People's Republic Of China Drug Law

Original Language Title: 中华人民共和国禁毒法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
People's Republic of China 79th President of the People's Republic of China narcotics control law by the People's Republic of China of deputies of the 31st meeting of the Standing Committee, adopted on December 29, 2007, are hereby promulgated and, as of June 1, 2008. People's Republic of China President Hu Jintao December 29, 2007 People's Republic of China drug law (December 29, 2007 Deputies adopted by the 31st session of the Standing Committee) contents chapter I General provisions chapter II anti-drug publicity education chapter the fourth chapter of drug control measures fifth international drug control cooperation the sixth chapter legal liability first chapter of the seventh chapter by-laws
    Article I General provisions in order to prevent and punish acts of drug-related crimes, protect citizens ' physical and mental health, maintain social order, this law is enacted.
    Article drugs in this law refers to opium, heroin, methamphetamine (Crystal Meth), morphine, cannabis, and cocaine, as well as other controls set by the State enables man to addictive narcotic and psychotropic drugs.
    According to the needs of medical treatment, teaching, scientific research, law, production, distribution, use, storage and transport of narcotic drugs and psychotropic substances. Third drug is the common responsibility of the whole society.
    State organs, public organizations, enterprises, institutions and other organizations and citizens shall, in accordance with the provisions of this law and other relevant laws, carry out anti-drug duties or obligations.
    Article fourth anti-drug prevention, comprehensive, ban, ban, ban selling, producing vacuum a two pronged approach.
    Government leadership of the fight against narcotics, the relevant departments responsible, broad participation in the work of the Community mechanism.
    Fifth State Council the establishment of the National Narcotics Control Commission, responsible for organizing, coordinating, guiding the country's anti-drug efforts.
    The needs of the local people's Governments at or above the county level in accordance with the anti-drug, you can set up Committee to combat drugs, responsible for organizing, coordinating, directing the anti-drug work in the administrative area.
    Sixth people's Government at or above the county level shall anti-drug efforts should be incorporated into the national economic and social development plan, and anti-drug funds are included in the financial budgets.
    Seventh State encourages social donations on anti-drug work, and shall be subject to tax.
    Article eighth State encourages drug research, science and technology, and promotion of advanced law enforcement techniques, equipment and rehabilitation methods. Nineth State encourages citizens to report drug-related crime.
    People's Governments at all levels and relevant departments to protect whistle-blowers, concerning reporting of active personnel, as well as units and individuals who have made outstanding contributions in the fight against narcotics, recognition and rewards. Tenth State encourages volunteer participation in drug education and drug treatment and community service work.
Local people's Governments at all levels should guide, training for volunteers, and provide necessary working conditions.
    Chapter 11th State takes various forms of anti-drug education nationwide anti-drug publicity and education, popularize the knowledge of drug prevention, enhancing citizens ' anti-drug awareness, enhance the capacity of citizens to resist drugs.
    National anti-drug publicity activities of citizens and organizations are encouraged to undertake pro bono.
    12th people's Governments at various levels should often organize various forms of anti-drug education.
    Trade unions, the Communist Youth League, women's federations should be combined with the characteristics of their respective objects, organized anti-drug publicity and education. 13th the administrative departments of education, school anti-drug knowledge should be incorporated into education, content, anti-drug education to students.
    Departments of public security, justice administration and public health Administrative Department shall provide assistance.
    14th news, publishing, culture, radio, film and television authorities shall be targeted to anti-drug publicity and education oriented society.
    15th at the airport, railway station, bus station, wharf and the operators and managers of hotels, casinos and other public places, in charge of the place of anti-drug education, implementation of drug prevention measures to prevent drug-related crimes occurring in this place.
    16th State organs, social organizations, enterprises, institutions and other organizations, should strengthen the anti-drug publicity and education of personnel of the unit.
    Article 17th neighbourhood or village Committee should assist Governments and public security organs and other departments to strengthen anti-drug education, implementation of drug prevention measures.
Article 18th minors ' parents or other guardians of minors should be dangers of drug education to prevent drug ingestion or injection drugs or other illegal and criminal activities. 19th State Chapter drug control to control narcotic drug plants cultivation. Prohibition of the illicit cultivation of the opium poppy, the coca bush, the cannabis plant, as well as national provisions can be used in refining drugs of other plants.
    Prohibition of smuggling or illegally trading, transporting, carrying, possession narcotic plant seeds or seedlings that are not inactivated. Local people's Governments at all levels find the illicit cultivation of narcotic crops, should take immediate measures to stop it, eliminate it.
    Villagers ' committees and residents ' Committee discovered the illicit cultivation of narcotic crops should be stopped in time, eradication, and reported to the local public security organs.
    20th State enterprises cultivating original medical plants of narcotic drugs determined, in accordance with the relevant provisions of the State medicinal plant cultivation of narcotic.
    Countries identified narcotic enterprises cultivating original medical plants used places of extraction and processing, and storage of narcotic drugs established, listed as national key security goals.
    Without a license, trespassing on State Narcotics enterprises cultivating original medical plants extract processing sites or storage of narcotic drugs set up by the State, such as the warning area, by vigilance personnel ordered to immediately leave the who refuses to leave and forcibly taken away from the scene.
    Article 21st States for control of narcotic and psychotropic drugs, narcotic and psychotropic drugs in experimental research, production, distribution, use, storage, transportation, licensing and inspection systems.
    Country of precursor chemicals production, management, purchasing, transportation through a licensing system.
    Against the illicit production, sale, transport, storage, provision, possession, and use of narcotic drugs, psychotropic substances and precursor chemicals. 22nd State of narcotic drugs, psychotropic substances and precursor chemicals imports and exports through a licensing system. Responsibilities of relevant departments under the State Council shall, in accordance with the regulations, import, export of narcotic drugs, psychotropic substances and precursor chemicals are managed according to law.
    Against the smuggling of narcotic drugs, psychotropic substances and precursor chemicals.
    Article 23rd of narcotic drugs, psychotropic substances and precursor chemicals were stolen, robbed, lost or other diversion into illicit channels that the flat shall immediately take the necessary control measures and immediately reported to the police and report to the relevant authorities in accordance with provisions. After the police received a report, or have evidence of narcotic drugs, psychotropic substances and precursor chemicals into illicit channels, should be investigated in a timely manner, and can take the necessary control measures.
    Pharmaceutical supervisory and Administrative Department, Administrative Department of public health and other relevant departments should cooperate with public security organs carry out the work. 24th prohibits the illicit transfer of narcotic drugs, psychotropic substances and precursor chemicals manufacturing methods.
    Public security organs receiving the report or illegal transfer of narcotic drugs, psychotropic substances and precursor chemicals manufacturing methods, it shall promptly investigate and punish.
    Article 25th of narcotic drugs, psychotropic substances and precursor chemicals management approach, stipulated by the State Council.
    26th public security organs according to the investigation of drug needs in border areas, roads, ports and airports, railway stations, bus stations, Terminal personnel, goods, goods and vehicles checked for drugs and precursor chemicals, civil aviation, railways, transportation departments should cooperate.
    The Customs shall strengthen the import and export Bank of personnel, goods, inspection of goods and means of transport to prevent the smuggling of drugs and precursor chemicals.
    Postal enterprises shall strengthen inspection of mail, preventing drug precursor chemicals and illicit mail mailing.
    27th entertainment inspection system should be established, drugs were found in places of illegal and criminal activities, should be reported immediately to the police.
    Article 28th of the drugs seized by law, drug ingestion or injection equipment, proceeds of drug-related crime and its benefits, as well as directly for the implementation of all of the criminal acts of the illegal drugs, equipment, funds, should be collected, in accordance with the regulations. 29th money laundering administrative authorities shall strengthen the monitoring of suspected drug funds.
    Anti-money laundering administrative departments and others legally responsible for supervision and administration of anti-money laundering departments, agencies financial flows suspected drug offences shall be promptly reported to the investigating authorities, and with investigation and make investigations, investigations.
30th State shall establish and improve drug monitoring and drug information systems, drug monitoring and drug information collection, analysis, use, and Exchange work.
    Fourth chapter detoxification measures article 31st State to take various measures to help drug addicts quit drug addiction, education and saving addicts.
    Drug addicts drug treatment should be carried out.
    Measures of drug addiction, by the health Administrative Department under the State Council, the drug regulatory Department and the public security department.
    Article 32nd police personnel to carry out the necessary testing of suspected drug users, inspection personnel shall cooperate; on detection of rejects, head of the local Office of the people's Governments above the county-level public security organ or the approval, you can force detection.
    Public security organs should the registration of drug addicts. Article 33rd for drug addicts, the public security organs may order the community drug treatment, and inform addicts domicile or place of residence urban neighborhood offices, Township people's Government.
    Community drug treatment for a period of three years. Domicile community rehabilitation of drug users; now living outside the domicile to domicile, residence community drug rehabilitation.

    Article 34th urban neighborhood offices, Township people's Government is responsible for the community drug treatment. Urban neighborhood offices, Township people's Government may specify the relevant organizations, according to drug addicts and families, community drug rehabilitation agreement with the addicts, implementing targeted community rehabilitation measures.
    Public security organs and the administration of Justice, health administration, civil affairs departments should provide advice and assistance to community drug treatment.
    Urban neighborhood offices, Township people's Government, as well as administrative departments of people's Governments at the county level labor employment and lack of employment ability of detoxification, should provide the necessary professional skills training, career guidance and job placement assistance.
    35th community drug addicts should abide by laws and regulations, conscientiously to fulfil Community drug treatment protocol, and in accordance with the requirements of public security organs, being tested on a regular basis.
    Addicts for violation of community drug treatment protocols and staff involved in community drug treatment should be criticized and educated; for serious violations of community drug treatment protocol or during community drug rehabilitation and drug ingestion or injection shall be promptly reported to the public security organs.
    Article 36th can have qualified for drug treatment drug users undergoing treatment in medical institutions. Setting drug medical institutions or medical institutions engaged in the business of drug treatment, shall comply with the conditions prescribed by the health Administrative Department under the State Council, reported to the local governments of provinces, autonomous regions and municipalities directly under the approval of the Administrative Department of public health, and the public security organs at the same level for the record.
    Drug treatment should be adherence to drug treatment norms formulated by the health administrative departments under the State Council, and accept supervision by the Administrative Department of health checks. Drug treatment may not for profit-making purposes. Treatment must not advertise the pharmaceuticals, medical devices and treatments.
    Treatment charges, should be in accordance with the provinces, autonomous regions and municipalities price established by the competent authorities and the Administrative Department of public health standard.
    37th medical institutions according to the needs of drug treatment, addicts undergoing treatment can be carried out bodies and belongings of the checks to personal danger during treatment, you can take the necessary temporary restrictive measures.
    Found while undergoing treatment and rehabilitation in the treatment of drug users to ingest or inject drugs, the medical institution shall promptly report to the public security organs.
    Article 38th of drug addicts following circumstances, compulsory isolation rehabilitation by the people's Governments above the county-level public security organ's decision: (a) refuse to accept Community drug treatment, (ii) in the community during the drug ingestion or injection drugs; (c) serious violations of community drug rehabilitation agreement; (iv) community drug rehabilitation, compulsory isolation rehabilitation again after drug ingestion or injection.
    For serious drug addiction through community rehabilitation personnel to addiction, public security authorities may directly make compulsory isolation rehabilitation decisions.
    Addicted to voluntarily accept the compulsory isolation rehabilitation, agreed by the public security organ to enter places of compulsory isolation rehabilitation treatment. 39th pregnant women or women who are nursing their own infants under one year of age addicted to not apply compulsory isolation rehabilitation.
    Minors under the age of 16 is a drug addict, you can not apply compulsory isolation rehabilitation.
    In accordance with the provisions of the preceding paragraph do not apply compulsory isolation rehabilitation of drug addicts, to community drug treatment in accordance with the provisions of this law, responsible for community drug treatment urban neighborhood offices, Township people's Governments strengthened help, education and supervision, urging the implementation of rehabilitation measures in the community.
    40th article police organ on drug addiction personnel decided be forced isolation drug of, should making forced isolation drug decided book, in implementation forced isolation drug Qian served was decided people, and in served Hou 24 hours within notification was decided people of family, and where units and household location police police station; was decided people not told real name, and address, identity unknown of, police organ should since identified its identity Hou notification.
    Was decided on compulsory isolation rehabilitation is dissatisfied with a decision made by public security organs, may apply for administrative reconsideration or bring an administrative suit.
    41st to be decided to be compulsory isolation rehabilitation personnel, sent by the public security organ to take decisions compulsory isolation rehabilitation place for execution.
    Places of compulsory isolation rehabilitation settings, management and funding, stipulated by the State Council.
    42nd when entering places of compulsory isolation rehabilitation treatment of drug users, shall be subject to inspections of their bodies and belongings.
    Article 43rd compulsory isolation rehabilitation sites should be based on detoxification, ingestion or injection of drugs, such as the type and degree of addiction, targeted the addicts physical, psychological treatment and physical rehabilitation. Under the need of compulsory isolation rehabilitation place can organize participation of drug users the necessary production and labor, vocational skills training for drug addicts.
    Organizations work in the production of drug users, shall pay the remuneration.
    44th compulsory isolation rehabilitation sites should be under the gender, age, illness, and so on, respectively, management of detoxification.
    Places of compulsory isolation rehabilitation for addicts with a serious disability or illness, should be given the necessary care and treatment for patients suffering from infectious diseases of drug addicts, it shall take the necessary isolation and treatment measures; to possible cases of self-harm, self-mutilation, drug addicts, and can take appropriate restrictive measures.
    Compulsory isolation rehabilitation site managers shall not corporal punishment, abuse or insult detoxification. 45th compulsory isolation rehabilitation places should be according to the needs of drug treatment practitioners.
    Places of compulsory isolation rehabilitation practitioners have narcotic and psychotropic drug prescription rights, in accordance with the relevant technical specification for drug addicts to use narcotic and psychotropic drugs.
    Health Administrative Department should strengthen the places of compulsory isolation rehabilitation practitioners of operational guidance and supervision and management. Article 46th detoxification unit or where the relatives and school staff, in accordance with the relevant provisions of visits to drug addicts.
    Approved by the places of compulsory isolation rehabilitation of drug users, you can go out to visit spouses and immediate family members. Compulsory isolation rehabilitation site managers for compulsory isolated drug rehabilitation places other than personnel to the drug addicts, goods and mail checks to prevent drug.
    When you check your mail, should protect the freedom and privacy of correspondence of drug users.
    47th compulsory isolation rehabilitation for a period of two years.
    One year after the implementation of compulsory isolation rehabilitation, diagnostic evaluation, drug addicts in good, compulsory isolation rehabilitation places can present views of the premature termination of compulsory isolation rehabilitation, compulsory isolation rehabilitation decision authority. Compulsory isolation rehabilitation before the expiry, the diagnostic assessment, the need for extension of drug addicts from compulsory isolated drug rehabilitation places the extension of drug addicts opinion, compulsory isolation rehabilitation decision authority.
    Compulsory isolation rehabilitation period can be extended to at most one year.
    48th for personnel lifting of compulsory isolation rehabilitation, compulsory isolation rehabilitation authorities ordered to accept no more than a three-year community rehabilitation.
    The provisions of this law on community drug rehabilitation community rehabilitation reference implementation.
    49th under the people's Governments at and above the county level shall work needed for launching the drug rehabilitation places; the non-profit drug rehabilitation places run by social forces according to law should be given support, provide necessary facilities and assistance. Drug addicts in drug rehabilitation places to live, work on a voluntary basis.
    Drug rehabilitation places organizations work in the production of drug users, shall be referred to the national labor system provides for the payment of labour remuneration.
    50th, judicial administrative departments of public security organs to detain, arrest, prison sentences as well as mandatory educational measures taken by law enforcement of drug users should be given the necessary treatment.
    51st health administrative departments of provinces, autonomous regions, and municipalities together with public security authorities, pharmaceutical supervision and management departments in accordance with the relevant provisions of the State, according to the outcome of the consolidation of drug needs and administrative areas of the AIDS epidemic, you can organize treatment methadone maintenance treatment. 52nd addicts in schooling, employment, social security and so on, without discrimination.
Departments, organization and personnel should be in school, employment, social security, give necessary guidance and help to drug addicts.
    Fifth chapter of international drug control cooperation 53rd People's Republic of China in accordance with concluded or acceded to an international treaty or in accordance with the principle of reciprocity and international drug control cooperation.
    54th National Narcotics Control Commission, according to the State Department authorization, is responsible for the Organization of international drug control cooperation, meet its international anti-drug obligations under the Convention.
    55th involved be investigated for drug crimes judicial assistance shall be handled by the judicial authorities in accordance with the relevant laws.
    56th relevant departments under the State Council shall, in accordance with their respective responsibilities, to strengthen relevant national or regional law enforcement agencies and international anti-drug information exchange, carry out cooperation in drug law enforcement.
    Approved by the public security department under the State Council and people's Governments above the county-level public security organs in the border area with the national or regional law enforcement cooperation by law enforcement agencies.
    57th of uncovered drug cases through international drug control cooperation, People's Republic of China Government to share with countries concerned seized illicitly acquired, from illicitly acquired the benefits for drug crimes and the use of property or proceeds of property funds.
58th State Council relevant departments under the State Council empowered, through channels such as foreign aid, support of the countries concerned to implement alternative to narcotic crops cultivation, development of alternative industries. Sixth chapter legal responsibility 59th article has following behavior one of, constitute crime of, law held criminal; is not constitute crime of, law give security management punishment: (a) smuggling, and trafficking, and transport, and manufacturing drug of; (ii) illegal holds drug of; (three) illegal planting drug original plant of; (four) illegal sale, and transport, and carry, and holds without out live of drug original plant seed or seedlings of; (five) illegal taught anesthesia drug, and spirit drug or easy business HIV chemicals manufacturing method of; (six) forced , Lure, instigate, deceive others to ingest or inject narcotic drugs; (VII) provision of drugs to others.

    60th article has following behavior one of, constitute crime of, law held criminal; is not constitute crime of, law give security management punishment: (a) shield smuggling, and trafficking, and transport, and manufacturing drug of criminals, and for criminals harbouring, and transfer, and hide drug or crime proceeds property of; (ii) in police organ investigation drug illegal crime activities Shi for illegal crime behavior people tipped off of; (three) hinder law for drug check of; (four) hidden, and transfer, and sold or damaged judicial organ, and
    Administrative law-enforcement organs according to law the seizure, seizure, freezing the property of drug-related crimes.
    61st host other people introduce drugs or drug ingestion or injection, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the 10th above 15th following the detention by public security organs, may be fined a maximum of 3,000 yuan; minor, 5th detained or fined a maximum of 500 Yuan. 62nd to ingest or inject drugs, they shall be given administrative penalties for public security.
    Active drug users to public security authorities or qualified medical institution for treatment, not punishment.
    63rd article in anesthesia drug, and spirit drug of experiment research, and production, and business, and using, and store, and transport, and imports, and export and anesthesia drug medicinal original plant planting activities in the, violation national provides, led anesthesia drug, and spirit drug or anesthesia drug medicinal original plant into illegal channel, constitute crime of, law held criminal; is not constitute crime of, in accordance with about legal, and administrative regulations of provides give punishment.
    64th in the precursor chemicals in produce, operate, purchase, transport or import or export activities, in violation of State regulations, resulting in precursor chemicals into illicit channels, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalties shall be imposed in accordance with relevant laws and administrative regulations.
    65th entertainment and its practitioners to commit drug offences, or drug-related criminal acts committed for personnel entering the entertainment provided, constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalties shall be imposed in accordance with relevant laws and administrative regulations.
    Entertainment executives knowingly venues mob ingest or inject drugs or drug trafficking, not to report to the public security organs, in accordance with the preceding paragraph shall be punished.
    66th article without approval, arbitrarily engaged in drug treatment services, the Administrative Department of public health shall order to stop the illegal business activities, confiscation of illegal earnings and use of medicines, medical equipment and other goods constitutes a crime, criminal responsibility shall be investigated according to law.
    67th medical institutions found that treatment of addiction during the treatment of drug users to ingest or inject drugs, do not report to the public security organs, the health Administrative Department shall be ordered to correct serious and ordered closed.
    68th compulsory isolation rehabilitation establishments, medical institutions, doctors violate the use of narcotic drugs, psychotropic substances, constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the penalties shall be imposed in accordance with relevant laws and administrative regulations. 69th article police organ, and judicial administrative sector or other about competent sector of staff in drug work in the has following behavior one of, constitute crime of, law held criminal; is not constitute crime of, law give disposition: (a) shield, and condoned drug illegal crime personnel of; (ii) on drug personnel has corporal punishment, and abuse, and insult, behavior of; (three) misappropriated, and interception, and deduction drug funding of; (four) unauthorized disposition seized of drug and seized, and seized, and
    Freezing the property of drug-related crimes.
70th units and their staff in enrolment, employment, social security and other aspects of discrimination against drug users, the administrative departments of education and labor administrative departments shall order rectification losses caused to a party shall bear liability. The seventh chapter by-laws article 71st this law shall enter into force on June 1, 2008. Decision of the Standing Committee of the national people's Congress on drug prohibition repealed simultaneously.

Related Laws