Foreigners in China must be aware of the strict control of drugs under Chinese criminal law

Do you know what legal provisions and measures the country has in combating drug trafficking and drug abuse?

Legal analysis: In order to combat drug trafficking and drug abuse, the country has made strict provisions in the Criminal Law and Drug Control Law. For serious illegal activities such as drug trafficking, they are enforced by the Criminal Law of the People's Republic of China. For drug users, the main focus is on the Anti Drug Law and Drug Rehabilitation Regulations of the People's Republic of China. The state takes various measures to help drug users quit their addiction, educate and rescue them. The state takes various measures to help drug users quit their addiction, educate and rescue them. Drug addicts should undergo rehabilitation treatment. The determination methods for drug addiction shall be formulated by the health administrative department, drug regulatory department, and public security department of the State Council. 

Those who consume or inject drugs shall be punished for public security management in accordance with the law. Drug users who voluntarily register with public security organs or undergo drug rehabilitation treatment at qualified medical institutions shall not be punished.

Legal basis: Article 347 of the Criminal Law of the People's Republic of China states that smuggling, trafficking, transporting, or manufacturing drugs, regardless of their quantity, shall be subject to criminal responsibility and punishment. 

Whoever smuggles, sells, transports, or manufactures drugs shall be sentenced to fifteen years of fixed-term imprisonment, life imprisonment, or death, and shall also be sentenced to confiscation of property:

（1） Smuggling, trafficking, transporting, or manufacturing opium weighing over one kilogram, heroin or methamphetamine weighing over fifty grams, or other drugs in large quantities;

（2） The ringleaders of drug smuggling, trafficking, transportation, and manufacturing groups;

（3） Armed cover for smuggling, trafficking, transporting, or manufacturing drugs;

（4） Those who violently resist inspection, detention, or arrest, and the circumstances are serious;

（5） Participating in organized international drug trafficking activities.

Whoever smuggles, sells, transports, or manufactures opium of not less than 200 grams but not more than one kilogram, heroin or methamphetamine of not less than 10 grams but not more than 50 grams, or other drugs in relatively large quantities, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

If you have any legal issues regarding foreigners in China, or related legal provisions regarding foreigners working in China, you can contact our lawyer for consultation. Hotline: +86-400-057-3132 or +86-13530053568

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