What are the provisions of anti-drug laws and regulations?

People's Republic of China (PRC) Anti-drug Law (adopted at the 31st session of the Standing Committee of the Tenth NPC on February 29th, 2007)

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of preventing and punishing drug crimes, protecting citizens' physical and mental health and maintaining social order.

Article 2 The term "drugs" as mentioned in this Law refers to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine and other narcotic drugs and psychotropic drugs that can make people addicted as stipulated by the state.

According to the needs of medical treatment, teaching and scientific research, narcotic drugs and psychotropic drugs can be produced, managed, used, stored and transported according to law.

Article 3 Drug control is the common responsibility of the whole society. State organs, social organizations, enterprises, institutions, other organizations and citizens shall perform their duties or obligations in drug control in accordance with the provisions of this Law and relevant laws.

Article 4 Anti-drug work shall follow the principles of giving priority to prevention, comprehensive treatment, prohibition of seeds, trafficking and smoking.

The anti-drug work is under the unified leadership of the government, and the relevant departments are responsible for their respective duties, and the society is widely involved.

Article 5 the State Council shall set up the National Narcotics Control Committee, which shall be responsible for organizing, coordinating and guiding the national drug control work.

Local people's governments at or above the county level may, according to the needs of drug control work, set up drug control committees to be responsible for organizing, coordinating and guiding drug control work within their respective administrative areas.

Article 6 The people's governments at or above the county level shall incorporate the drug control work into the national economic and social development plan and include the drug control funds in the fiscal budget at the corresponding level.

Article 7 The State encourages the society to contribute to drug control work and gives preferential tax treatment according to law.

Article 8 The State encourages scientific and technological research on drug control, and promotes advanced drug control technologies, equipment and drug rehabilitation methods.

Article 9 The State encourages citizens to report drug crimes. People's governments at all levels and relevant departments shall protect informants, and commend and reward those who report meritorious service and units and individuals who have made outstanding contributions in drug control work.

Article 10 The State encourages volunteers to participate in anti-drug publicity and education and social services for drug rehabilitation. Local people's governments at various levels shall provide guidance and training to volunteers and provide necessary working conditions.

Chapter II Anti-drug Publicity and Education

Article 11 The state adopts various forms to carry out nationwide anti-drug publicity and education, popularize drug prevention knowledge, enhance citizens' anti-drug awareness, and improve citizens' ability to resist drugs consciously.

The state encourages citizens and organizations to carry out public welfare anti-drug publicity activities.

Twelfth people's governments at all levels should regularly organize and carry out various forms of anti-drug publicity and education.

Trade unions, the Communist Youth League and women's federations shall organize anti-drug publicity and education according to the characteristics of their respective working objects.

Thirteenth education administrative departments and schools should incorporate anti-drug knowledge into education and teaching content, and carry out anti-drug publicity and education for students. Public security organs, judicial administrative departments and health administrative departments shall provide assistance.

Fourteenth news, publishing, culture, radio, film, television and other relevant units should carry out anti-drug publicity and education to the society.

Article 15 The managers of airports, railway stations, long-distance bus stations, docks, hotels, entertainment places and other public places shall be responsible for the anti-drug publicity and education in their own places, implement anti-drug preventive measures and prevent the occurrence of drug crimes in their own places.

Article 16 State organs, social organizations, enterprises, institutions and other organizations shall strengthen publicity and education on drug control for their own personnel.

Seventeenth residents' committees and villagers' committees shall assist the people's governments and public security organs and other departments to strengthen anti-drug publicity and education and implement anti-drug preventive measures.

Eighteenth parents or other guardians of minors should educate minors about the dangers of drugs and prevent them from taking or injecting drugs or engaging in other illegal and criminal activities.

Chapter III Drug Control

Article 19 The State exercises control over the cultivation of narcotic drugs. Illegal cultivation of opium poppy, coca plants, cannabis plants and other original plants that can be used for refining and processing drugs under state control is prohibited. It is prohibited to smuggle or illegally buy, sell, transport, carry or possess seeds or seedlings of original plants of drugs that have not been inactivated.

Local people's governments at all levels shall immediately take measures to stop and eradicate the illegal cultivation of raw drugs. Villagers' committees and residents' committees shall promptly stop and eradicate the illegal cultivation of narcotic plants and report to the local public security organs.

Article 20 Enterprises designated by the state to plant original plants of narcotic drugs must plant original plants of narcotic drugs in accordance with relevant state regulations.

The extraction and processing sites of narcotic drugs medicinal original plant planting enterprises determined by the state and the narcotic drugs storage warehouses established by the state are listed as national key early warning targets.

Without permission, those who enter the warning areas such as the extraction and processing places of the original plant planting enterprises of narcotic drugs determined by the state or the storage warehouses of narcotic drugs set up by the state without permission shall be ordered by the warning personnel to leave immediately; Those who refused to leave were forcibly taken away from the scene.

Article 21 The state exercises control over narcotic drugs and psychotropic substances, and implements a licensing and inspection system for experimental research, production, marketing, use, storage and transportation of narcotic drugs and psychotropic substances.

The state implements a licensing system for the production, management, purchase and transportation of precursor chemicals.

Illegal production, trading, transportation, storage, supply, possession and use of narcotic drugs, psychotropic drugs and precursor chemicals are prohibited.

Article 22 The State practices a licensing system for the import and export of narcotic drugs, psychotropic drugs and precursor chemicals. The relevant departments of the State Council shall, in accordance with the prescribed duties, manage the import and export of narcotic drugs, psychotropic drugs and precursor chemicals according to law. Smuggling narcotic drugs, psychotropic drugs and precursor chemicals is prohibited.

Article 23 When narcotic drugs, psychotropic drugs and precursor chemicals are stolen, robbed, lost or otherwise flowed into illegal channels, the criminal unit shall immediately take necessary control measures and report to the public security organ immediately, and at the same time report to the relevant competent departments in accordance with regulations.

After receiving the report, or if there is evidence that narcotic drugs, psychotropic drugs and precursor chemicals may flow into illegal channels, the public security organ shall promptly carry out investigations and take necessary control measures against the relevant units. Pharmaceutical supervisory and administrative departments, health administrative departments and other relevant departments shall cooperate with the work of public security organs.

Article 24 It is prohibited to illegally teach the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals. If a public security organ receives a report or finds that it illegally teaches the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals, it shall promptly investigate and deal with them according to law.

Article 25 Specific measures for the administration of narcotic drugs, psychotropic drugs and precursor chemicals shall be formulated by the State Council.

Article 26 Public security organs may, according to the needs of drug investigation, inspect people, articles, goods and vehicles in border areas, major traffic routes, ports, airports, stations, long-distance bus stations, docks and other places, and civil aviation, railway and transportation departments shall cooperate with them.

The customs shall strengthen the inspection of personnel, articles, goods and means of transport at import and export ports according to law to prevent the smuggling of drugs and precursor chemicals.

Postal enterprises should strengthen the inspection of mail according to law to prevent the mailing of drugs and illegal mailing of precursor chemicals.

Twenty-seventh entertainment venues should establish a patrol system, found that there are illegal and criminal activities of drugs in entertainment venues, it should immediately report to the public security organs.

Article 28. Drugs seized according to law, tools for taking or injecting drugs, illegal gains and gains from drug crimes, as well as tools, equipment and funds directly used in drug crimes owned by me shall be confiscated and dealt with according to regulations.

Twenty-ninth anti-money laundering administrative departments should strengthen the monitoring of funds suspected of drug crimes according to law. When the administrative department in charge of anti-money laundering and other departments and institutions with anti-money laundering supervision and management responsibilities according to law find the flow of funds suspected of drug crimes, they shall report to the investigation organ in time and cooperate with the investigation and investigation of the investigation organ.

Article 30 The State shall establish and improve the drug monitoring and drug control information system, and carry out the collection, analysis, use and exchange of drug monitoring and drug control information.

Chapter IV Drug Rehabilitation Measures

Article 31 The state adopts various measures to help drug addicts get rid of drug addiction and educate and save drug addicts.

Drug addicts should receive drug treatment.

Measures for the determination of drug addiction shall be formulated by the health administrative department, drug supervision and administration department and public security department of the State Council.

Thirty-second public security organs may conduct necessary tests on drug suspects, and the detected person shall cooperate; Refuse to accept the test, with the approval of the person in charge of the public security organ of the people's government at or above the county level or its dispatched office, compulsory testing can be carried out.

The public security organ shall register drug addicts.

Thirty-third drug addicts, the public security organs can order them to accept community drug rehabilitation, and at the same time notify the drug addicts' domicile or current residence of the city street offices, township people's governments. The period of community detoxification is three years.

Drug addicts should receive community detoxification at their place of residence; If you have a fixed residence in your current place of residence outside your domicile, you can accept community drug rehabilitation in your current place of residence.

Thirty-fourth city street offices and Township People's governments are responsible for community drug rehabilitation. City street offices and township people's governments may, according to the individual and family situation of drug addicts, designate relevant grass-roots organizations to sign community drug rehabilitation agreements with drug addicts and implement targeted community drug rehabilitation measures. Public security organs, judicial administration, health administration, civil affairs and other departments shall provide guidance and assistance to community drug rehabilitation work.

City street offices, township people's governments and labor administrative departments of county-level people's governments shall provide necessary vocational skills training, employment guidance and employment assistance to drug addicts who are unemployed and lack employment ability.

Thirty-fifth drug addicts who accept community drug rehabilitation should abide by laws and regulations, consciously fulfill the community drug rehabilitation agreement, and receive regular testing according to the requirements of public security organs.

For drug addicts who violate the community drug rehabilitation agreement, the staff involved in community drug rehabilitation should criticize and educate them; Those who seriously violate the community drug rehabilitation agreement or take or inject drugs during community drug rehabilitation shall report to the public security organ in time.

Thirty-sixth drug addicts can go to medical institutions with drug treatment qualifications to receive drug treatment.

The establishment of a medical institution for drug addiction treatment or a medical institution engaged in drug addiction treatment shall meet the conditions stipulated by the administrative department of health of the State Council, and be reported to the administrative department of health of the people's government of the province, autonomous region or municipality directly under the Central Government for approval, and be reported to the public security organ at the same level for the record. Drug addiction treatment shall comply with the norms of drug addiction treatment formulated by the administrative department of health of the State Council, and accept the supervision and inspection of the administrative department of health.

Drug rehabilitation should not be for profit. Do not advertise drugs, medical devices and treatment methods for drug treatment. Drug treatment charges shall be implemented in accordance with the charging standards formulated by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the health administrative departments.

Thirty-seventh medical institutions may, according to the needs of drug treatment, carry out physical examination on drug addicts who have received drug treatment and their belongings; If there is personal danger during the treatment, necessary temporary protective restraint measures can be taken.

Medical institutions shall report to the public security organs in a timely manner if they find that drug addicts receiving drug treatment take or inject drugs during the treatment.

Thirty-eighth drug addicts in any of the following circumstances, the public security organs of the people's governments at or above the county level shall make a compulsory isolation decision:

(1) Refusing to accept community drug rehabilitation; (2) Taking or injecting drugs during community detoxification; (three) a serious violation of the community drug agreement; (4) taking or injecting drugs again after community detoxification and compulsory isolation detoxification.

The public security organ can directly make a decision of compulsory isolation for drug addicts who are seriously addicted to drugs and are difficult to get rid of them through community detoxification.

Drug addicts who voluntarily accept compulsory isolation detoxification may enter compulsory isolation detoxification places with the consent of the public security organs.

Article 39 If a woman who is pregnant or breast-feeding a baby under one year old is addicted to drugs, compulsory isolation for detoxification is not applicable. Minors under the age of 16 who are addicted to drugs may not be forced to be isolated for detoxification.

For drug addicts who fail to implement compulsory isolation and detoxification in accordance with the provisions of the preceding paragraph, community detoxification shall be implemented in accordance with the provisions of this Law. Urban sub-district offices and township people's governments responsible for community detoxification shall strengthen assistance and supervision, and urge the implementation of community detoxification measures.

Article 40 If the public security organ decides to isolate drug addicts for compulsory detoxification, it shall make a written decision on compulsory isolation detoxification, deliver it to the decided person before compulsory isolation detoxification, and notify the family, unit and local police station of the decided person within 24 hours after delivery; If the decision-maker does not tell his real name and address, and his identity is unknown, the public security organ shall notify him after finding out his identity.

If the person who is decided refuses to accept the decision of compulsory isolation and detoxification made by the public security organ, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 41 Persons who have been decided to undergo compulsory isolation for drug rehabilitation shall be sent to compulsory isolation for drug rehabilitation by the public security organ that made the decision.

The establishment, management system and funding guarantee of compulsory isolation drug rehabilitation centers shall be stipulated by the State Council.

Forty-second drug addicts should accept the examination of their bodies and belongings when they enter the compulsory isolation drug rehabilitation center.

Forty-third compulsory isolation drug rehabilitation centers should provide targeted physical and psychological treatment and physical rehabilitation training for drug addicts according to the types of drugs they take or inject and the degree of addiction.

According to the needs of drug rehabilitation, compulsory isolation drug rehabilitation centers can organize drug addicts to participate in necessary productive labor and provide vocational skills training for drug addicts. Those who organize drug addicts to participate in productive labor shall pay labor remuneration.

Forty-fourth compulsory isolation drug rehabilitation centers shall, according to the sex, age, illness and other conditions of drug addicts, carry out separate management of drug addicts.

Compulsory isolation drug rehabilitation centers should give necessary care and treatment to drug addicts with serious disabilities or diseases; Take necessary isolation and treatment measures for drug addicts suffering from infectious diseases according to law; For drug addicts who may have self-injury or self-injury. , you can take corresponding protective restraint measures.

The managers of compulsory isolation drug rehabilitation centers shall not punish, abuse or insult drug addicts.

Forty-fifth compulsory isolation drug rehabilitation centers should be equipped with medical practitioners according to the needs of drug treatment. Medical practitioners in compulsory isolation detoxification centers who have the right to prescribe narcotic drugs and psychotropic drugs may use narcotic drugs and psychotropic drugs for drug addicts in accordance with relevant technical specifications.

The administrative department of health shall strengthen the professional guidance, supervision and management of medical practitioners in compulsory isolation drug rehabilitation places.

Forty-sixth relatives of drug addicts and their units or school staff can visit drug addicts in accordance with relevant regulations. With the approval of compulsory isolation drug rehabilitation center, drug addicts can go out to visit their spouses and immediate family members.

The management personnel of compulsory isolation drug rehabilitation centers shall check the articles and mails handed over to drug addicts by people outside compulsory isolation drug rehabilitation centers to prevent drug entrainment. When checking mail, the freedom and privacy of communication of drug addicts should be protected according to law.

Article 47 The term of compulsory isolation for drug rehabilitation is two years.

One year after the implementation of compulsory isolation detoxification, after diagnosis and evaluation, for drug addicts with good detoxification effect, compulsory isolation detoxification places can put forward opinions on lifting compulsory isolation detoxification in advance and report them to the decision-making organ for compulsory isolation detoxification for approval.

Before the expiration of compulsory isolation detoxification, after diagnosis and evaluation, the compulsory isolation detoxification place shall put forward opinions on extending the detoxification period for drug addicts who need to extend the detoxification period, and report them to the compulsory isolation detoxification decision-making organ for approval. The period of compulsory isolation and detoxification can be extended to one year.

Forty-eighth persons who have been released from compulsory isolation for drug rehabilitation may be ordered by the decision-making organ of compulsory isolation for drug rehabilitation to receive community rehabilitation for no more than three years.

Community rehabilitation shall be implemented with reference to the provisions of this law on community drug rehabilitation.

Forty-ninth local people's governments at or above the county level may, according to the needs of drug rehabilitation work, set up drug rehabilitation places; Support should be given to public welfare drug rehabilitation places run by social forces according to law, and necessary convenience and help should be provided.

Drug addicts can voluntarily live and work in drug rehabilitation places. Where a drug rehabilitation center organizes drug addicts to participate in productive labor, it shall pay labor remuneration with reference to the provisions of the national labor and employment system.

Article 50 The public security organs and judicial administrative departments shall give necessary drug rehabilitation treatment to drug addicts who are detained, arrested, put in prison and subjected to compulsory education measures according to law.

Article 51 The administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, in conjunction with the public security organs and drug supervision and administration departments, may organize maintenance treatment for drug rehabilitation according to the needs of consolidating the achievements of drug rehabilitation and the epidemic situation of AIDS in their respective administrative areas.

Article 52 Drug addicts shall not be discriminated against in enrollment, employment and social security. Relevant departments, organizations and personnel should give necessary guidance and help to drug addicts in terms of enrollment, employment and social security.

Chapter V International Drug Control Cooperation

Article 53 People's Republic of China (PRC) conducts international drug control cooperation in accordance with international treaties it has concluded or acceded to, or on the principle of reciprocity.

Article 54 the State Council authorizes the National Narcotics Control Commission to be responsible for organizing international drug control cooperation and fulfilling its obligations under international drug control conventions.

Article 55 Judicial assistance involved in the investigation of drug crimes shall be handled by judicial organs in accordance with the provisions of relevant laws.

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

With the approval of the public security department of the State Council, the public security organs of the people's governments at or above the county level in border areas may carry out law enforcement cooperation with the law enforcement organs of relevant countries or regions.

Article 57 When drug-related crimes are solved through international drug control cooperation, the governments of People's Republic of China (PRC) and China can share the seized illegal gains, illegal gains and the proceeds from the sale of property used for drug-related crimes with relevant countries.

Article 58 The relevant departments of the State Council may, under the authorization of the State Council, support the relevant countries to implement the substitution of original plants for drugs and develop alternative industries through foreign aid and other channels.

Chapter VI Legal Liability

Fifty-ninth any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law:

(1) Smuggling, selling, transporting or manufacturing drugs; (2) illegal possession of drugs; (3) Illegally planting original plants of drugs; (4) illegally buying, selling, transporting, carrying or holding the seeds or seedlings of the original plants of drugs that have not been inactivated; (5) illegally teaching the manufacturing methods of narcotic drugs, psychotropic drugs or precursor chemicals; (6) forcing, luring, abetting or deceiving others to take or inject drugs; (7) Providing drugs to others.

Article 60 Whoever commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law:

(1) harboring criminals who smuggle, sell, transport or manufacture drugs, and harboring, transferring or concealing drugs or property obtained from crimes for criminals; (2) The public security organ informs the criminals when investigating and handling drug-related criminal activities; (3) Obstructing drug inspection according to law; (4) Hiding, transferring, selling off or damaging the property involved in drug crimes that are sealed up, detained or frozen by judicial organs and administrative law enforcement organs according to law.

Article 61 Whoever allows others to take or inject drugs or introduces others to sell drugs, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the public security organ shall detain it for more than ten days and less than fifteen days, and may also impose a fine of not more than three thousand yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.

Article 62 Anyone who takes or injects drugs shall be given administrative penalties for public security according to law. Drug addicts who take the initiative to register with public security organs or receive drug treatment in qualified medical institutions shall not be punished.

Article 63 Anyone who, in violation of state regulations, engages in experimental research, production, management, use, storage, transportation, import and export of narcotic drugs and psychotropic drugs, as well as the cultivation of narcotic drugs' original plants, thus causing narcotic drugs, psychotropic drugs or narcotic drugs' original plants to flow into illegal channels, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished in accordance with the provisions of relevant laws and administrative regulations.

Article 64 In the production, operation, purchase, transportation, import and export activities of precursor chemicals, those who violate state regulations and cause precursor chemicals to flow into illegal channels, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished in accordance with the provisions of relevant laws and administrative regulations.

Sixty-fifth entertainment venues and their employees commit drug crimes, or provide conditions for people entering entertainment venues to commit drug crimes, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished in accordance with the provisions of relevant laws and administrative regulations.

Managers of entertainment venues who know that there are people taking drugs, injecting drugs or selling drugs in the venue and do not report to the public security organs shall be punished in accordance with the provisions of the preceding paragraph.

Article 66 Whoever engages in drug treatment business without approval shall be ordered by the administrative department of health to stop illegal business activities and confiscate the illegal income and the drugs, medical devices and other items used; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 67 If a medical institution for drug rehabilitation finds that the drug addicts receiving drug rehabilitation treatment take or inject drugs during the treatment period and do not report to the public security organ, the administrative department of health shall order them to make corrections; If the circumstances are serious, it shall be ordered to suspend business for rectification.

Sixty-eighth compulsory isolation drug rehabilitation centers, medical institutions and doctors use narcotic drugs and psychotropic drugs in violation of regulations, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished in accordance with the provisions of relevant laws and administrative regulations.

Article 69 Any staff member of the public security organ, the judicial administrative department or other relevant competent departments who commits any of the following acts in drug control, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law:

(1) shielding or conniving at drug criminals; (two) corporal punishment, abuse, insult and other acts of drug addicts; (3) Misappropriation, interception or deduction of funds for drug control; (four) unauthorized disposal of seized drugs and property related to drug-related criminal activities.

Article 70 If the relevant units and their staff discriminate against drug addicts in enrollment, employment and social security, the education and labor administrative departments shall order them to make corrections; If losses are caused to the parties concerned, they shall be liable for compensation according to law.

Chapter VII Supplementary Provisions

Article 71 This Law shall come into force as of June 6, 2008. The Decision of NPC Anti-drug Standing Committee shall be abolished at the same time.