually issued pursuant to the provision in paragraph (1), Article 30 of this Act, and the seal is applied pursuant to the provision of the same paragraph in the same Article.
(6) It shall be considered that the certificate of obtainment and the certificate of transfer issued pursuant to the provision of paragraph (1), Article 13 of the old law that are individually issued pursuant to the provision of paragraph (1), Article 32 of this Act.
(7) When this Act comes into force, the provision of paragraph (1), Article 33 shall not be applied to the proprietor of a domestic animal medical institution where two narcotic practitioners or more are currently engaged in the medical examination for three months after this Act comes into force.
(8) The proprietor in the preceding shall be by oneself a narcotics administrator, or the narcotic practitioner who is engaged in the medical examination at the domestic animal medical institution in the same paragraph shall individually administrate a narcotics for one's own use at the said institution or a narcotics delivered for administering until one narcotics administrator is established, and a narcotics other than the administrated narcotics shall not be administered at the said facilities or not be delivered for administering.
(9) A person who has violated the provision of the preceding paragraph shall be sentenced to serve a prison term of not more than one year or to fine not more than 30,000 yen, or a cumulative imposition shall be applied.
(10) When this Act comes into force, it shall be considered that the book currently stored pursuant to the provision of paragraph (3), Article 14 of the old law is the book in paragraph (1), Article 37, paragraph (1), Article 38, paragraph (1), Article 39, and paragraph (1), Article 40 of this Act.
(11) When this Act comes into force, a narcotics practitioner or a narcotics administrator or a narcotics researcher has currently stored the book in the preceding paragraph shall quickly hand the book over to the proprietor of the said narcotics medical institution or the establisher of the said narcotics research institution.
(12) A person who has violated the provision of the preceding paragraph shall be sentenced to serve a prison term of not more than six months or to fine not more than 10,000 yen, or this shall be a cumulative imposition, too.
(13) When the proprietor of a narcotics medical institution or the proprietor of a narcotics research institution obtains the book pursuant to the provision of paragraph (11), they shall individually store the book for two years from the date on which the final description is done in it.
(14) A person who has violated the provision of the preceding paragraph shall sentenced to serve a prison term of not more than one year or to fine not more than 30,000 yen, or this shall be a cumulative imposition, too.
(15) The provision of Article 74 shall be applied mutatis mutandis to a case where a violative conduct in the preceding paragraph has taken place.
(16) The penal provisions then in force shall remain applicable to the violative conducts (excluding the narcotics based on the old law and the narcotics based on this Act and the narcotics not regarded as exempt narcotics and the violative conducts concerning exempt narcotics based on the old law.) committed before this Act comes into force.
(17) When this Act comes into force, if an official currently stationed in a prefectural government that is a narcotics agent pursuant to the provision of Article 52-2 of the old law continuously becomes a prefectural narcotics control official, the provision of the same Article shall be applied mutatis mutandis as long as the official is continuously engaged in the business of the affairs concerning the narcotic control, except for the application of the provision in Article 10 of Supplementary Provisions to the Act (Act No. 77 of 1947) that partially revises the pension Act.
(18) A narcotic agent stationed in a prefectural government may deliver a State movable property that is currently used for the affairs when this Act comes into force to the said prefectural government irrespective of the provision of Article 3 of the Act (Act No. 229 of 1947) concerning the interest-free loan of the article and the transfer. In this case, the provision of paragraph (2), Article 5 of the same Act shall be applied mutatis mutandis.
(Exemption from 1985 to 1988)
(20) With regard to the applications in each fiscal year from 1985 to 1988 in the provision of Article 59-2, "eight-tenth" in item (ii) in the same Article shall be read to "seven-tenth".
Supplementary Provisions [Act No. 71 of April 22, 1954] [Extract]
(Effective Date)
(1) This Act shall come into force as of May 1 945.
(8) The penal provisions then in force shall remain applicable to the violative conducts before this Act comes into force.
Supplementary Provisions [Act No. 163 of June 8, 1954] [Extract]
(Effective Date)
(1) The provision of Article 53 in this Act shall come into force as of the date of promulgation of the Act for Summary Proceedings in Traffic Cases and the other parts shall come into force as of the date of the Police Act (Act No. 162 of 1954. Excluding the part pertaining to the proviso in paragraph (1) of Supplementary Provisions to the same Act.).
Supplementary Provisions [Act No. 145 of August 10, 1960] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 108 of June 21, 1963] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date from the date of promulgation.
(Transitional Provisions)
(2) The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 57 of April 11, 1964] [Extract]
(1) This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 111 of June 1, 1970] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 28 of May 10, 1972]
This Act shall come into force as of the date of the effectuation of the agreement between Japan and U. S. A. concerning Ryukyu Islands and Daito Islands.
Supplementary Provisions [Act No. 103 of June 26, 1972] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three months from the date of promulgation. However, the provisions of Article 2, Article 3 and paragraph (3) of Supplementary Provisions shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 27 of April 24, 1978] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date of promulgation. However, the revised provision of paragraph (1), Article 11 of the Act on real estate appraising and evaluation, the provisions of Article 2, Article 3, Article 5 and Article 6, the revised provision of paragraph (1), Article 107 of Patent Act in Article 19, the revised provision of paragraph (1), Article 31 of Utility Model in Article 20, the revised provision of paragraphs (1) and (2), Article 42 of Design Act in Article 21, the revised provision of paragraphs (1) and (2), Article 40 of Trademark Act in Article 22, the revised provision of paragraph (2), Article 5 of the guide interpreter Act in Article 28 and the provisions of Article 29 and Article 30 shall come into force as of May 1, 1978.
Supplementary Provisions [Act No. 55 of May 23, 1978] [Extract]
(Effective Date, etc.)
(1) This Act shall come into force as of the date of promulgation. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(i) The revised provisions of paragraphs (3) and (4), Article 16 of the mental health Act in Article 49 and the revised provision of Article 70 of the forest Act in Article 59. The date on which six months have lapsed since the date of promulgation.
(ii) The provisions of Article 1 (excluding the part pertaining to the typhoon devastated district countermeasure council.) and the provisions of Articles 6 to 9, the revised provisions of paragraph (1), Article 7 of the Act on Special Measures for the Amami Islands Promotion and Development in Article 10 and the provisions of Article 11, Article 12 and Article 14 to Article 32: The date provided for under a cabinet order by March 31, 1979
Supplementary Provisions [Act No. 45 of May 19, 1981] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 83 of December 10, 1983] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of promulgation. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(i) The provisions of Article 13, Article 15, Article 17 and Article 18 and Article 24 (excluding the revised provision of Article 29 of the narcotics control Act.) and the provision of Article 3 and Article 15 of Supplementary Provisions: January 1, 1984.
(ii) The provisions of Article 1 to Article 3, the provisions of Article 21 and Article 23, the revised provision of Article 29 of Narcotics Control Act in Article 24, the provisions of Article 41, Article 47 and Article 54 to Article 56 and Article 2, Article 6, Article 13 and Article 20: April 1, 1984
(Other Dispositions, Transitional Measures Pertaining to Application, etc.)
Article 14 Before this Act (the said each provision with regard to the provisions as listed in each item in Article 1 of Supplementary Provisions. The same is hereinafter in this Article and Article 16.) comes into force, dispositions such as authorizations and other conducts executed pursuant to the provisions of each Act before its revision (hereinafter the "conducts such as dispositions" are referred to in this Article.) or when this Act comes into force, applications such as authorizations and other conducts currently implemented pursuant to the provisions of each Act before its revision (here4inafter "conducts such as applications" in this Article.), on the date on which this Act comes into force, what a person who should implement the administrative affairs may be different excludes Article 2 to the preceding Article of Supplementary Provisions or what provided for in the provisions concerning the transitional measures of each Act (including orders based on this.) after its revision, it shall be considered that the applications of each Act after this Act comes into force are conducts such as dispositions or conducts such as applications implemented by the equivalent provisions of each Act after its revision.
(Transitional Measures on Punishment)
Article 16 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force and pursuant to the provisions of Article 3, paragraph (5), Article 5, paragraph (2), Article 8, Article 9 or Article 10 of Supplementary Provisions and to the conducts committed after the provisions of Article 17, Article 23, Article 36, Article 37 or Article 39 come into force.
Supplementary Provisions [Act No. 23 of May 1, 1984] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date on which twenty days have lapsed since the date of promulgation.
Supplementary Provisions [Act No. 37 of May 18, 1985] [Extract]
(Effective Date, etc.)
(1) This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 90 of July 12, 1985] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of promulgation.
Supplementary Provisions [Act No. 46 of May 8, 1986] [Extract]
(1) This Act shall into force as of the date of promulgation.
(2) The provisions pertaining to the exemptions for each fiscal year from the 1986 fiscal year to the 1988 fiscal year of the Act after its revision pursuant to this Act (excluding the provisions of Article 11, Article 12, and Article 34.) and the provisions pertaining to the exemptions of the 1986 fiscal year and the 1987 fiscal year are the burden of the State (including the burden of a prefectural government or a municipality pertaining to the burden of the said State. The same hereinafter in this paragraph.) pertaining to the budget for each fiscal year (pertaining to the exemptions of the 1986 fiscal year and the 1987 fiscal years from 1986 to 1989. The same is hereinafter in this paragraph.) or subsidy (excluding the burden of the State or the subsidy that should be paid to the fiscal year (that pertaining to the exemptions for the 1986 fiscal year and the 1987 fiscal year, 1989 fiscal year. Hereinafter the same in this paragraph.) the burden or subsidy of the State to be paid in the fiscal years thereafter, the burden or subsidy of the State to be paid in the fiscal year after the 1989 fiscal year based on the acts incurring liabilities on the treasury of each fiscal years, 1986 to 1989 and the burden or subsidy of the State pertaining to the expenditure budget for the fiscal years after the 1986 fiscal year and carried- over to the 1986 fiscal year then in force.
Supplementary Provisions [Act No. 98 of September 26, 1987] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation.
(Transitional Measures Accompanied by A Partial Revision Narcotics Control Act)
Article 14 Before this Act comes into force, it shall be considered that a medical examination an expert medical witness performed pursuant to the provision in paragraph (1), Article 58-6 of the narcotics control Act before its revision pursuant to the provision of the preceding Article, an diagnosis the medical witness performed pursuant to the provision of paragraph (2) in the same Article or the term provided for in the provision of the same paragraph are individually the medical examination the expert medical witness performed pursuant to the provision of paragraph (1), Article 58-6 of the narcotic control Act after its revision pursuant to the provision of the preceding Article, the diagnosis the witness performed pursuant to the provision of paragraph (2) in the same Article or the term fixed pursuant to the provision in the same paragraph.
Supplementary Provisions [Act No. 22 of April 1, 1989] [Extract]
(Effective Date, etc.)
(1) This Act shall come into force as of the date of promulgation.
(3) The provisions of the Act after its revision pursuant to the provisions of Article 13 (limiting to the revised provision of Article 2 of the national government's share of compulsory education expenses Act.), Article 14 (limiting to the revised provision of Article 5 of the compulsory education expenses' national treasury share Act.) and Article 16 to Article 28 shall be applied to the burden or subsidy of the State pertaining to the budget for the fiscal years after the 1989 fiscal year (excluding the burden or subsidy of the State to be paid to the fiscal years after the 1989 fiscal year by implementing the affairs or undertakings in the fiscal years before the 1988 fiscal year),
Supplementary Provisions [Act No. 33 of June 19, 1990] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation. However, the revised provision adding one chapter next the narcotics control Act Chapter II in Article 1 (limiting to the part pertaining to the proviso in paragraph (1), Article 50-26.) and the provision of the proviso in paragraph (1), Article 3 of Supplementary Provisions shall come into force as of the date provided for under a cabinet order within the scope not exceeding four months from the date of promulgation.
(Transitional Measures)
Article 2 (1) When this Act comes into force, a person who is currently engaged in the business of importing a psychotropics (hereinafter simply "psychotropics" is referred to.) provided for in item (vi), Article 2 of the narcotics and psychotropics control Act (hereinafter the "New Act" is referred to.) after its revision pursuant to this Act, exporting, manufacturing (including refining psychotropics and changing psychotropics by adding chemical reactions into another. The same is hereinafter.), compounding (compounding psychotropics ino another without adding any chemical reaction. However, excluding preparations.) or subdividing (subdividing psychotropics obtained from others into a small container.) or transferring psychotropics to others or changing psychotropics by adding chemical reactions into another may be engaged in the business without being not authorized in paragraph (1), Article 50 of the new Act for three months since the date on which this Act comes into force. If the person files an application form to be licensed in the same paragraph within the term, with regard to the application, in a period until the date on which the person receives a notification to the effect that the person is to be licensed or after the term has lapsed, in a period until the date on which the person is not to be licensed, the same shall be apply.
(2) When this Act comes into force, a proprietor of facilities who currently manufactures or utilizes a psychotropics for an academic study or test inspection may operate the facilities for three months since the date on which this Act comes into force without being registered in paragraph (1), Article 50-5 of the new Act. If the person files an application form for the registration in the same paragraph within the term, in a period until the date on which the person receives a notification to the effect that the person is to be registered or in a period until the date on which the person receives a notification to the effect that the person is not to be registered after the term has lapsed. The same shall apply.
Article 3 (1) When this Act comes into force, a person (hereinafter the "pharmacy establisher" is referred to in this Article.) who is authorized to establish a pharmacy pursuant to the provision of the pharmaceutical affairs Act (Act No. 145 of 1960) or it shall be considered that a person who is authorized to be engaged in the business of a general multilevel marketing distributor is individually a person who is licensed to be engaged in the business of a psychotropics wholesale dealer and a psychotropics retail dealer pursuant to paragraph (1), Article 50 of the new Act or a person who is licensed to be engaged in the business of a psychotropics wholesale dealer pursuant to the provision of the same paragraph with regard to the provision of the new Act (excluding Article 50-4 and paragraph (4), Article 50-20.). However, if the person files a particular notification provided for under Ordinances of the Ministry of Health, Labour, and Welfare, this shall not apply.
(2) A person who is licensed to be engaged in the business of a psychotropics wholesale dealer or a psychotropics retail dealer pursuant to the provision of the preceding paragraph and the license pertaining to a person who shall be considered to be licensed shall cease to be effective pursuant to the provision of Article 50-3 of the new Act, and if a person falls under any of each item in the following, the force shall cease to be effective, too.
(i) When the force of the authorization in paragraph (1), Article 4 of the pharmaceutical affairs Act or paragraph (1), Article 26 in the same Act pursuant to the provision of paragraph (2), Article 4 or paragraph (2), Article 24 of the pharmaceutical affairs Act.
(ii) When a notification (limiting to the one pertaining to the abolition.) has filed pursuant to Article 10 of the pharmaceutical affairs Act (including a case that is applied mutatis mutandis in Article 38 in the same Act.).
(iii) The authorization in paragraph (1), Article 4 or paragraph (1), Article 26 of the pharmaceutical affairs Act is cancelled pursuant to the provision of paragraph (1), Article 75 of the pharmaceutical affairs Act.
(3) In case of the main clause in paragraph (1), it shall be considered that the administrator of a pharmacy provided for in paragraph (3), Article 7 of the pharmaceutical affairs Act pertaining to the pharmacy of the said pharmacy establisher or the administrator of a general multilevel marketing distributor provided for in paragraph (3), Article 7 in the same Act applied mutatis mutandis in Article 27 in the new Act pertaining to a person who is authorized as a general multilevel marketing distributor of the said pharmaceuticals is individually a psychotropics handling supervisor pursuant to paragraph (1), Article 50-20 of the new Act.
(4) When an offer in the proviso of paragraph (1) is filed, the license pertaining to a person who is considered to be licensed as a psychotropics wholesale dealer or a psychotropics retail dealer pursuant to the provision in the same paragraph is cancelled pursuant to paragraph (2), Article 51 of the new Act (limiting to when the business of a pharmacy or a general multilevel marketing distributor of pharmaceuticals is resumed.), the gist shall be publicized.
Article 4 (1) The provision of Article 50-19 of the new Act shall not be applied to a psychotropics that currently exists and is contained in a container when this Act comes into force for two years since the date on which this Act comes into force.
(2) When this Act comes into force, and a container or a covering used for a psychotropics that currently exists is used within one year since the date of the enforcement of this Act, the provision of Article 50-19 of the new Act shall not be applied to the psychotropics contained in the said container or covering for two years since the date on which this Act comes into force.
Article 5 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 93 of October 5, 1992]
(Effective Date)
(1) This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation.
(Transitional Measures)
(2) When this Act comes into force, a person who is currently engaged in the business of importing or exporting a psychotropics raw material provided for in item (vii), Article 2 of the narcotics and psychotropics control Act (hereinafter the "new Act" is referred to.) after its revision pursuant to the provision of Article 1 or when this Act comes into force, a person who is currently engaged in the business of manufacturing (including refining a specified psychotropics raw material and reforming specified psychotropics raw material by adding chemical reactions into another, or without adding them into another. However, excluding preparations.) a specified psychotropics raw material pursuant to item (xxxx) in the same Article, subdividing a psychotropics raw material obtained from others and divided and contained in a container.) or a person who is engaged in the business of transferring a psychotropics to others, when to which the provision of Article 50-27 of the new Act is applied, and "in advance" in the same Article shall be read to "within one month from the date of the enforcement of the Act (Act No. 93 of 1992) that partially revises the narcotics and psychotropics control Act".
(3) The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 45 of May 20, 1992] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 46 of May 20, 1992] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of the enforcement of the Act (Act No. 45 of 1992. Hereinafter the "revised Act" is referred to.) that partially revises the veterinarian Act.
Supplementary Provisions [Act No. 89 of November 12, 1993] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of the enforcement of the administrative procedures Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions Inquired, etc.)
Article 2 Before this Act comes into force, when the procedures for hearing or an opportunity of excuses is granted pursuant to the provision of Article 13 of the administrative procedures Act and when making inquiries to take procedures equivalent to procedures for other statements of opinions, the inquiries into adverse dispositions then in force shall remain applicable to the inquiries irrespective of the provisions of the relevant Acts after its revision.
(Transitional Measures Concerning Punishiment)
Article 13 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
(Transitional Measures Accompanied by Arrangements of Provisions Concerning Hearings)
Article 14 When this Act comes into force, hearings or inquiries (excluding those pertaining to adverse dispositions.), it shall be considered that the procedures for these matters have been conducted by the provisions equivalent to the relevant Acts after its revision by this Act.
(Delegation to Cabinet Order)
Article 15 The necessary transitional measures concerning the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for in Article 2 to the preceding Article of Supplementary Provisions.
Supplementary Provisions [Act No. 97 of November 11, 1994] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of promulgation. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(ii) The provisions of Article 8 and Article 9 and paragraph (2), Article 7 and Article 8 of Supplementary Provisions
(Transitional Measures Accompanied by Partial Revision of Narcotics and Psychotropics Control Act)
Article 7 (1) The application of a permission pertaining to a term of July to December in 1995 pursuant to the provisions of paragraph (1), Article 21 and paragraph (1) of Article 23 of the narcotics and psychotropics control Act after its revision pursuant to the provision of Article 8 may be filed before the provision of Article 8 shall come into force.
(2) The persons who are provided for in Article 42 to Article 45 and paragraph (1), Article 46 of the narcotics and psychotropics control Act file a notification with the Minister of Health, Labour, and Welfare or a governor shall file a notification then in force, irrespective of these provisions after its revision pursuant to the provision of Article 8.
(Transitional Measures Concerning Punishment)
Article 20 The penal provisions then in force shall remain applicable to the conducts committed before this Act (the said each provision with regard to the provisions as listed in each item in Article 1 of Supplementary Provisions.) comes into force and the conducts committed after the provisions of Article 1, Article 4, Article 8, Article 9, Article 13, Article 27, Article 28 and Article 30 come into force whereras the penal provisions then in force shall remain applicable pursuant to the provisions of Article 2, Article 4, paragraph (2), Article 7, Article 8, Article 11, paragraph (2), Article 12, Article 13 and paragraph (4), Article 15 of Supplementary Provisions.
(Delegation to Cabinet Order)
Article 21 The transitional measures (including the transitional measures concerning the punishment.) required concerning the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for in Article 2 to the preceding Article of Supplementary Provisions.
Supplementary Provisions [Act No. 94 of May 19, 1995] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of July 1, 1995.
Supplementary Provisions [Act No. 105 of November 21, 1997] [Extract]
(Effective Date)
(1) This Act shall come into force as of the date of promulgation.
(Transitional Measures Accompanied by Partial Revision of Narcotics and Psychotropics Control Act)
(5) When the provision of Article 7 comes into force, the valid term whose license, a person who is currently licensed in paragraph (1), Article 50 of the narcotics and psychotropics control Act, the valid term then in force shall remain applicable irrespective of the provision of Article 50-2 of the same Act after its revision pursuant to the provision of Article 7.
Supplementary Provisions [Act No. 87 of July16, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of April 1, 2000. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(1) The revised provision adding Article 5, a section name and two subsections and the name of a subsection next to Article 250 of the local autonomy Act in Article 1 (limiting to the part pertaining to paragraph (1) Article 250-9 in the same Act (limiting to the part pertaining to getting the agreement of the two Houses.)), the revised provision of paragraphs (9) and (10) of Supplementary Provisions to the natural park Act in Article 40 (limiting to the part pertaining to paragraph (10) of Supplementary Provisions to the same Act.), the provision of Article 244 (excluding the part pertaining to the revised provision of Article 14-3 of the agricultural improvement and promotion Act) and the provision of Article 472 (excluding the part pertaining to the revised provision of Article 6, Article 8 and Article 17 concerning the special case of a merger of city, town, and village.) and the provisions of Article 7, Article 10, Article 12, the proviso in Article 59, paragraphs (4) and (5), Article 60, Article 73, Article 77, paragraphs (4) to (6), Article 157, Article 160, Article 163, Article 164 and Article 202 of Supplementary Provisions: the date of promulgation
(Transitional Measures Accompanied by Partial Revision of Narcotics and Psychotropics Control Act)
Article 67 When this Act comes into force, it shall be considered that a person is currently authorized pursuant to the provision of Article 29 of the narcotics and psychotropics control Act before its revision pursuant to the provision of Article 182 or a person who has filed an application for authorization is a person who has filed the application for the authorization pursuant to the provision of Article 29 in the same Act after its revision pursuant to the provision of Article 182.
(Transitional Measures Concerning Affairs, etc. Then in Force)
Article 69 With regard to the affairs, authority or official authority (hereinafter the "affairs, etc." are referred to.) of the governor pertaining to the matters then in force pursuant to the provision of paragraph (1), Article 32, paragraph (1), Article 78 and paragraphs (1) and (13), Article 87 of Supplementary Provisions to the Act (Act No. 34 of 1985) that partially revises the national pension Act, etc., the national pension Act, the employees' pension insurance Act and the seaman's insurance Act after its revision pursuant to this Act or the affairs equivalents to the said affairs, etc. or authorized by the minister of health, labor, and welfare pursuant to the provisions of orders based on these Acts, or the secretary of said Social Insurance Agency or whose positions are delegated to the next positions like Director-General of a Regional Social Insurance Bureau so the authority is descending from the top to the bottom like Director: from General of a Regional Social Insurance Bureau to the next one shall be the affairs or authority of the social insurance office affairs head, finally.
(Application of Special Case of Paragraph (4), Article 156 of the New Local Autonomy Act)
Article 70 As for the regional social insurance bureau and the social insurance office of Article 14 of the Act for establishment of the Ministry of Health, Labour, and Welfare after its revision pursuant to the provision of Article 166, when this Act comes into force, the provision of paragraph (4), Article 156 of the new local autonomy Act shall not be applied to a prefectural institution that processes pursuant to the provision of Article 8 of Supplementary Provisions to the old local autonomy Act (limiting to handling the social insurance related affairs.) at the same position as the one (limiting to the local social insurance affairs office located at a city (including a special ward.) where a prefectural government is located.).
(Transitional Measures Concerning Social Insurance Relevant Local Official)
Article 71 When this Act comes into force, a person who is currently an official(limiting to a person appointed by the minister of health, labour, and welfare or a person appointed by a person who is delegated. The "social insurance related local administrative official" is referred to in Article 158 of Supplementary Provisions.)pursuant to Article 8 of Supplementary Provisions to the old local autonomy Act shall become an official of an equivalent local social insurance affairs office or a social insurance office until a letter of appointment is separately issued.
(Transitional Measures Concerning Local Social Insurance Medical Council)
Article 72 A local social insurance medical council and its chairman, committee members and expert members pursuant to the social insurance council Act before its revision pursuant to the provision of Article 169 shall become the local insurance medical council of an equivalent local social insurance office and its chairman, committee members and expert members and exist with an identity of both parties.
(Preparatory Actions)
Article 73 A designation pursuant to item (ii), paragraph (1), Article 92-3 of the national pension Act after its revision pursuant to the provision of Article 200 and a public notice pursuant to the provision of paragraph (2) in the same Article may be implemented even before the provision of Article 200 comes into force.
(Transitional Measures Pertaining to Re-examination Claim to Minister of Health, Labour, and Welfare)
Article 74 Article 149 to Article 151 pertaining to the dispositions implemented by the administrative agency before the date of the enforcement, Article 157, Article 158, Article 165, Article 168, Article 170, Article 172, Article 173, Article 175, Article 176, Article 183, Article 188, Article 195, Article 201, Article 208, Article 214, Article 219 to Article 221, paragraph (2), Article 59-4 of the child welfare Act before its revision pursuant to the provision of Article 229 or Article 238, Article 12-4 of the Act concerning of a massage finger practitioner, acupuncurit, etc., Article 29-4 of food sanitation Act, Article 9-3 of the hotel business Act, Article 7-3 of the public bath house Act, Article 71-3 of the medical care Act, paragraph (2), Article 43-2 of the Act on Welfare of People with Disabilities, paragraph (2), Article 51-12 the Act on Mental Health and the Welfare of Persons with Mental Disabilities, paragraph (2), Article 14-2 of the cleaning business Act, Article 25-2 of the rabies preventive Act, paragraph (2), Article 83-2 of the social service welfare Act, Article 69 of the cubercilosis control Act, Article 20 of slaughterhouse Act, Article 27-2 of the Special Provisions for Dental Technicians Act, Article 20-8-2 the Act concerning medical technologist and sanitary inspector, paragraph (2), Article 30 of the Retarded Person Welfare Act, paragraph (2), Article 34 of the elderly welfare Act, paragraph (2), Article 26 of the maternal and child health Act, Article 23 of the Judo healing practitioner Act, paragraph (2), Article 14 of the Act for maintenance of sanitation in buildings, Article 24 of the waste disposal Act, paragraph (3), and a re-examination claim based on the provision of the Article 41 of the Poultry Slaughtering Business Control and Poultry Meat Inspection Act or the provision of the Article 65 of the New Infectious Diseases Control Act shall remain then in force.
(Transitional Measures Concerning What Minister of Health, Labour, and Welfare or a Governor Ordered to Suspend Undertaking and Other Dispositions)
Article 75 It shall be considered that the orders to suspend the undertakings and other dispositions implemented by the Minister of Health, Labour, and Welfare or a governor or a local public organization pursuant to the provisions of paragraph (4), Article 46 or paragraph (1) or (3), Article 59 of the child welfare Act, paragraph (1), Article 8 of the Act concerning a massage finger practitioner, acupuncurit, moxibustion, etc. (including a case that is applied mutatis mutandis in paragraph (2), Article 12-2 in the same Act.), Article 22 or Article 23 of the sanitation Act, paragraph (2), Article 5 or paragraph (1), Article 25 of the medical service Act, paragraph (1), Article 18 of the poisonous and deleterious control Act (including a case that is applied mutatis mutandis in paragraph (4) or (5), Article 22 in the same Act), paragraph (1), Article 100 of the employees' pension insurance Act, paragraph (1), Article 29 of the waterworks Act, paragraph (1), Article 106 of the national pension Act, paragraph (1), Article 69 or Article 72 of the pharmaceutical affairs Act or paragraph (1), Article 18 of the judo healing practitioner Act before its revision pursuant to the provisions of this Act are individually the orders to suspend the undertakings and other dispositions implemented by the Minister of Health, Labour, and Welfare or a governor or a local public organization pursuant to the provisions of paragraph (4), Article 46 or paragraph (1) or (3), Article 59 of the child welfare Act, paragraph (1), Article 8 of the Act concerning a massage finger practitioner, acupuncurit, moxibustion, etc. (including a case that is applied mutatis mutandis in paragraph (2), Article 12-2 in the same Act.), Article 22 or Article 23 of the sanitation Act, paragraph (2), Article 5 or paragraph (1), Article 25 of the medical service Act, paragraph (1) or paragraph (2), Article 18 of the poisonous and deleterious control Act (including a case that is applied mutatis mutandis in paragraph (4) or (5), Article 22 in the same Act), paragraph (1), Article 100 of the employees' pension insurance Act, paragraph (1) or paragraph (2), Article 29 of the waterworks Act, paragraph (1), Article 106 of the national pension Act, paragraph (1), or paragraph (2), Article 69, paragraph (2), Article 72 of the pharmaceutical affairs Act or paragraph (1), Article 18 of the judo healing practitioner Act after its revision pursuant to the provisions of this Act.
(Affairs of the State, etc.)
Article 159 Before this Act comes into force, a local public agency administers by Acts or a cabinet order based on this or the State executes the affairs of a local public body or other public body ("the affairs of the State, etc." are referred to in Article 161 of Supplementary Provisions.) shall be processed by a local public body by Acts or a cabinet order or based on this as the affairs of the said local public body after this Act comes into force, in addition to what are provided for under each Act before its revision.
(Transitional Measures Concerning Dispositions, Applications, etc.)
Article 160 (1) Before this Act (the said each provision is each provision as listed in each item in Article 1 of Supplementary Provisions. Hereinafter the same is in this Article and Article 163 of Supplementary Provisions.) comes into force, the dispositions such as authorizations and other conducts are currently implemented pursuant to each Act before its revision (hereinafter "conducts such as dispositions" are referred to in this Article.), on the date on which this Act comes into force, with regard to what a person who should process the administrative affairs pertaining to these conducts is different, excluding the provisions from Article 2 to the preceding Article of Supplementary Provisions and what are provided for in the provision concerning the transitional measures of each Act (including orders based on this.), it shall be considered that the applications of each Act after its revision after this Act comes into force are conducts such as dispositions or applications pursuant to an equivalent provision of an Act.
(2) Before this Act comes into force, the matters whose procedures such as report, notification, submission and others shall be filed with the State or a local public organization pursuant to the provisions of each Act before its revision are not still filed with each authority before this Act comes into force, it shall be considered that the matters whose procedures such as report, notification, subsmission and others are to be filed with these equivalent organizarions, each proceure shall be filed pursuant to the provisions of each Act after its revision.
(Transitional Measures Concerning Appeal)
Article 161 (1) As for a disposition pertaining to the affairs of the State, etc. implemented before the date of the enforcement, an appeal against the said disposition implemented by the administrative agency (hereinafter the "administrative agency ordering the disposition" is referred to in this Article.) having a higher administrative agency (hereinafter the "higher administrative agency" is referred to in this Article.) provided for under the administrative appeal Act before the date of the enforcement pursuant to the same Act, it shall be considered that as the administrative agency has the higher administrative agency even after the date of the enforcement, the provision of the administrative appeal Act shall apply. In this case, the administrative agency that is regarded as the higher administrative agency of the said administrative agency ordering the disposition shall be the administrative agency that was the higher administrative agency of the said administrative agency ordering the disposition.
(2) In case of the preceding paragraph, when the administrative agency regarded as the higher administrative agency is a local public body, the affairs the said agency shall process by pursuant to the administrative appeal Ac shall be No. 1 statutory entrusted function provided for in item (i), paragraph (9), Article 2 of the new local autonomy Act.
(Transitional Measures Concerning Commission)
Article 162 The commission that should have been paid pursuant to the provision of each Act (including orders based on this.) before its revision pursuant to this Act before the date of the enforcement then in force shall remain applicable in addition to what is otherwise provided for under this Act or a cabinet order based on this.
(Transitional Measures Concerning Punishment)
Article 163 The penal provisions then in force shall remain applicable to the conducts committed before this Act comes into force.
(Other Transitional Measures Delegated to Cabinet Order)
Article 164 (1) The transitional measures (including the transitional measures concerning the punishment.) required accompanied by the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
(2) The matters required concerning the application of the provisions of Article 18, Article 51 and Article 184 of Supplementary Provisions shall be provided for under a cabinet order.
(Review)
Article 250 No. 1 statutory entrusted function provided for in item (i), paragraph (9), Article 2 of the new local autonomy Act shall not be established as least as possible and what is listed in attached table No. 1 of the new local autonomy and what is shown in a cabinet order based on the new local autonomy shall be timely and adequately reviewed by reviewing the new Act in light of the promotion of the decentralization.
Article 251 The national government shall review the policy and measures for sufficing and securing the local financial resources in response to the role-sharing of the State and the local governments while considering the economic conditions and trends, etc. so as to allow the local public bodies to independently and individually execute the affairs and business and undertakings, then shall take necessary measures based on the results.
Article 252 The national government shall review the system processing the affairs of the social insurance accompanied by the medical treatment insurance system and the innovation of the national pension system, etc. and how the officials engaged in the business, etc. in light of securing the convenience of the insured, etc. and the high-efficiency of the clerical processing, etc. then shall take necessary measures, if finding it appropriate to implement them.
Supplementary Provisions [Act No. 151 of December 8, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of April 1, 2000.
Article 4 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]
(Effective Date)
Article 1 This Act (excluding Article 2 and Article 3.) shall come into force as of January 6, 2001.
Supplementary Provisions [Act No. 126 of November 27, 2000] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding five months from the date of promulgation.
(Transitional Measures Concerning Punishment)
Article 2 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 87 of June 29, 2001] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one month from the date of promulgation.
(Review)
Article 2 The national government shall review how the disqualification should be pertaining to the disabled in each Act after its revision pursuant to this Act while considering the conditions of the enforcement of the provisions concerning the said disqualification, and then shall take necessary measures as the target of five years after this Act comes into force.
(Transitional Measures Pertaining to Re-license)
Article 3 When the said disqualification pertaining to a person whose license is cancelled due to the disqualification of the license provided for under each Act before its revision pursuant to this Act is equivalent to the disqualification (hereinafter the "the disqualification that may grant a re-license" is referred to in this Article.), the person whose license shall be considered to be cancelled by the disqualification of the license that grants a re-license, the provision concerning a re-license of each Act after its revision pursuant to this Act shall be applied to this case.
(Transitional Measures Pertaining to Punishment)
Article 4 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act come into force.
Supplementary Provisions [Act No. 87 of July 31, 2002] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three years since the date of promulgation. However, the provisions as listed in each item shall come into force as of the date provided for in the said each item.
(ii) The provisions of paragraph (2), Article 2, Article 5, Article 17, Article 27 and Article 30 to Article 32 of Supplementary Provisions: the date of promulgation
(Effect of Dispositions, etc.)
Article 30 The dispositions, the other conducts such as procedures implemented pursuant to the provisions of each Act (including orders based on this. Hereinafter the same is in this Article.) before its revision before this Act (the said provision is the provisions as listed in each item in Article 1 of Supplementary Provisions) comes into force, it shall be considered that each Act after its revision having an equivalent provision is exercised by the equivalent provisions of each Act after its revision, except for having otherwise in this Supplementary Provisions.
(Transitional Measures Concerning Punishment)
Article 31 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act (the said provision is the provisions as listed in each item in Article 1 of Supplementary Provisions.) comes into force and to the violative conducts committed after this Act comes into force in case before this Act comes into force before its revision of each Act.
(Delegation to Cabinet Order)
Article 32 The transitional measures required accompanied by the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
Supplementary Provisions [Act No. 73 of June 11, 2013] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three months from the date of promulgation. However, the provision of Article 2 and the revised provision of the paragraph of the pharmaceutical affairs Act (Act No. 145 of 1960) of Attached Table No. 1 of the local autonomy Act (Act No. 67 of 1947) in Article 6 of Supplementary Provisions, the provisions of Article 7, Article 9 and Article 10 of Supplementary Provisions and the revised provision of item (viii), paragraph (1), Article 24 of the food safety basic Act (Act No. 48 of 2003) in Article 11 of Supplementary Provisions and the revised provision of Article 4 of Supplementary Provisions to the same Act shall come into force as of the date provided for in item (i), Article 1 of Supplementary Provisions to the Act (Act No. 96 of 2002) that partially revises the pharmaceutical affairs Act and the Blood Donation Brokerage Control Act or the date of the enforcement of this Act which comes later, and the provision of Article 4 shall come into force as of the date on which one year has lapsed from the date of promulgation.
Supplementary Provisions [Act No. 150 of December 1, 2004] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of April 1, 2005.
(Transitional Measures Concerning Punishment)
Article 4 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act comes into force.
Supplementary Provisions [Act No. 25 of April 1, 2005] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of April 1, 2005.
(Other Transitional Measures Delegated to Cabinet Order)
Article 10 The transitional measures required accompanied by the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
Supplementary Provisions [Act No. 50 of May 25, 2005] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one year from the date of promulgations.
(Review)
Article 41 The national government shall review the conditions of the enforcement of this Act within five years from the date of the enforcement and take necessary measures based on the results, if finding it essential to rectify the conditions.
Supplementary Provisions [Act No. 69 of June 14, 2006] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three years from the date of promulgation. However, the provisions as listed in each item in the following shall come into force as of the date provided for in the said each item.
(i) The revised provision adding one Article next to Article 77-3 in Article 1 and the revised provision of paragraph (4), Article 80 and Article 19 to Article 21 of Supplementary Provisions and the provisions of Article 24 and Article 25: the date of promulgation
(ii) The revised provision adding Article 5 next to Article 36 in Article 1 (limiting to the part pertaining to Article 36-3.): April 1, 2007
(iii) The revised provision adding Article 5 next to Article 36 in Article 1 (limiting to the part pertaining to Article 46-4.) and the revised provision of paragraph (1), Article 83 (limiting to the part pertaining to Article 36-4.): The date provided for under a cabinet order within the scope not exceeding two years from the date of promulgation
(iv) The provisions of Article 2 and Article 22, Article 23, Article 26 and Article 30 of Supplementary Provisions: The date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation
Supplementary Provisions [Act No. 17 of May 17, 2013]
This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 44 of June 14, 2013] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date of promulgation.
(Transitional Measures Concerning Punishment)
Article 10 The penal provisions then in force shall remain applicable to the violative conducts committed before this Act (the said provision is the provision as listed in each item in Article 1 of Supplementary Provisions.) comes into force.
(Delegation to Cabinet Order)
Article 11 The transitional measures (the transitional measures concerning the punishment.) required concerning the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
Supplementary Provisions [Act No. 49 of June 19, 2013] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding three years from the date of promulgation.
Supplementary Provisions [Act No. 84 of November 27, 2013] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding one year from the date of promulgation. However, the provisions of Article 64, Article 66, and Article 102 of Supplementary Provisions shall come into force as of the date of promulgation.
(Effect of Dispositions, etc.)
Article 100 Before this Act comes into force, the dispositions, procedures, other conducts exercised pursuant to the provisions of each Act (including orders based on this. Hereinafter the same is in this Article.) before its revision, it shall be considered that the provisions of each Act after its revision have equivalent provisions pursuant to the equivalent provisions of each Act after its revision, except for otherwise in this Supplementary Provisions.
(Transitional Measures Concerning Punishment)
Article 101 The penal provisions then in force shall remain applicable to the violative conducts committed before and after this Act comes into force as a whole.
(Delegation to Cabinet Order)
Article 102 The transitional measures (including the transitional measures concerning the punishment.) required accompanied by the enforcement of this Act shall be provided for under a cabinet order in addition to what are provided for under this Supplementary Provisions.
Supplementary Provisions [Act No. 103 of December 13, 2003] [Extract]
(Effective Dare)
Article 1 This Act shall come into force as of the date provided for under a cabinet order within the scope not exceeding six months from the date of promulgation.
Supplementary Provisions [Act No. 122 of November 27, 2014] [Extract]
(Effective Date)
Article 1 This Act shall come into force as of the date on which 20 days have lapsed since the date of promulgation.
Attached Sheet No.1 (Article 2 related) Attached Sheet No.1 (Article 2 related)
(i) 3-acetoxy-6-dimethylamino-4,4-diphenylpeptane (alias: acethylmetadol) and its salts.
(ii) α-3-acetoxy-6-dimethylamino-4,4-diphenylpeptane (alias: α―acethylmetadol) and its salts.
(iii) β-3-acetoxy-6-dimethylamino-4,4-diphenylheptane (alias: β-acethylmetadol)
(iv) α―3-acetoxy-6-methylamino-4.4-diphenylheptane (alias: Noracymethadole) and its salts.
(v) 1-[2-(4-aminophenyl)ethyl]-4-phenylpiperidine-4-carboxylic acid ethyl ester (alias: anileridine) and its salts.
(vi) N-allyl normorhine (alias: nalorphine), its ester and their salts.
(vii) 3-allyl-methyl-4-phenyl-4-(propionyloxy) piperidine (alias: allylprodine) and its salts.
(viii) ecgonine and its sats.
(ix) 3-(N-ethyl-N-methylamino)-1-1-di-(2-thienyl)-1-buten (alias: ethylmethyl thyenbuten) and its salts.
(x) α―3-ethyl-1-methyl-4-pheyl-4-(propionyloxy) piperidine (alias: α-meprodine) and its salts.
(xi) β―3-ethyl-1-methyl-4-phenyl-4-(propionyloxy) piperidine (alias: β-meprodine) and its salts.
(xii) 2-(4-chlorobenzyl)-1-(diethylamino)ethyl-5-nitrobenzimidazole (alias: clonitazene) and its salts.
(xiii) cocaine, other ester of ecgonine and its salts.
(xiv) coca leaf
(xv) codeine, ethylmorphine and other morphine ester and its salts.
(xvi) diacethylmorphine (alias: heroin) other ester of morphine and its salts.
(xvii) 1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic acid ethylester (alias: diphenoxylate) and its salts.
(xviii) 4-cyano-2-dimethylamino-4,4-diphenylbutane (alias: methadone intermediate) and its salts.
(xix) 4-cyano-1-methyl-4-phenylpiperidine (alias: pethidine intermediate A) and its salts.
(xx) 1-(diethylamino)ethyl-2-(4-etoxybenzyl)-5-nitrobenzimidazol (alias: etonitazene) and its salts.
(xxi) 3-diethylamino-1,1-di-(2-thienyl)-1-puten (alias: diethylthieneputen) and its salts.
(xxii) dihydrocodeinone (alias: hydrocodone). its ester and their salts.
(xxiii) dihydrocodein, its ester and their salts.
(xxiv) dihydrodeoxy-morphine (alias: desomorphine), its ester and these salts.
(xxv) dihydrohydroxy-codeinone (alias: oxycodone), its ester and these salts.
(xxvi) dihydrohydroxy-morphinone (alias: oxyxmorphine) and its salts.
(xxvii) dihydromorphine, its ester and these salts.
(xviii) dihydromorphinone (alias: hydromorphine), its ester and these salts.
(xxix) 4, 4-diphenyl-6-biperdino-3-heputanone (alias dipipanone) and its salts.
(xxx) (2-dimethylamino)ethyl-1-etoxy-1,1-diphenylacetate (alias: dimenoxadol) and its salts.
(xxxi) 3-dimethylamino-1,1-di-(2-thienyl)-1-buten (alias: dimethylthiambutene) and its salts
(xxxii) 6-dimethylamino-4,4-diphenyl-3-hexanone (alias: normesadone) and its salts.
(xxxiii) 6-dimethylamino-4,4- diphenyl-3-heptanol (alias: dimepheptanol) and its salts.
(xxxiv) α―6-dimethylamino-4,4-diphenyl—3-heptanol (alias: α methadol) and its salts.
(xxxv) β―6-dimethylamino-4,4-diphenyl-3-heptanol (alias: β-methadol) and its salts.
(xxxvi) 6-dimethylamino-4,4-diphynel-3-heptane (alias: methodone) and its salts.
(xxxvii) 4-dimethylamino-3-methyl-1,2-diphynel-2-(propionyloxy) butan (alias: propoxyphine) and its salts.
(xxxviii) 6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone (alias: isomethadone) and its salts.
(xxxix) 1,3-dimethyl- 4-phenyl-4-(propionyloxy)azacycloheputane (alias: proheptazine) and its salts.
(xxxx) α-1,3-dimethyl-4-phenyl-4-(propionyloxy)piperidine (alias: α prodine) and its salts.
(xxxxi) β-1,3-dimethyl-4-phenyl-4-(propionyloxy)piperidine (alias: β-prodine) and its salts.
(xxxxii) thebaine and its salts.
(xxxxiii) 1,2,5-trimethyl-4-phenyl-4-(propionyloxy)piperidine (alias:trimeperidine) and its salts.
(xxxxiv) 6-nicotinylcodein (alias: nicocodine) and its salts.
(xxxxv) normorphine (alsa: methylmorphine), its ester and these salts.
(xxxxvi) 1-[2-(2-hydroxyetoxy)ethyl]-4-phenylpiperidine-4-crboxylic acid ethylester (alias: etoxyeridine) and its salts.
(xxxxvii) 14-hydroxydihydromorphine (alias: hydromorphinol) and its salts.
(xxxxviii) 3-hydroxy-N-phenacylmorphinan (excluding dextrorotatory one.) and its salts.
(xxxxix) 1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-carboxylic acid ethylester (alias: phenoperidine) and its salts.
(xxxxx) 4-(3-hydroxyphenyl)-1-methyl-4-piperidineethylketone (alias: ketobemidone) and its salts.
(xxxxxi) 4-(3-hydroxyphenyl)-1-methylpiperidine-4-carboxylic acid ethylester (alias: hydroxypethidine) and its salts.
(xxxxxii) 3-hydroxy-N-phenetylmorphinan (alias: phenomorphan) and its salts.
(xxxxxiii) 3-hydroxy-N-methylmorphinan (excluding dextrorotatory one.) and its salts.
(xxxxxiv) 3-hydroxymorphinan (excluding dextrorotatory one.) and its salts.
(xxxxxv) 4-phenyl-1-[2-(trtrahydrofurfryloxy)ethyl]piperidine-4-crboxylic acid ethyl ester (alias: furethidine) and its salts.
(xxxxxvi) 4-penylpiperidine-4-carboxylic acid ethyl ester (alias: pethidine intermediate B) and its salts.
(xxxxxvii) 4-pheyl-1-(3-pheminoaminopropyl)piperidine-4-carboxylic acid ethyl ester (alias: piminodine) and its salts.
(xxxxxviii) 1,2,3,4,5,6-hexahydro-8-hydroxy-6,11-dimethyl-3-phenetyl-2,6-methano-3-benzazocine (alias: phenazocine) and its salts.
(xxxxxix) 1,2,3,4,5,6-hexahydro-8-hydroxy-3,6,11-trimetyl-2,6-methano-3-penzazocine (alias: metazocine) and its salts.
(xxxxxx) 1-[2-(benzyloxy)ethyl]-4-phenylpiperidine-4-carboxylix acid ethyl ester (alias: benzethidine) and its salts.
(xxxxxxi) 6-methyldihydromorphine (alias: methyldihydromorphine) and its salts.
(xxxxxxii) methyldihydromorphinone (alias: metopon), its ester and these salts
(xxxxxxiii) 6-methyl -⊿6-dioxymorhine (alias: metyldesorphine) and its salts.
(xxxxxxiv) N-(1-methyl-2—2-piperidinoethyl)propyonanilide (alias: phenanpromid) and its salts
(xxxxxxv) 1-methyl-4-phenylpiperidine-4-carboxylic acid ester and its salts.
(xxxxxxvi) N-[2-(methylphenetylamino)propyl]propyonanilide (alias: diampromide) and its salts
(xxxxxxvii) [(3-methyl-4-morpholino-2,2-diphyneyl)putyryl]piroridine and its salts
(xxxxxxviii) 3-methyl-4-morpholino-2,2-diphenyl butyrate (alias: moramido intermediate) and its salts.
(xxxxxxix) 3-methoxy-N-methylmorphinan (excluding dextrorotatory one.) and its salts.
(xxxxxxx) morphine and its salts.
(xxxxxxxi) morphine-N-oxydo and other pentavalent nitrogen morphine and its derivative
(xxxxxxxii) 1-(2-morpholinoethyl)-4-phenylpiperidine-4-caboxylic acid ethyl ester (alias: morphlidine) and its salts.
(xxxxxxxiii) 6-morpholino-4,4-diphenyl -3-heptanon (alias: phenadoxone) and its salts.
(xxxxxxxiv) 4-morphlino-2,2-dipyenyl buturate ethyl ester (alias: dioxaphetyl putyrate) and its salts.
(xxxxxxxv) There is a fear that the same kinds of abuses as the articles as listed in each item in the preceding item and are of harmful articles of the same kinds provided for under a cabinet order.
(xxxxxxxvi) It contains any of each item in the preceding each item, articles other than opium. However, the articles as listed in the following shall be excluded.
(a) Codeine, dihydrocodeine of less than ten thousands or it contains these salts, those does not contains the articles as listed in the preceding each item other than these.
(a) Plants other than narcotics raw materials plants (including a part of the thing.)
Attached table No. 2 (Article 2 related) Attached table No. 2 (Article 2 related)
(i) erythroxylon.coca.rum (Japanese name: koka)
(ii) erythroxylon. , heiron
(iii) Papaver, bracteatum, lindl (apanese name: hakamaonigeshi)
(iv) Other plants provided for under a cabinet order.
Attached Table No. 3 (Article 2 related) Attached Table No. 3 (Article 2 related)
(i) 5-ethyl-5-phenylbarbiric acid (alias: phenobarbital) and its salts
(ii) 5-ethyl-5-(1-methyl butyl) barbituric acid (alia: vento barbital) and its salts.
(iii) 7-chloro-1,3-dihydro-1-methyl-5-phenyl-2H-1,4-benzodiazepine-2-on (alias: diazepam) and its salts.
(iv) 10-chloro-2,3,7,10-b-tetrahydro-2-methyl-10-b-phenyloxazolo[3,2-d][1,4]benzodiazebin-6(5H)-on (alias: oxazolam) and its salts.
(v) 5-2(2-chlorophenyl)-7-ethyl-1,3-dihydro-1-methyl-2H-thieno-[2,3,-e]-1,4-diazepin-2-on (alias: clotiazepam) and its salts.
(vi) 7-chloro-2-methylamino-5-phenyl-3H-1,4-benzodiazebin-4-oxydo (alias: chlorodiazepoxydo) and its salts.
(vii) 5,5-diethylbarbituric acid (alias: barbital) and its salts.
(viii) 1,-3-dihydro-7-nitro-5-phenyl-2H-1,4-benzodiazebin-2-on (alias: nitrazepam) and its salts.
(ix) 2-phenyl-2-(2-piperidyl) acetic acid methyl ester (alias: methylphenidate) and its salts.
(x) 1,2,3,4,5,6-hexahydro-6,11,-dimethyl-3-(3-methyl-2-butenyl)-2,6-methano-3-benzazocine) and its salts (alias: pentazocine) and its salts.
(xi) There is a fear that the same kinds of abuses as the articles as listed in each item in the preceding item and are of harmful articles of the same kinds provided for under a cabinet order.
(xii) The articles containing any of each item as listed in the preceding each item.
Attached Table (Article 2 related) Attached Table (Article 2 related)
(i) Acetone
(ii) anthranilic acid and its salts.
(iii) ethyl ether
(iv) ergotamines and its salts.
(v) ergometrin and its salts.
(vi) piperidine and its salts.
(vii) acetic anhydride
(viii) lysergic acid and its salts.
(ix) An article which becomes a narcotics and psychotropics raw material provided for under a cabinet order in addition to what are provided for in the preceding each item.
(x) An article which contains any of each item as listed in the preceding each item.