A brief introduction to the anti-drug regulations of Fujian Province

(Adopted at the 19th meeting of the Standing Committee of the 12th Fujian Provincial People’s Congress on November 27, 2015)

Chapter 1 General Provisions

Article 1 In order to prevent and punish drug-related crimes, protect the physical and mental health of citizens, and maintain social order, these regulations are formulated in accordance with the "Anti-Drug Law of the People's Republic of China", the "Regulations on Drug Treatment" and other relevant laws and regulations, and in light of the actual conditions of this province. .

Article 2 These Regulations shall apply to anti-drug work within the administrative region of this province.

Article 3 The drugs mentioned in these regulations refer to opium, heroin, methamphetamine (methamphetamine), morphine, marijuana, cocaine, ketamine (K powder), and other substances controlled by the state that can cause humanoid deformation. Addictive narcotic drugs and psychotropic drugs.

Article 4: Drug control is the common responsibility of the whole society. It implements a working mechanism under the unified leadership of the government, with relevant departments assuming their respective responsibilities, and broad participation of the society. The anti-drug work follows the policy of focusing on prevention and comprehensive management, prohibiting species, prohibition, trafficking and smoking, and adheres to the principle of combining education and punishment.

Article 5 Local people's governments at or above the county level shall incorporate anti-drug work into national economic and social development plans, include anti-drug funds in the fiscal budget at the same level, and ensure that anti-drug funds are commensurate with the needs of anti-drug work. Local people's governments at all levels should incorporate anti-drug work into comprehensive management of social security.

Article 6: Local people's governments at or above the county level shall establish anti-drug committees to be responsible for organizing, coordinating and guiding anti-drug work within their respective administrative regions. The responsibilities of the Anti-Drug Committee are: (1) Formulate anti-drug work plans and annual work goals in this administrative region; (2) Establish anti-drug coordination and cooperation mechanisms and information sharing systems; (3) Organize and carry out anti-drug publicity and education; (4) Organize Investigate and evaluate the current status and development trends of the drug problem within the administrative region; (5) Supervise the member units of the anti-drug committee to complete their anti-drug tasks; (6) Guide and inspect the anti-drug work of lower-level anti-drug committees; (7) Complete the tasks of the superior anti-drug committee and Other anti-drug work assigned by the people's government at the same level. The member units of the anti-drug committees at all levels shall determine responsible leaders and staff, arrange special funds, and implement the deployment and requirements of anti-drug work in accordance with the work arrangements of the anti-drug committee.

Article 7 Township (town) people's governments and city sub-district offices shall do a good job in anti-drug publicity and education, community drug treatment, and community rehabilitation in accordance with the law. Village (resident) committees shall assist the people's government and relevant departments in carrying out anti-drug publicity and education, drug prevention, community detoxification, community rehabilitation, assistance and education for drug addicts, and drug prohibition and eradication. Public security organs, judicial administration, health administration and other departments should provide guidance and support for community drug treatment and community rehabilitation work.

Article 8 encourages citizens to report drug-related crimes. Local people's governments at all levels shall establish and improve a reward system for reporting drug violations and crimes, keep the identity information of whistleblowers confidential, protect their personal safety, and reward meritorious personnel who report drug violations and crimes as well as units and individuals who have made outstanding contributions to drug control work. award.

Article 9 encourages the establishment of anti-drug volunteer service organizations, and supports anti-drug volunteers, volunteer service organizations and other social organizations to participate in anti-drug publicity and education and drug rehabilitation social services.

Chapter 2 Anti-drug Publicity and Education

Article 10 Local people’s governments at all levels shall incorporate anti-drug publicity and education into the content of citizen quality and legal education, and carry out regular anti-drug activities based on the actual local anti-drug work Promote and educate, set up anti-drug education bases, open to the public free of charge, and enhance the anti-drug awareness of the whole society.

Article 11 The judicial administrative department shall work with relevant departments to formulate anti-drug publicity and education plans and organize and carry out anti-drug publicity and education work.

Article 12 Public security organs shall work with relevant departments to formulate and implement anti-drug education and training plans, and regularly provide training to relevant personnel of state agencies, social groups and grassroots organizations engaged in anti-drug work.

Article 13 The education administrative department shall incorporate anti-drug knowledge into school education and teaching content. Schools should carry out targeted anti-drug publicity and education based on the age characteristics of students. Public security organs, judicial administration, health administration and other departments should provide assistance.

Primary and secondary schools should carry out anti-drug publicity and education from fifth grade to high school, with no less than two class hours per school year; secondary vocational schools, colleges and universities, etc. should carry out anti-drug publicity and education activities in accordance with relevant regulations.

Article 14 Cultural propaganda, press and publication, radio and television and other departments shall incorporate anti-drug publicity and education into their work plans. Information service units and media such as newspapers, radio and television, the Internet, mobile communications, and other public audio-visual carriers should carry out regular public welfare anti-drug publicity and education, and arrange special time periods and pages for free publication and broadcast of anti-drug programs and public service advertisements.

Article 15: State agencies, social groups, enterprises, institutions and other organizations shall conduct anti-drug publicity and education for their own staff, implement the anti-drug responsibility system, and do a good job in anti-drug work. Trade unions, Communist Youth Leagues, and women's federations should organize and carry out anti-drug publicity and education based on the characteristics of their respective work targets. Parents or other guardians of minors should educate minors on the dangers of drugs and prevent them from taking or injecting drugs or engaging in other drug-related illegal and criminal activities. If a family member takes or injects drugs, other family members should educate and stop them, and provide them with care in daily life to help them get rid of drug addiction.

Article 16 Transportation, railway, civil aviation management and other departments should include anti-drug knowledge in publicity to passengers. Transportation operating units such as highways, waterways, railways, urban rail transit, and aviation should conduct anti-drug publicity and education to passengers.

Article 17 Operators and managers of entertainment venues and hotels, bathhouses, teahouses, bars, Internet cafes, clubs and other business and service venues shall set up anti-drug warning signs in prominent places on the premises and publish reporting hotlines. Provide anti-drug publicity, education and training to employees in this establishment to prevent drug-related crimes from occurring in this establishment.

Chapter 3 Drug Control

Article 18: Local people’s governments at all levels and public security organs, agriculture, forestry and other departments discover illegal cultivation of opium poppies, coca plants, cannabis plants and If other raw plants controlled by the state can be used to refine and process drugs, measures should be taken immediately to stop and eradicate them. If the village (resident) committee discovers the illegal planting of original drug plants, it shall report it to the local public security agency in a timely manner and cooperate with the public security agency to eradicate it.

Article 19 prohibits the illegal production, operation, purchase, and transportation of chemical raw materials used to produce narcotics. It is prohibited to issue prescriptions or use certificates for narcotic drugs and psychotropic drugs in violation of regulations. Drug retail units selling compound preparations containing ephedrine shall check and register the purchaser's identity document and other information in accordance with relevant regulations.

Article 20: Units that produce, operate, purchase, transport, store, use, import, and export narcotic drugs, psychotropic drugs, and precursor chemicals shall implement relevant national regulations, standardize and implement the units Internal management system to prevent narcotic drugs, psychotropic drugs and precursor chemicals from flowing into illegal channels.

Article 21: Public security organs are responsible for the investigation of drug crime cases and the investigation and handling of drug administrative violations. According to the needs of anti-drug work, public security organs may conduct drug and drug trafficking on passing persons, items, goods and means of transportation at border ports, traffic arteries, airports, railway stations, long-distance bus stations, ports, docks, logistics distribution centers and other places. Toxic chemical inspection. The operators and managers of the above-mentioned places shall provide assistance and cooperation.

Article 22 Postal and express delivery enterprises shall establish and implement a receiving and mailing inspection system. For mail and express mail other than letters handed over by the sender, the sender should be required to truthfully and completely fill in the delivery details form, verify the identity information, and inspect each item one by one. Shipping information will be kept for no less than one year. Logistics enterprises should truthfully record the name, address, contact information of the shipper and pick-up person, and the name, quantity and other information of the consigned goods, strengthen the inspection work before the delivery of goods, and prevent the entrainment and transportation of drugs; the documents for consignment and pick-up of goods, The storage period is not less than one year. Postal, express, and logistics enterprises that discover the mailing, entrainment, or transportation of drugs, original drug plants, and their seeds and seedlings, or illegal mailing or consignment of precursor chemicals shall report to the public security organs in a timely manner and assist in investigation and evidence collection.

Article 23 Entertainment venues and hotels, bathhouses, teahouses, bars, Internet cafes, clubs and other business and service venues shall establish internal inspection systems and implement anti-drug prevention measures. If drug-related illegal and criminal activities are discovered, they shall be promptly investigated Report to the public security organs and assist in investigation and evidence collection. The service establishments operating in the preceding paragraph and their employees shall not sell or provide drugs, shall not organize, force, instigate, seduce, deceive, or allow others to take or inject drugs, and shall not provide conditions for other persons entering the premises to commit the above acts.

Article 24 If the lessor discovers drug-related illegal and criminal activities in the rented house, he shall report it to the public security organs in a timely manner and assist in investigation and evidence collection.

Article 25 When handling vehicle leasing business, car rental companies shall truthfully register the lessee’s identity document information, contact number, etc., and retain the corresponding information for no less than one year. If it is discovered that the lessee uses the leased vehicle to carry out drug-related illegal and criminal activities, it shall promptly report it to the public security organs and assist in investigation and evidence collection.

Article 26: No unit or individual may publish advertisements for narcotic drugs or psychotropic drugs, may not publish sales information on precursor chemicals in violation of state regulations, and may not illegally teach narcotic drugs, psychotropic drugs or precursor chemicals. Toxic chemical manufacturing methods. If the media discovers drug-related advertisements, drug-related sales information, or illegal teaching of manufacturing methods for narcotic drugs, psychotropic drugs, and precursor chemicals, they should immediately stop publishing, keep relevant records, report to the public security organs in a timely manner, and assist in investigation and evidence collection. Internet information service providers should establish an information inspection system and are not allowed to produce, copy, publish, or disseminate drug-related and harmful information. If it is discovered that the information transmitted by their website obviously involves drug-related illegal and criminal activities, they should immediately stop the transmission, save relevant records, and report to the public security in a timely manner. agencies and assist in investigation and evidence collection.

Article 27 prohibits the addition of poppy shells, poppy seeds, poppy seedlings and other original drug plants and their illegal products to food.

Chapter 4 Drug Rehabilitation Measures

Article 28 Local people’s governments at all levels shall take measures such as voluntary detoxification, community detoxification, compulsory isolation detoxification, and community rehabilitation to help drug addicts detoxify. Drug addiction, education and rescuing addicts.

Article 29 The people's governments of cities divided into districts and counties (cities, districts) with more than 1,000 registered drug addicts shall establish one or more drug treatment medical institutions or determine more than one medical institution in accordance with relevant regulations. Provide detoxification medical services. The health administrative departments of local people's governments at or above the county level shall, in conjunction with the public security organs and judicial administrative departments, formulate plans for the construction of drug treatment medical institutions in their respective administrative regions based on drug treatment service resources and drug treatment needs, and incorporate them into the local health and medical institution construction plans.

Article 30 The township (town) people's government and city sub-district offices shall establish a community drug treatment and community rehabilitation work leading group according to the needs of drug treatment work, make overall plans for drug treatment and rehabilitation work in their respective jurisdictions, and based on the distribution of drug addicts situation, clarify community drug treatment and community rehabilitation work institutions, and staff them with full-time staff. Local people's governments at or above the county level should allocate special funds to ensure the development of community drug treatment and community rehabilitation work.

Article 31: Full-time staff of community detoxification and community rehabilitation institutions shall be uniformly recruited and trained by the county-level people's government. Their wages and salaries shall not be lower than the employment standards of the same industry, and they shall pay the full amount of various fees as required. social insurance and housing provident fund. Specific measures shall be formulated by the public security organs of the Provincial People's Government in conjunction with relevant departments.

Article 32 The public security organs shall conduct drug-taking tests on persons suspected of taking drugs, and the persons tested shall cooperate; for those who refuse to accept the test, the public security organs of the local people’s governments at or above the county level or their dispatched agencies shall With the approval of the person in charge, testing can be compulsory. Public security organs should register drug addicts, conduct comprehensive assessments based on their drug-related records, actual performance, social harm, etc., and implement graded control and education assistance.

Article 33 encourages drug addicts to quit drug addiction on their own. Drug addicts can go to drug treatment medical institutions to receive drug treatment on their own.

Detoxification medical institutions shall sign a voluntary detoxification agreement with voluntary detoxification personnel or their guardians, and within three days from the date of signing the agreement, report the identity information and detoxification period of the voluntary detoxification personnel to the local county-level public security organs; Anyone who smokes or injects drugs during drug detoxification must report to the public security organs in a timely manner.

Article 34: The public security organs shall order drug addicts seized to undergo community drug rehabilitation, in addition to applying compulsory isolated drug rehabilitation. Community drug treatment personnel shall report to the township (town) people's government or city sub-district office where community drug treatment is implemented within 15 days from the date of receipt of the decision ordering community drug treatment. Those who fail to report within the time limit without justifiable reasons shall be deemed to have refused to accept community drug treatment. .

Article 35 Township (town) people's governments and city sub-district offices shall promptly sign community drug treatment agreements with community drug treatment personnel after they report. The community drug treatment agreement should include the following contents: (1) The rights enjoyed by drug addicts and the help they can obtain; (2) The regulations that drug addicts should abide by; (3) Specific measures for community drug treatment; (4) Laws that violate the community drug treatment agreement Consequences; (5) Other matters that should be clarified.

Article 36 If a drug addict has one of the circumstances listed in paragraph 1 of Article 38 of the "Anti-Drug Law of the People's Republic of China", the city, county (district) The public security organ of the People's Government has made a decision on compulsory isolation and detoxification.

Article 37: Drug detoxification medical institutions of the judicial administrative department of the Provincial People’s Government shall, in accordance with the law, implement centralized isolation detoxification treatment for persons suffering from infectious diseases such as AIDS, and shall accept the guidance and guidance of the health administrative department. supervision.

Article 38: If a person who has been released from compulsory isolation and drug treatment falls under any of the following circumstances, the public security organ shall order him or her to undergo community rehabilitation: (1) Inhaling or injecting opioids or amphetamine drugs; (2) ) The compulsory isolation and detoxification is released in advance; (3) The compulsory isolation and detoxification is completed more than twice.

Article 39: If a person ordered to undergo community rehabilitation refuses to accept community rehabilitation or seriously violates the community rehabilitation agreement, the public security organ shall order him or her to undergo community drug rehabilitation.

Article 40 The health administrative departments of the local people’s governments at or above the county level shall, in conjunction with the public security organs and food and drug supervision and administration departments, scientifically set up drug maintenance treatment clinics and extended medication points in accordance with relevant regulations to facilitate drug addicts Get treatment nearby.

Article 41: Local people's governments at or above the county level shall encourage and support social groups, enterprises, institutions, and other organizations and individuals to participate in drug treatment social services. Local people's governments at all levels and their relevant departments should strengthen vocational skills training and employment guidance for drug addicts, provide employment information, expand employment channels, encourage and support drug addicts to seek self-employment and start their own businesses, and help them return to society. Units that recruit drug addicts who have difficulty finding employment, sign labor contracts and pay social insurance premiums will enjoy national and provincial preferential policies such as social insurance subsidies and public welfare job subsidies in accordance with regulations.

Article 42 It is prohibited to drive motor vehicles, ships, rail vehicles, aircraft, etc. after taking or injecting drugs. Those who have smoked or injected drugs within three years, or who have been released from compulsory isolation and detoxification measures for less than three years, or who have not yet recovered from long-term dependence on psychotropic drugs, are not allowed to apply for driving licenses for motor vehicles, ships, rail vehicles, aircraft, etc. Persons who are undergoing community detoxification, compulsory isolation detoxification, community rehabilitation measures, or who have not yet recovered from long-term dependence on psychotropic drugs, or who are caught driving motor vehicles, ships, rail vehicles, aircraft, etc. after taking or injecting drugs, have been The relevant driving license obtained shall be canceled in accordance with the law. Persons who have been administratively punished for taking or injecting drugs, or ordered to community detoxification, compulsory isolation detoxification, or community rehabilitation, if they apply for relevant driving licenses after the administrative punishment is completed or drug detoxification measures are lifted, they should provide the public security department with the place of their registered residence or place of residence. Drug abuse test report issued by the police station.

Chapter 5 Legal Responsibilities

Article 43 If laws and administrative regulations otherwise provide for violations of the provisions of these Regulations, such provisions shall prevail.

Article 44 Whoever violates the provisions of Article 17 of these Regulations shall be given a warning by the public security organ to the operating service establishment and ordered to make corrections. Article 45 Whoever violates the provisions of Paragraph 1 of Article 19 of these Regulations shall have the public security organs confiscate the chemical raw materials, tools, equipment and illegal income used in the production of drug-making substances, and impose a fine of the value of the raw materials used in the illegal production of drug-making substances. A fine of not less than ten times but not more than twenty times; if twenty times the value of the goods is less than RMB 10,000, a fine of RMB 10,000 will be imposed.

Article 46 Anyone who violates the provisions of Article 22 of these Regulations shall be ordered to make corrections by the relevant competent departments or public security organs in accordance with their respective duties, and shall be fined not less than 10,000 yuan but not more than 30,000 yuan; causing drug abuse Or if precursor chemicals enter the delivery channel, a fine of not less than 30,000 yuan but not more than 50,000 yuan will be imposed; if the circumstances are serious, the company will be ordered to suspend business for rectification or even have its license revoked in accordance with laws and administrative regulations.

Article 47 If any drug-related illegal or criminal activities occur in violation of the provisions of Article 23, Paragraph 1, of these Regulations, the public security organ shall impose a fine of 5,000 yuan on the directly responsible person in charge and other directly responsible personnel. A fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed on operating service establishments in accordance with the following provisions: (1) If less than five people are caught selling, smoking, or injecting drugs in a single time, a fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed; (2) Anyone who is caught selling, taking, or injecting drugs to more than six people but not more than ten in a single time, or if a minor is caught selling, taking, or injecting drugs, shall be fined not less than RMB 20,000 but not more than RMB 50,000, and ordered to suspend business for one to three months for rectification. month; (3) If more than ten people are caught selling, taking, or injecting drugs on a single occasion, or if they are caught selling, taking, or injecting drugs more than twice, they shall be fined not less than RMB 50,000 but not more than RMB 100,000, and ordered to suspend business for rectification for three years. months to six months.

Article 48 Whoever violates the provisions of Article 24 of these Regulations shall be fined not less than RMB 200 but not more than RMB 500 by the public security organs.

Article 49 Whoever violates the provisions of Article 25 of these Regulations shall be fined not less than 5,000 yuan but not more than 10,000 yuan by the public security organs on the car rental enterprise.

Article 50: Anyone who violates the provisions of Paragraph 1 of Article 26 of these Regulations and illegally teaches the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals, which does not constitute a crime, shall be confiscated by the public security organs. income and illegal property, and shall be fined not less than 20,000 yuan but not more than 100,000 yuan. Anyone who violates the provisions of paragraph 3 of Article 26 of these Regulations shall be fined not less than RMB 5,000 but not more than RMB 20,000 by the public security organs.

Article 51 Anyone who violates the first paragraph of Article 42 of these Regulations shall have the relevant driving license canceled by the competent authorities in accordance with the law, and shall be punished by the public security organs in accordance with the following provisions: (1) Smoking, Anyone who drives a motor vehicle after injecting drugs shall be fined not less than RMB 2,000 but not more than RMB 5,000; (2) Anyone who drives a motor vehicle or ship after ingesting or injecting drugs shall be fined not less than RMB 5,000 but not more than RMB 10,000; . Anyone who drives a rail vehicle or aircraft after injecting drugs shall be fined not less than RMB 10,000 but not more than RMB 20,000.

Article 52 If any staff member of the public security organ, judicial administrative department or other relevant department commits any of the following acts, he or she shall be punished in accordance with the law: (1) harboring or condoning drug-related crimes; (2) ) misappropriating, withholding, or withholding anti-drug funds; (3) disposing of seized drugs and seized, sealed, and frozen property involved in drug-related illegal and criminal activities without authorization; (4) committing fraud and concealing drug information; (5) violating regulations and handling terminations Compulsory isolation and detoxification procedures; (6) Leaking the informant’s information; (7) Leaking the personal privacy of drug addicts; (8) Physical punishment, abuse, humiliation, etc. to drug addicts; (9) Taking advantage of one’s position to ask for , Accepting other people’s property or seeking improper benefits; (10) Other abuse of power, dereliction of duty or engaging in malpractice for personal gain.

Chapter 6 Supplementary Provisions

Article 53 These Regulations shall come into effect on January 1, 2016. The "Fujian Provincial Drug Control Regulations" passed at the 27th meeting of the Standing Committee of the Ninth People's Congress of Fujian Province on July 26, 2001 were abolished at the same time.

Appendix: Names of Precursor Chemicals Strictly Managed in Fujian Province

Table 1

1. Ephedrine (Ephedrine)

2. Ergometrine

3. Ergotamine

4. Lysergic acid

5. 1-phenyl-2-propanone (1-phenyl-2-propanone)

6. Pseudoephedrine (Pseudoephedrine)

7. N-acetyl ortho-amino group N-acetylanthranilic acid

8. 3,4-methylenedioxy-phenyl-2-propanone

9. Piperonal

10. Safrole

11. Isosafrole (cis plus trans) (Isosafrole)

Table 2

1. Acetic anhydride (Acetic anhydride)

2. Acetone (acetone, dimethylketone) (Acetone)

3. Anthranilic acid

4. Ethy lether

5. Phenylacetic acid

6. Piperidine and its salts (Piperidine)

7. Methy lethyl ketone (Methy ethyl ketone)

8. Toluene (Toluene)

9. Potassium permanganate (Potassium permanganate)

10. Sulfuric acid (without reagent) (Sulfuric acid)

11. Hydrochloric acid ( (Does not contain reagents) (Hydrochloric acid)

Table 3

1. Chloroform (Chloroform)

2. Chloride Sulfone (thionyl chloride, thionyl chloride)

3. Barium sulfate (Barium sulfate)

4. Palladium chloride (palladium dichloride, palladium lime ) (Palladium chloride)

5. Sodium acetate (Sodium acetate)

6. Hydrogen