Is illegal possession and drug trafficking the same crime?

Illegal possession and drug trafficking are two completely different crimes, and their criminal responsibilities are also different.

criminal law

Article 347 Crimes of smuggling, trafficking, transporting and manufacturing drugs Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, shall be investigated for criminal responsibility and punished.

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 more than one kilogram of sliced chicken, more than fifty grams of heroin or methamphetamine, or other drugs in relatively large quantities;

(2) The ringleader of a group that smuggles, sells, transports or manufactures toxic substances;

(3) Armed cover for smuggling, trafficking, transporting or manufacturing toxic substances;

(4) resisting inspection, detention or arrest by violence, if the circumstances are serious;

(5) Participating in organized international drug trafficking activities.

Whoever smuggles, sells, transports or manufactures chicken feet pieces weighing more than 200 grams but less than 1 kilogram, heroin or methamphetamine weighing more than 10 grams but less than 50 grams, or other drugs in large quantities, shall be sentenced to fixed-term imprisonment of more than seven years and fined.

Whoever smuggles, sells, transports or manufactures opium less than 200 grams, heroin or methamphetamine less than 10 grams or other small amounts of drugs 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.

Where a unit commits the crimes mentioned in the second, third and fourth paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of these paragraphs.

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.

Article 348 Crime of illegal possession of drugs Whoever illegally possesses more than one kilogram of sliced chicken, more than fifty grams of heroin or methamphetamine or other drugs in large 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.