First of all, answer whether the instigation constitutes the crime of drug trafficking:
1. If there is a profit-making purpose, it constitutes a crime of drug trafficking;
2. If there is no profit-making purpose, it does not constitute the crime of drug trafficking.
Secondly, if the gang takes a large number of drugs, the gang may constitute the crime of illegal possession of drugs;
Finally, if the drugs taken by the gang are transported for a long distance, the gang may constitute the crime of transporting drugs.
Legal basis:
Article 347 Crime 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 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 smuggles, sells, transports or manufactures 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 more than seven years and shall also be 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 Whoever illegally holds more than one kilogram of opium, 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.
Article 350 The crime of illegally producing, buying, selling, transporting or smuggling drugs violates state regulations. Whoever illegally produces, buys, sells or transports acetic anhydride, ether, chloroform or other raw materials and ingredients used in the manufacture of drugs, or carries the above-mentioned articles into or out of the country, if the circumstances are serious, 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; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated.
Whoever knowingly manufactures, buys, sells or transports the articles specified in the preceding paragraph for a drug manufacturer shall be punished for the crime of manufacturing drugs.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs.