Yunnan Dehong Anti-drug Regulations

Chapter I General Provisions Article 1 In order to protect the physical and mental health of citizens, maintain social order, and ensure the smooth progress of socialist economic construction and socialist spiritual civilization construction, illegal and criminal acts of smuggling, manufacturing, selling, transporting, smoking (including injecting, the same below) drugs and planting opium poppy and other drug plants are strictly prohibited. According to the Constitution of People's Republic of China (PRC), the Law on Regional National Autonomy in People's Republic of China (PRC), the Criminal Law of People's Republic of China (PRC), the Decision of NPC Standing Committee on Severely Punishing Criminals Who Seriously Destroy the Economy, the Supplementary Provisions of NPC Standing Committee on Punishing Smuggling Crime, the Regulations of the People's Republic of China on Administrative Penalties for Public Security and the Regulations of Yunnan Province on Administrative Penalties for Drug Control. Article 2 Drugs mentioned in these Regulations refer to opium, morphine, heroin, wampee and other narcotic drugs that can make people addicted. Article 3 Illegal and criminal acts of smuggling, manufacturing, selling, transporting, smoking drugs and planting opium poppy and other original drugs in this state shall be punished in accordance with these regulations. Article 4 Whoever smuggles, manufactures, sells, transports drugs and plants opium poppy and other original drugs in this state, regardless of the quantity, shall put on file for investigation. All drug addicts must give up their addiction. Fifth states and counties (cities) shall set up leading agencies for drug control, and public security organs shall set up specialized agencies to take charge of drug control within their respective administrative areas.

State, county (city) set up perennial drug rehabilitation centers, and towns set up drug rehabilitation centers or run drug rehabilitation classes as needed. Drug rehabilitation centers (classes) are under the responsibility of public security organs at the same level, and civil affairs, health and other departments participate in the management.

State, county (city) to set up drug rehabilitation funds, included in the state, county (city) budget; The funds needed for the establishment of drug rehabilitation centers or classes in towns and villages shall be included in the township financial budget. Article 6 All state organs, social organizations, enterprises and institutions, urban and rural autonomous organizations and all citizens in this state must abide by these regulations. Article 7 These Regulations shall apply to foreigners and stateless persons who violate these Regulations, unless there are special provisions in national laws and regulations. Article 8 The punishment procedures stipulated in these Regulations and the appeal, appeal, application for reconsideration or administrative proceedings against punishment shall be handled with reference to the relevant provisions of existing laws and regulations. Article 9 The departments of public security, customs, industry and commerce in this state and the Chinese People's Armed Police Force should not only perform their respective duties, but also cooperate with each other and fight together. The relevant departments shall, in accordance with the relevant provisions, handle the division of jurisdiction over drug cases seized. Chapter II Smuggling, Manufacturing, Trafficking and Transportation of Drugs Article 10 Whoever smuggles drugs by means of transportation, carrying, mailing or other means shall be sentenced to fixed-term imprisonment of not less than seven years in accordance with the provisions of Article 1 of the Supplementary Provisions of the NPC Standing Committee on Punishment of Smuggling Crime, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment or death, and his property shall be confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than seven years and fined.

Whoever buys drugs directly from drug smugglers in this state shall be punished as smuggling. Article 11 Whoever manufactures, sells or transports drugs shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may also be fined in accordance with the provisions of the first paragraph of Article 171 of the Criminal Law of People's Republic of China (PRC).

Whoever manufactures, sells or transports drugs continuously or in large quantities shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated in accordance with the provisions of the second paragraph of Article 171 of the Criminal Law of People's Republic of China (PRC).

Whoever commits the crime of drug trafficking, if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty and may also have his property confiscated in accordance with Article 1 (1) of the Decision of the NPC Standing Committee on Severely Punishing Criminals who Seriously Destroy the Economy. Article 12 It is strictly forbidden to plant opium poppy and other original drug plants. Offenders shall be detained for not more than 15 days in accordance with Article 31 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security, and may be fined not more than 3,000 yuan.

Those who plant a large number of original plants of drugs such as opium poppy shall be punished as the crime of manufacturing drugs. If it is automatically eradicated or destroyed before pulp cutting or harvesting, the punishment may be mitigated or exempted. Thirteenth smuggling or illegal sales of acetic anhydride, ether, chloroform, ammonium chloride and other chemicals. , can be used to manufacture drugs, shall be punished in accordance with the relevant laws and regulations of the state. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Whoever provides the chemicals listed in the preceding paragraph to others to manufacture drugs and conspires in advance shall be punished as the * * * offender of the crime of manufacturing drugs. Article 14 Whoever harbors or falsely reports harboring criminals who smuggle, manufacture, sell or transport drugs shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance in accordance with the provisions of the second paragraph of Article 162 of the Criminal Law of People's Republic of China (PRC); If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

Whoever commits the crime mentioned in the preceding paragraph and conspires in advance shall be punished as an accomplice.

State functionaries who use their positions to shield criminals who smuggle, manufacture, sell or transport drugs and conceal the facts of the crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or deprivation of political rights in accordance with Article 1 (3) of the Decision of the NPC Standing Committee on Severely Punishing Criminals who Seriously Destroy the Economy and Article 188 of the Criminal Law of People's Republic of China (PRC). If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years.