Conditions for filing a drug case

Smuggling, trafficking, transporting and manufacturing drugs] Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should be filed for prosecution. Smuggling as mentioned in this article refers to the act of illegally transporting, carrying and delivering drugs abroad (territory) knowing that they are drugs. Whoever illegally buys smuggled drugs directly from smugglers, or transports or buys or sells drugs in inland seas, territorial seas, boundary rivers and lakes shall be punished as the crime of smuggling drugs.

Conditions for filing a drug case:

1。 Illegal manufacture, trafficking and transportation of opium, heroin, morphine, marijuana and other drugs, regardless of the quantity, should be put on file in principle.

2。 Those who provide places and drugs and allow others to take them and profit from them shall be placed on file for drug trafficking.

3。 Whoever manufactures, sells or transports counterfeit drugs shall be placed on file for the crime of manufacturing, selling or transporting drugs.

4。 Whoever knowingly carries, mails or consigns drugs illegally shall be placed on file for the crime of transporting drugs.

How is the crime of drug trafficking generally punished?

(1) Less than three years:

1。 Smuggling, selling, transporting or manufacturing opium of less than 200 grams;

2。 Heroin or methamphetamine is less than10g;

3。 A small amount of other drugs.

(two) three to seven years:

1。 Smuggling, trafficking, transporting and manufacturing opium140g to 200g;

2。 7 grams of heroin or methamphetamine to 10 grams;

3。 The same amount of other drugs;

4。 State functionaries smuggle, manufacture, transport or sell drugs;

5。 Selling drugs in drug rehabilitation supervision places;

6。 Drug trafficking to many people or drug trafficking for many times;

7。 Other serious acts.

(3) Seven to fifteen years:

1。 Smuggling, trafficking, transporting or manufacturing opium of more than 200g1000g;

2。 Heroin or methamphetamine10g to 50g;

3。 Lots of other drugs.

(1) Amphetamine drugs (except methamphetamine) are less than 20g100g;

(2) hemp oil 1 kg is less than 5 kg, cannabis resin is less than 2 kg 10 kg, and cannabis leaf and tobacco are less than 30 kg 150 kg;

(three) cocaine 10 grams but less than 50 grams;

(four) more than twenty grams of morphine and less than one hundred grams;

(5) Demerol (Demerol) is more than 50g and less than 250g (injection 1000 mg/tablet is more than 500 tablets and less than 2500 tablets, and 50mg/ tablet is more than1000 tablets and less than 5000 tablets; 25mg/ tablet with a specification of more than 2,000 tablets but less than 10000 tablets, 50mg/ tablet with a specification of more than 1000 tablets but less than 5,000 tablets);

(6) dihydroetorphine hydrochloride is more than 2mg and less than10mg (20μ g/tablet for injection or tablet, 100 tablet, more than 500 tablets but less than 500 tablets);

(7) Caffeine is more than 50 kg but less than 200 kg;

(eight) poppy shell more than fifty kilograms but less than two hundred kilograms;

(9) The quantity of drugs other than the above drugs is relatively large.

(4) Fifteen years, life, death penalty:

1。 Smuggling, trafficking, transporting or manufacturing opium1000g or more;

2。 Heroin or methamphetamine exceeds 50 grams;

3。 A large number of other drugs;

(1) Amphetamines100g or more (except methamphetamine);

(two) five kilograms of sesame oil, ten kilograms of cannabis resin, more than one hundred and fifty kilograms of cannabis leaves and cannabis cigarettes;

(3) More than 50 grams of cocaine;

(4) Morphine100g or more;

(5) Demerol (Demerol) is more than 250g (injection 100mg/ tablet is more than 2500 tablets, and 5000 tablets is more than 50mg/ tablet; 25mg/ tablet size 10000 or more, 50mg/ tablet size 5000 or more);

(6) dihydroetorphine hydrochloride 10 mg or more (20 μ g for injection or tablets, with tablet specifications of more than 500 tablets);

(7) More than 200 kilograms of caffeine;

(8) More than 200 kilograms of poppy shells;

(9) The amount of drugs other than the above drugs is relatively large.

4。 Ringleaders of drug smuggling, trafficking, transporting and manufacturing groups;

5。 Armed cover for smuggling, trafficking, transporting and manufacturing drugs;

6。 Resisting inspection, detention or arrest by violence, if the circumstances are serious;

7。 Participate in organized international drug trafficking activities.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis: Article 347 of the Criminal Law of People's Republic of China (PRC).

Smuggling, trafficking, transporting and manufacturing drugs, regardless of the quantity, should 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.