Whoever illegally possesses opium of more than one kilogram, heroin or methamphetamine of more than fifty grams or other drugs in huge quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined; Whoever illegally possesses opium of more than 200 grams but less than 1 kilogram, heroin or methamphetamine of more than 10 grams but less than 50 grams, or other drugs in relatively large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. The crime of drug trafficking is objectively manifested as the behavior of the perpetrator selling drugs. Trafficking refers to the illegal transfer of drugs or the illegal purchase of drugs for the purpose of trafficking, knowing that they are drugs. Paid drug transfer refers to the actor transporting drugs to the other party and obtaining material benefits from the other party. The mode of trafficking can be public or secret; Either the actor asks the other party to buy, or the other party asks the actor to transfer; Can be delivered directly or indirectly to the other party.
What are the criteria for determining the crime of drug trafficking?
1, the main constituent elements of the crime of drug trafficking, the subject of the crime of drug trafficking is the general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can become the subject of the crime of drug trafficking.
2. The object of drug trafficking crime is the national drug management system and people's life and health.
3. The crime of drug trafficking is objectively manifested as the behavior of drug trafficking by the perpetrator.
4. The crime of drug trafficking is subjectively intentional, but directly intentional, that is, selling knowing that it is a drug, and negligence does not constitute the crime of drug trafficking.
Legal basis:
Criminal law of the people's Republic of China
Article 347 Whoever smuggles, sells, transports or manufactures drugs, regardless of the quantity, shall be investigated for criminal responsibility and given criminal punishment.
Whoever smuggles, sells, transports or manufactures drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 15 years, life imprisonment or death, and shall also have his property confiscated:
(1) Smuggling, trafficking, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than fifty grams or other drugs in large quantities;
(2) ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;
(3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;
(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;
(5) Participating in organized international drug trafficking activities.
Whoever uses or instigates minors to smuggle, sell, transport or manufacture drugs, or sells drugs to minors, shall be given a heavier punishment. Smuggling, trafficking, transporting and manufacturing drugs for many times, without treatment, the amount of drugs shall be calculated cumulatively. "