China's criminal law does not stipulate the crime of drug abuse. However, drug abuse can easily lead to other crimes, and drug addicts are punished according to what crimes they have committed. Drug abuse alone does not constitute a crime, but it can be given administrative punishment or compulsory measures.
According to Article 72 of the Law on Public Security Administration Punishment, anyone who takes or injects drugs shall be detained by the public security organ at a maximum of 15, and may be fined at a maximum of 2,000 yuan alone or concurrently, and the drugs and apparatus for taking or injecting drugs shall be confiscated. Drug addicts who take or inject drugs should also be forced to quit, treated and educated. Those who take or inject drugs after compulsory detoxification can be given reeducation through labor, and compulsory detoxification can be carried out during reeducation through labor.
Article 8 of the National People's Congress Standing Committee (NPCSC)'s Decision on Drug Control stipulates:
Anyone who takes or injects drugs shall be detained by the public security organ for not more than 15 days, and may be fined not more than 2,000 yuan, and the tools for taking or injecting drugs shall be confiscated.
Drug addicts who take or inject drugs shall be given compulsory detoxification, treatment and education in addition to being punished in accordance with the provisions of the preceding paragraph.
Those who take or inject drugs after compulsory detoxification can be given reeducation through labor, and compulsory detoxification can be carried out in reeducation through labor. Only after a urine test can a drug-positive person be identified as a drug addict.
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From June 2065438 to June 2007, Xianyang Public Security Bureau issued the Notice on Urging Drug Addicts to Seek Leniency, hoping that drug addicts could voluntarily surrender themselves.
2065438+June 26th, 2007 is the 30th "June 26th" International Anti-Drug Day. In order to severely crack down on drug crimes, fully embody the policy of combining leniency with severity of the party and the government, and effectively curb the breeding and spread of drug crimes, Xianyang Municipal Public Security Bureau issued a notice in accordance with the Criminal Law, the Drug Control Law and other relevant laws and regulations.
1. Anyone who takes the initiative to inquire or register with public security organs at all levels in the city, police stations under their jurisdiction or local communities during this notice period and voluntarily participates in community drug rehabilitation shall be given a lighter, mitigated or exempted treatment; Those who refuse to appear in the case within the time limit or continue to carry out drug-related illegal and criminal activities will be resolutely punished according to law.
2. Those who take or inject opium, morphine, heroin, marijuana, ice, cocaine, ecstasy, ketamine (K powder) and other narcotic or psychotropic drugs controlled by the state and voluntarily return to society and voluntarily accept community detoxification within the period of this notice will no longer be forced to be isolated for detoxification; All criminals who have a criminal record of drug-related crimes or take drugs for the second time shall be given a lighter or mitigated punishment.
3. Drug addicts who have a criminal record of drug-related crimes or have been dealt with by public security organs for drug-related crimes shall be given a lighter, mitigated or exempted punishment according to law if they voluntarily surrender themselves and truthfully confess their crimes within the period of this notice. If the circumstances of the crime are minor, it shall be exempted from punishment according to law; Exposing and providing clues about illegal crimes, which are verified by the public security organs and have made meritorious deeds, shall be given a lighter or mitigated punishment according to law; Those who have made significant meritorious service shall be mitigated or exempted from punishment according to law.
Four, relatives and friends of drug addicts, family members should actively persuade drug addicts to voluntarily surrender and accept leniency. Those who surrender themselves accompanied by relatives and friends, or those who are arrested by the public security organs after reporting the case voluntarily, shall be deemed to have surrendered themselves voluntarily, and the punishment shall be mitigated or exempted according to law.
Five, hotels, entertainment service places, rental housing owners and employees found that all illegal acts in this field, must stop and immediately report to the public security organs, to neither stop nor report, shall be investigated for the responsibility of the person in charge of the unit and the relevant personnel, if the circumstances are serious, shall be investigated for criminal responsibility.
Six, within the prescribed time limit, the public security organs will be severely punished according to law. Those who finance, harbor or shield drug criminals, or provide assistance for drug criminals to tip off information or destroy evidence, which constitutes a crime, will be investigated for criminal responsibility according to law.
Seven, to encourage the masses to actively fight against all kinds of drug crimes, to expose and provide clues to illegal crimes, to help capture drug-related personnel, according to the provisions of the reward, and protect their legitimate rights and interests. Threatening or retaliating against informants, accusers and witnesses will be severely punished according to law.