Order of the President of the People’s Republic of China

No.79

The Anti-drug Law of the People’s Republic of China, adopted at the 31st Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on December 29, 2007, is hereby promulgated and shall go into effect as of June 1, 2008.

Hu Jintao

President of the People’s Republic of China

December 29, 2007

 

Anti-Drug Law of the People’s Republic of China

（adopted at the 31st Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2007）

 

Contents

Chapter I General Provisions

Chapter II Dissemination of and Education in the Need to Fight Against Drugs

Chapter III Drug Control

Chapter IV Measures for the Cure of Drug Addiction

Chapter V International Anti-drug Cooperation

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

 

Chapter I

General Provisions

Article 1 This Law is enacted for the purpose of preventing and punishing criminal offences related to narcotic drugs, protecting the health of citizens both in body and in mind and maintaining social order.

Article 2 For the purposes of this Law, narcotic drugs include opium, heroin, methylaniline (ice), morphine, marijuana, cocaine and other narcotic and psychotropic substances that are addictive and are kept under control according to State regulations.

To meet the need of medical treatment, teaching or research, narcotic or psychotropic substances may be manufactured, marked, used, stored or transported in accordance with law.

Article 3 Fighting against narcotic drugs is the duty of the entire society. Government departments, public organizations, enterprises, institutions and other organizations and citizens shall, in accordance with the provisions of this Law and the relevant laws, perform their duty or obligation of fighting against narcotic drugs.

Article 4 In the fight against narcotic drugs, the principles of putting prevention first while tackling the problem in a comprehensive manner, and imposing a simultaneous ban on cultivating and manufacturing of, trafficking in, and ingesting or injecting of narcotic drugs.

In the fight against narcotic drugs, a working mechanism shall be applied under which the government exercises unified leadership, with the relevant departments performing their respective responsibilities and all sectors of the society participating in the fight.

Article 5 The State Council shall establish a national anti-drug committee, which shall take charge of organizing, coordinating and giving guidance to the fight against narcotic drugs nationwide.

The local people’s governments at or above the county level may, in light of the need for the fight against narcotic drugs, establish anti-drug committees, which shall be responsible for organizing, coordinating and giving guidance to the fight against narcotic drugs in their own administrative areas.

Article 6 The people’s governments at or above the county level shall include the fight against narcotic drugs in their plans for national economic and social development, and include the funds for the fight in their budgets.

Article 7 The State encourages public donations for the fight against narcotic drugs and shall, in accordance with law, adopt preferential tax policies towards donors.

Article 8 The State encourages scientific and technological research in prohibition of narcotic drugs, and promotes the wide use of advanced technologies and equipment in the fight against drug trafficking and of the advanced methods for treatment of drug addiction.

Article 9 The State encourages citizens to report criminal offences related to narcotic drugs. People’s governments at all levels and the relevant departments shall protect the informants, commend or reward the reporting persons who have performed meritorious deeds and the units or individuals that have made outstanding contribution to the fight against narcotic drugs.

Article 10 The State encourages volunteers to participate in the dissemination of and education in the need to fight against narcotic drugs and to provide social services for treatment of drug addiction. The local people’s governments at all levels shall give guidance to the volunteers and conduct training among them, and provide them with the necessary working conditions.

 

Chapter II

Dissemination of and Education in the Need to Fight Against Drugs

Article 11 The State shall, through various forms and among all the people, carry out dissemination of and education in the need to fight against narcotic drugs, in order to popularize knowledge about the need to prevent drug addiction, enhance citizens’ awareness of the importance of the fight against narcotic drugs, and help raise citizens’ consciousness to resist narcotic drugs.

The State encourages citizens and organizations to carry out dissemination of the need to fight against narcotic drugs for the public good.

Article 12 People’s governments at all levels shall, in various forms, organize and carry out regular dissemination of and education in the need to fight against narcotic drugs.

Trade unions, Communist youth leagues and women’s federations shall, in light of the characteristics of the different groups of people they work among, organize efforts to carry out dissemination of and education in the need to fight against narcotic drugs.

Article 13 The administrative departments for education and schools shall include knowledge about the fight against narcotic drugs in education and teaching, to disseminate among the students knowledge about the need to fight against narcotic drugs. Public security organs, judicial administration departments and administrative departments for health shall provide assistance in this regard.

Article 14 The press, publishing, cultural, radio, film and television institutions and the relevant units shall, in light of their specific audience, carry out dissemination of and education in the need to fight against narcotic drugs.

Article 15 Operators and managers of such public places as airports, railway stations, long-distance bus stations, wharves, hotels and recreation centers shall be responsible for dissemination of and education in the need to fight against narcotic drugs in their own places and implement the measures against narcotic drugs, to prevent the criminal offences related to narcotic drugs in their own places.

Article 16 Government departments, public organizations, enterprises, institutions and other organizations shall step up dissemination of and education in the need to fight against narcotic drugs among their staff members.

Article 17 Residents’ committees and villagers’ committees shall assist the people’s governments, public security organs and other departments in their efforts to step up dissemination of and education in the need to fight against narcotic drugs and put into practice the measures against narcotic drugs.

Article 18 The parents or other guardians of minors shall educate the minors in the harm of narcotic drugs, and prevent them from ingesting or injecting narcotic drugs or committing any other criminal offences related to such drugs.

 

Chapter III

Drug Control

Article 19 The State exercises control over the cultivation of the mother plants of the narcotic drugs for medical use. Illegal cultivation of the plants of opium poppy, coca, marijuana and of other mother plants that may be used for refining or processing narcotic drugs and that are kept under control according to State regulations is prohibited. Smuggling, trafficking in, transporting, carrying or possessing of the seeds or seedlings of the mother plants of narcotic drugs which are not inactivated is prohibited.

Local people’s governments at all levels shall, once discovering the illegal cultivation of the mother plants of narcotic drugs, immediately take measures to stop it and to uproot the said plants. When villagers’ committees or residents’ committees discover the illegal cultivation of the mother plants of narcotic drugs, they shall stop it and uproot the said plants without delay, and report the matter to the local public security organs.

Article 20 Enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use shall do so according to relevant State regulations.

The premises for extracting or processing narcotic drugs of the enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use and the warehouses established by the State for storing narcotic drugs shall be included in the list of the key places for security.

Any person who, without permission, enters the security areas such as the premises for extracting or processing narcotic drugs of the enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use and the warehouses established by the State for storing narcotic drugs shall be ordered by the security people to leave the said areas immediately; if he refuses to do so, he shall be escorted out of the place by force.

Article 21 The State exercises control over narcotic and psychotropic substances by applying a license system and an inspection system to the experiment and research in the said substances, and to their manufacture, marketing, use, storage and transport.

The State applies a license system to the manufacture, marketing, purchase and transport of the chemical materials that can easily be transformed into narcotic drugs.

Illegal manufacture, trafficking, transport, storage, supply, possession or use of narcotic and psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs is prohibited.

Article 22 The State applies a license system to the import and export of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs. The relevant departments under the State Council shall, in compliance with their defined duties and in accordance with law, exercise control over the import and export of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs. Smuggling of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs is prohibited.

Article 23 Where narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs are stolen, robbed or lost, or flow into illegal channels in other manners, the unit concerned shall, without delay, take the necessary control measures and report the matter to the public security organ and, at the same time, to the relevant competent departments in accordance with regulations.

After receiving the aforesaid report, or where there is evidence to prove the possibility of the flow into illegal channels of narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs, the public security organ shall conduct investigation in a timely manner and may take the necessary control measures with respect to the unit concerned. The drug regulatory department, the administrative department for health and the relevant departments shall cooperate with the public security organ in its work.

Article 24 Illegal imparting of the methods for manufacturing narcotic or psychotropic substances or the chemical materials that can easily be transformed into such drugs is prohibited. The public security organ shall, upon receiving a report on or discovering such imparting, investigate and punish the violation in a timely manner according to law.

Article 25 The specific measures for control over narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs shall be formulated by the State Council.

Article 26 The public security organs may, in light of the need for investigating and suppressing narcotic drugs, inspect the incoming and outgoing persons, articles, goods and means of transportation at border areas, vital communication lines and ports and at airports, railway stations, long-distance bus stations and wharves to see whether there are narcotic drugs or the chemical materials that can easily be transformed into narcotic drugs. The civil aviation, railway and communications departments shall cooperate in this respect.

The customs shall, in accordance with law, closely inspect the persons, articles, goods and means of transportation that enter and leave the ports, in order to prevent the smuggling of narcotic drugs or the chemical materials that can easily be transformed into narcotic drugs.

Postal service enterprises shall, in accordance with law, closely inspect the mail, in order to prevent the mailing of narcotic drugs and the illegal mailing of chemical materials that can easily be transformed into narcotic drugs.

Article 27 A patrol system shall be set up for recreation centers, under which criminal offences related to narcotic drugs, once discovered, shall be reported to public security organs without delay.

Article 28 Narcotic drugs, instruments for ingesting or injecting narcotic drugs, unlawful gains earned through criminal offences related to narcotic drugs and the profits derived therefrom, and the instruments, equipment and funds owned by the offenders that are directly used for the said offences shall be confiscated, and be disposed of according to regulations.

Article 29 The administrative department in charge of anti-money laundering shall, in accordance with law, rigorously monitor the funds suspected of being used in drug-related offences. The said department and the other departments or authorities charged, in accordance with law, with the duty of supervising anti-money laundering shall, upon discovering the flow of funds that are suspected of being used in drug-related offences, report the matter to the investigation organs in a timely manner and cooperate with the latter in investigation.

Article 30 The State establishes a sound system for monitoring narcotic drugs and an information system for the fight against narcotic drugs, to monitor activities related to narcotic drugs and to collect, analyze, use and exchange the information related to the fight against such drugs.

 

Chapter IV

Measures for the Cure of Drug Addiction

Article 31 The State takes various measures to help drug users overcome drug addiction, and enlighten them and help them cure their addiction.

Drug addicts shall undergo treatment of drug addiction.

The measures for verifying drug addiction shall be formulated by the administrative department for health, the drug regulatory department and the public security department under the State Council.

Article 32 Public security organs may conduct the necessary test on persons suspected of using narcotic drugs, and the persons subjected to such test shall cooperate; a person who refuses to undergo the test may be subjected to compulsory test upon approval by the leading person of a public security organ under the people’s government at or above the county level or of the office dispatched by the public security organ.

Public security organs shall have the drug users registered.

Article 33 The public security organ may order a drug addict to receive treatment of drug addiction in the community, and shall, at the same time, notify the neighborhood office in the urban area or the township or town people’s government of the place where the residence of the drug addict is registered or he is actually residing. The period for treatment of drug addiction in the community shall be three years.

A person for treatment of drug addiction shall receive the same in the community where his residence is registered; if he has a permanent domicile at the place where he is actually residing other than at the place where his residence is registered, he may receive such treatment in the community at the place where he is actually residing.

Article 34 Neighborhood offices in urban areas and the township or town people’s governments shall be responsible for the work related to treatment of drug addiction in the communities. They may designate the relevant grass-roots organizations to sign agreements on treatment of drug addiction in the communities with the persons to receive such treatment there in light of the conditions of the said persons themselves and their families, and put into effect the measures for different individuals who receive such treatment in the communities. Public security organs and the judicial administration departments, the administrative departments for health, the departments of civil affairs, etc. shall provide guidance and assistance with respect to treatment of drug addiction in the communities.

Neighborhood offices in urban areas, the township and town people’s governments, and the administrative departments of labour under the people’s governments at the county level shall provide the necessary vocational training in skills, and employment guidance and aid to the persons receiving treatment of drug addiction who are jobless and are unable to find jobs.

Article 35 Persons receiving treatment of drug addiction in the community shall abide by laws and regulations, conscientiously fulfill the agreements on treatment of drug addiction in the community, and accept regular test as required by public security organs.

If a person receiving treatment of drug addiction in the community violates the agreement on such treatment, the workers participating in treatment of drug addiction in the community shall criticize and enlighten him; if such violation is serious, or the said person ingests or injects narcotic drugs again during the period of treatment of drug addiction in the community, the said workers shall report the matter to the public security organ in a timely manner.

Article 36 A drug user may by himself go to a medical institution that is qualified for medical treatment of drug addiction to receive treatment.

A medical institution to be set up for treatment of drug addiction or a medical institution to provide such treatment shall meet the prescribed requirements laid down by the administrative department for health under the State Council and shall be subject to approval by the administrative department for health under the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, and the matter shall be put on file by the public security organ at the same level. Medical treatment of drug addiction shall be provided in conformity with the standards for such treatment as are formulated by the administrative department for health under the State Council, and shall be subject to supervision and inspection by an administrative department for health.

Treatment of drug addiction shall not be provided for the purpose of making profits. Medicines, medical apparatus and instruments and methods used for treatment of drug addiction shall not be advertised. Where fees are charged for such treatment, they shall be collected in accordance with the rates fixed by the department in charge of pricing under the people’s government of the province, autonomous region or municipality directly under the Central Government in conjunction with the administrative department for health under the same.

Article 37 A medical institution may, in light of the need for treatment of drug addiction, inspect the person and the articles carried by him who is receiving such treatment; and may, during the period of treatment adopt the necessary temporary and restrictive measures to protect him against personal danger.

When the medical institution discovers that a person receiving treatment of drug addiction ingests or injects narcotic drugs during the period of treatment, it shall report the matter to the public security organ in a timely manner.

Article 38 When a drug addict does one of the following, the public security organ under the people’s government at or above the county level shall make a decision on his compulsory isolation for drug rehabilitation:

(1) refusing to receive treatment of drug addiction in the community;

(2) ingesting or injecting drugs during the period of treatment of drug addiction in the community;

(3) seriously violating the agreement on treatment of drug addiction in the community; or

(4) relapsing into ingesting or injecting drugs after treatment of drug addiction in the community or after compulsory isolation for drug rehabilitation.

With respect to a person who is seriously addicted to narcotic drugs and is difficult to be cured of such addiction through treatment in the community, the public security organ may directly make a decision on his compulsory isolation for drug rehabilitation.

A drug addict who is willing to receive compulsory isolation for drug rehabilitation may, with the consent of the public security organ, go to a compulsory isolation center for drug rehabilitation to receive treatment.

Article 39 If a female drug addict is pregnant or is breast-feeding her own baby that has not reached the age of one, compulsory isolation for drug rehabilitation shall not be applied to her. If the drug addict is a minor who has not reached the age of 16, he may be dispensed from such isolation.

With respect to the drug addict to whom compulsory isolation for drug rehabilitation is not applicable, as specified in the preceding paragraph, he or she shall undergo treatment of drug addiction in the community in accordance with the provisions of this Law, and the neighborhood office in an urban area and people’s government of a township or town that is responsible for such treatment in the community shall do more in helping, enlightening and supervising him or her and see to it that the measures for treatment of drug addiction in the community are put into effect.

Article 40 When the public security organ decides to enforce compulsory isolation on a drug addict for drug rehabilitation, it shall make a written decision on compulsory isolation for drug rehabilitation, and, before the enforcement of such isolation, serve it on the person against whom the decision is made, and it shall, within 24 hours after the decision is served, notify his family, the unit where he belongs and the police station at the place where his residence is registered; and if the person against whom the decision is made refuses to tell his true name and address, or his identity is unclear, the public security organ shall make the notification after the identity is found out.

If the person against whom the decision on compulsory isolation for drug rehabilitation is made by the public security organ is dissatisfied with the decision, he may, according to law, apply for administrative reconsideration or bring an administration action before the court.

Article 41 The person against whom the decision on compulsory isolation for drug rehabilitation shall be sent by the public security organ that makes the decision to the compulsory isolation center for drug rehabilitation.

The regulations for the setting up of the compulsory isolation centers for drug rehabilitation and for their management system and fund guarantee shall be formulated by the State Council.

Article 42 When a person enters a compulsory isolation center for drug rehabilitation to receive treatment, he shall be subject to physical inspection and inspection of the articles he brings with him.

Article 43 The compulsory isolation center for drug rehabilitation shall, in light of the kind of the narcotic drugs that a drug addict ingests or injects and the degree of his addiction, etc., give him physiological or psychological treatment or physical rehabilitation training, as the case may be.

The compulsory isolation center for drug rehabilitation may, in light of the need for treatment of drug addiction, organize the persons receiving such treatment to engage in the necessary production or other work and train them in vocational skills. Where persons receiving treatment of drug addiction are organized to engage in production or other work, remunerations shall be paid to them.

Article 44 The compulsory isolation centers for drug rehabilitation shall manage the persons receiving treatment of drug addiction by diving them into different groups according to their sex, age, health condition, etc.

The compulsory isolation centers for drug rehabilitation shall provide the necessary nursing and medical treatment to the persons receiving treatment of drug addiction who are seriously handicapped or suffering from serous diseases; it shall, according to law, take the necessary measures to isolate and treat those persons who suffer from contagious diseases; and it may take the necessary protective measures to restrain those who may commit self-injury, self-mutilation, etc.

No managerial persons of the compulsory isolation centers for drug rehabilitation may inflict corporal punishment on, or maltreat or humiliate the persons receiving treatment of drug addiction.

Article 45 Compulsory isolation centers for drug rehabilitation shall have licensed doctors to meet the need of treatment of drug addiction. The said doctors who are entitled to prescribe narcotic or psychotropic substances may, in accordance with the relevant technical standards, administer narcotic or psychotropic substances to the persons receiving treatment of drug addiction.

The administrative departments for health shall give more effective professional guidance to the licensed doctors of the compulsory isolation centers for drug rehabilitation and exercise strict supervision and control over them.

Article 46 The relatives of a person receiving treatment of drug addiction, and the staff members of the unit where he belongs or of the school where he studies may visit him in accordance with relevant regulations. The person receiving treatment of drug addiction may leave the center to visit his spouse and lineal relatives upon approval by the compulsory isolation center for drug rehabilitation.

Managerial persons of the compulsory isolation center for drug rehabilitation shall inspect the articles and mail delivered by persons from outside of the center to the persons receiving treatment of drug addiction, in order to prevent narcotic drugs from being smuggled in along with the articles or mail. In the inspection of mail, attention shall be paid to protecting, according to law, the freedom and privacy of correspondence of the persons receiving treatment of drug addiction.

Article 47 The period of compulsory isolation for drug rehabilitation shall be two years.

Where, after one year of compulsory isolation for drug rehabilitation, diagnosis and assessment prove that a person receiving treatment of drug addiction is in good condition, the compulsory isolation center for drug rehabilitation may put forward the proposal for terminating such isolation in advance to the authority that makes the decision on compulsory isolation for drug rehabilitation for approval.

Where, before the expiration of the period of compulsory isolation for drug rehabilitation, diagnosis and assessment prove that such period needs to be extended for a person receiving treatment of drug addiction, the compulsory isolation center for drug rehabilitation shall put forward the proposal for extending the period to the authority that makes the decision on compulsory isolation for drug rehabilitation for approval. The period of isolation for drug rehabilitation may be extended to a maximum of one year.

Article 48 With respect to a person who is released from compulsory isolation for drug rehabilitation, the authority that makes the decision on such isolation may order him to receive recovery treatment in the community for not more than three years.

Recovery treatment in the community shall be administered mutatis mutandis according to the provisions of this Law on drug rehabilitation in the community.

Article 49 Local people’s governments at and above the county level may, in light of the need for the work of drug rehabilitation, set up recovery centers for drug rehabilitation; and they shall support the recovery centers for drug rehabilitation which are set up for the public good by different sectors of the society and shall provide them with the necessary conveniences and assistance.

Persons receiving treatment of drug addiction may choose to live and work at recovery centers for drug rehabilitation. If the said centers organize the said persons to participate in production or other work, they shall pay the latter remunerations mutatis mutandis according to the regulations of the employment system of the State.

Article 50 Public security organs and judicial administration departments shall provide the necessary treatment of drug addiction to the drug users who are, in accordance with law, detained, arrested, put into prison to serve criminal punishment and with respect to whom compulsory enlightenment measures are taken.

Article 51 The administrative departments for health under the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government may, in conjunction with the public security organs and the drug regulatory departments, organize efforts to provide maintenance treatment of drug addiction in accordance with the relevant regulations of the State and in light of the need for consolidating the results of abstinence from drugs and the prevalence of Acquired Immune Deficiency Syndrome in their respective administrative areas.

Article 52 Persons receiving treatment of drug addiction shall not be discriminated against in terms of enrollment in schools, employment, enjoyment of social security, etc. The relevant departments, organizations and persons shall provide them with the necessary guidance and help in these respects.

 

Chapter V

International Anti-drug Cooperation

Article 53 The People’s Republic of China shall, according to the international treaties that it has concluded or acceded to or under the principle of reciprocity, carry out international anti-drug cooperation.

Article 54 The national anti-drug committee shall, with the authorization of the State Council, be in charge of organizing and carrying out international anti-drug cooperation, and be responsible for performing the obligations prescribed by the international anti-drug convention.

Article 55 Matters involving judicial assistance in investigation of drug-related crimes shall be handled by judicial organs in accordance with the relevant provisions of law.

Article 56 The relevant departments under the State Council shall, in compliance with their respective duties, promote the exchange of anti-drug intelligence and information with the law-enforcement authorities of the relevant countries or regions and the international organizations and carry out cooperation in anti-drug law enforcement according to law.

The public security organs of the people’s governments at or above the county level at the border areas may, upon approval by the department of public security under the State Council, carry out law-enforcement cooperation with the law-enforcement authorities of the relevant countries or regions.

Article 57 Where a drug-related criminal case is cracked through international anti-drug cooperation, the People’s Republic of China may share with the relevant countries the illegal gains, the profits derived therefrom, and the money or things of value that are used for drug-related crimes or the money from selling such things of value, which are seized through such cooperation.

Article 58 The relevant departments under the State Council may, with the authorization of the State Council, support the relevant countries to substitute the cultivation of the mother plants of narcotic drugs and to develop substitute industries by providing aid and through other channels.

 

Chapter VI

Legal Liability

Article 59 Where a person commits any of the following acts, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, a penalty for administration of public security shall be imposed on him according to law:

(1) smuggling, selling, transporting or manufacturing narcotic drugs;

(2) illegally possessing narcotic drugs;

(3) illegally cultivating the mother plants of narcotic drugs;

(4) illegally trafficking in, transporting, carrying or possessing the seeds or seedlings of the mother plants of narcotic drugs, which are not inactivated;

(5) illegally imparting the methods for manufacturing narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs;

(6) compelling, or instigating another person to ingest or inject drugs, or luring or inveigling him into doing so; or

(7) providing narcotic drugs to another person.

Article 60 Where a person commits any of the following acts, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, a penalty for administration of public security shall be imposed on him according to law:

(1) shielding an offender who smuggles, sells, transports or manufactures narcotic drugs, or harboring, transferring or concealing, for an offender, narcotic drugs or the pecuniary and other gains from criminal activities;

(2) giving information to an offender when a public security organ is investigating criminal offences related to narcotic drugs;

(3) obstructing inspection of narcotic drugs conducted in accordance with law; or

(4) concealing, transferring, selling, damaging or destroying the money or things of value involved in criminal offences related to narcotic drugs, which are distrained, sealed up or frozen by a judicial organ or administrative law-enforcement organ in accordance with law.

Article 61 Where a person provides shelter for another person to ingest or inject narcotic drugs, or leads another person into trafficking in narcotic drugs, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be detained by a public security organ for not less than 10 days but not more than 15 days and may, in addition, be fined not more than RMB 3,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or be fined not more than 500 yuan.

Article 62 A person who ingests or injects narcotic drugs shall be given on a penalty for administration of public security according to law. If a drug user goes to the public security organ for registration on his own initiative or goes to a qualified medical institution to receive treatment of drug addiction, he shall be dispensed from any penalty.

Article 63 Where in the course of experiment and research of narcotic or psychotropic substances, or of manufacturing, marketing, using, storing, transporting, importing or exporting such substances, or of cultivating the mother plants of narcotic drugs for medical use, State regulations are violated, so that the said narcotic or psychotropic substances or mother plants flow into illegal channels, which constitutes a crime, criminal responsibility shall be investigated for according to law; if the violation is not serious enough to constitute a crime, a penalty shall be imposed according to the provisions of the relevant laws and administrative regulations.

Article 64 Where in the course of manufacturing, marketing, purchasing, transporting, importing or exporting chemical materials that can easily be transformed into narcotic drugs, State regulations are violated, so that the said chemical materials flow into illegal channels, which constitutes a crime, criminal responsibility shall be investigated for according to law; if the violation is not serious enough to constitute a crime, a penalty shall be imposed according to the provisions of the relevant laws and administrative regulations.

Article 65 Where a recreation center or any of its employees commits an offence related to narcotic drugs, or provides conditions to the persons who go to the recreation center to commit an offence related to narcotic drug, which constitutes a crime, criminal responsibility shall be investigated for according to law; if the violation is not serious enough to constitute a crime, a penalty shall be imposed according to the provisions of the relevant laws and administrative regulations.

If a manager of an recreation center clearly knows that groups of people are ingesting or injecting drugs or drugs are sold in the center, but fails to report to the public security organ, he shall be penalized pursuant to the provisions of the preceding paragraph.

Article 66 Where a person, without approval, engages in the treatment of drug addiction, he shall be ordered to discontinue the illegal treatment by the administrative department for health, and the illegal gains derived therefrom and the medicines, medical apparatus and instruments, etc. used shall be confiscated; if a crime is constituted, he shall be investigated for criminal responsibility according to law.

Article 67 Where a medical institution for treatment of drug addiction discovers that a person receiving such treatment ingests or injects narcotic drugs during the period of treatment, but fails to report to the public security organ, it shall be instructed to rectify by the administrative department for health; if the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 68 Where a compulsory isolation center for drug rehabilitation, a medical institution or a doctor uses narcotic or psychotropic substances in violation of regulations, which constitutes a crime, it or he shall be investigated for criminal responsibility according to law; if the violation is not serious enough to constitute a crime, penalties shall be imposed according to the provisions of the relevant laws and administrative regulations.

Article 69 Where a staff member of a public security organ, judicial administration department or a relevant department in charge commits any of the following acts in the fight against narcotic drugs, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case is not serious enough to constitute a crime, he shall be given a sanction according to law:

(1) covering up or conniving at a drug-related offender;

(2) subjecting persons receiving treatment of drug addiction to corporal punishment, maltreatment, humiliation, etc.;

(3) misappropriating, withholding or pocketing the funds earmarked for the fight against narcotic drugs; or

(4) without authorization, disposing of the seized narcotic drugs, or the money or things of value that are involved in offences related to narcotic drugs and are distrained, sealed up or frozen.

Article 70 Where a unit concerned or any of its staff members discriminates against a person receiving treatment of drug addiction in terms of enrollment in schools, employment, enjoyment of social security, etc., it or he shall be ordered to rectify by the administrative department for education, or the administrative department of labor; if losses are caused to the said person, it or he shall be liable for compensation according to law.

 

Chapter VII

Supplementary Provisions

Article 71 This Law shall go into effect as of June 1, 2008. The Decision of the Standing Committee of the National People’s Congress on the Prohibition Against Narcotic Drugs shall be annulled at the same time.