Narcotics Control Law of the People's Republic of China

Narcotics Control Law of the People's Republic of China 中华人民共和国禁毒法 Order of the President of the People's Republic of China (No.79) Narcotics Control Law of the People's Republic of China, which was adopted at the 31st meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on December 29th, 2007, is hereby promulgated, and shall come into force as of June 1st, 2008. President of the People's Republic of China: Hu Jintao December 29th, 2007 Narcotics Control Law of the People's Republic of China (Adopted at the 31st meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on December 29th, 2007) Table of Contents Chapter I General Provisions Chapter II Publicity and Education about Narcotics Control Chapter III Narcotics Control Chapter IV Measures for Drug Rehabilitation Chapter V International Cooperation in Narcotics Control Chapter VI Legal Responsibility Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for the purpose of preventing and punishing drug-related illegal and criminal behaviors, protecting the physical and mental health of citizens and maintaining social order. Article 2 The term “narcotics” as mentioned in this Law refers to opium, heroin, methamphetamine (ice), morphine, cannabis, cocaine, and other narcotics and psychotropic drugs which are under the state control and addictive. Narcotics and psychotropic drugs can be legally manufactured, traded, used, stored and transported for medical needs, teaching needs and scientific research needs. Article 3 Narcotics control is a joint liability of the whole society. State organs, social groups, enterprises, public institutions as well as other organizations and individuals shall fulfill the duty or obligation of narcotics control in accordance with this Law and other related legal provisions. Article 4 Narcotics control shall follow the guidelines of giving priority to prevention, practicing all-round control, and banning the planting, manufacture, trafficking and abuse of drugs simultaneously. The mechanism of unified governmental leadership, having the related departments responsible for their respective duties and having the public extensively involved shall be applied to narcotics control work. Article 5 The State Council has established a national narcotics control committee, which shall take charge of organizing, coordinating and guiding the narcotics control work of the whole nation. The local people's government at or above the county level may, in light of the local needs of narcotics control work, establish a narcotics control committee to be in charge of organizing, coordinating and guiding the narcotics control work of this administrative region. Article 6 The local people's government at or above the county level shall bring the narcotics control work into the national economic and social development plan, and list narcotics control expenses into the fiscal budget of this administrative level. Article 7 The state encourages all social circles to make donations to the narcotics control work, and gives tax preferences to them according to law. Article 8 The state encourages making scientific and technological research on narcotics control and promoting advanced technology and equipment for seizing drugs and traffickers as well as methods for drug rehabilitation. Article 9 The state encourages citizens to report drug-related offenses and crimes. The people's governments at all levels and the related departments shall protect reporters, and commend and reward persons worthy of merit in reporting crimes as well as entities and individuals that have made outstanding contributions in the narcotics control work. Article 10 The state encourages volunteers to take part in narcotics control publicity and education work as well as social services for drug rehabilitation. The local people's governments at all levels shall guide and train volunteers and provide necessary working conditions for them. Chapter II Publicity and Education on Narcotics Control Article 11 The state shall take various forms to conduct the publicity and education work about narcotics control to all people, popularize knowledge about drug prevention, increase citizens' awareness of narcotics control and enhance their capability for resisting the temptation of drugs. The state encourages citizens and organizations to conduct narcotics control publicity activities of a nature of public welfare. Article 12 The people's governments at all levels shall organize various forms of narcotics control publicity and education activities regularly. Labor unions, the communist youth leagues and all-women federations shall organize and conduct narcotics control publicity and education activities in light of the characteristics of their respective work objects. Article 13 Administrative departments of education and schools shall bring narcotics control knowledge into the scope of contents to be taught, and make narcotics control publicity and education toward students. Public security organs, administrative departments for justice and administrative departments of health shall give assistance. Article 14 Entities in fields like news, publication, culture, radio, film and television shall pertinently make narcotics control publicity and education toward the public Article 15 Operators and managers in charge of airports, railway stations, long-distance bus stations, docks, hotels, recreation places and other public places shall be responsible for the narcotics control publicity and education work of their respective places, carry out preventive measures for narcotics control, and prevent the occurrence of drug-related illegal and criminal acts in such places. Article 16 State organs, social groups, enterprises, public institutions and other organizations shall make more efforts in carrying out narcotics control publicity and education work toward their workers. Article 17 Residents' committees and villagers' committees shall assist the people's government, public security organ and other related departments in carrying out narcotics control publicity and education, and preventive measures for narcotics control. Article 18 Minors' parents or other guardians shall educate the minors about the harmfulness of drugs and prevent them from taking in or injecting drugs or conducting other drug-related illegal or criminal activities. Chapter III Narcotics Control Article 19 The state controls the planting of original plants used for manufacturing narcotic drugs, prohibits illegal planting of poppy, coca, marijuana and other original plants which are under state control and can be used to abstract or process drugs, and prohibits smuggling or illegally trading, transporting, carrying or possessing seeds or seedlings of original plants of drugs which have not been inactivated. Where a local people's government finds out any illegally planted original plant of drugs, it shall immediately stop the planting and root the plant out. Where a residents' committee or a villagers' committee finds out any illegally planted original plant of drugs, it shall immediately stop the planting and root the plant out, and report the situation to the local public security organ. Article 20 Enterprises permitted by the state to plant original plants of narcotic drugs must plant original plants of narcotic drugs in accordance with the related state provisions. Places for enterprises permitted by the state to plant original plants of narcotic drugs to abstract and process narcotic drugs as well as warehouses set up by the state for storing narcotic drugs shall be listed as the state's important targets under watch. Where anyone enters, without permit, into a plant for enterprises permitted by the state to plant original plants of narcotic drugs to abstract and process narcotic drugs or a warehouse set up by the state for storing narcotic drugs, the guards shall order him to leave immediately; if he refuses to leave, the guards shall force him to leave. Article 21 The state exercises control over narcotic drugs and psychotropic drugs, and practices the licensing system and the examination and inspection system to the experimental research, manufacture, trading, use, storage and transportation of such drugs. The state practices the licensing system to the manufacture, trading and transportation of precursor chemicals. It is prohibited to illegally manufacture, trade, transport, store, provide, hold or use narcotic drugs, psychotropic drugs and precursor chemicals. Article 22 The state practices the licensing system to the import and export of narcotic drugs, psychotropic drugs and precursor chemicals. The related departments under the State Council shall administer the import and export of narcotic drugs, psychotropic drugs and precursor chemicals in accordance with their prescribed duties and functions. It is prohibited to smuggle narcotic drugs, psychotropic drugs and precursor chemicals. Article 23 Where any narcotic drugs, psychotropic drugs or precursor chemicals are stolen, robbed, lost, or diverted into illegal channels, the involved entity shall immediately take necessary control measures, and report the situation to the public security organ immediately and to the competent department in accordance with the relevant provisions. The public security organ shall, after receiving such report, or when it has evidence to prove that any narcotic drugs, psychotropic drugs or precursor chemicals may be diverted into illegal channels, start an investigation betimes, and may take necessary control measures against the related entities. The drug supervisory management department, the administrative department of health and other related department shall cooperate with the public security organ. Article 24 It is prohibited to illegally impart manufacturing methods of narcotic drugs, psychotropic drugs or precursor chemicals. The public security organ shall, once it is informed of or finds out such situation, investigate it and give punishments according to law. Article 25 The specific measures for the admini......