Drugs Prohibition Law of the People's Republic of China
Drugs Prohibition Law of the People's Republic of China
Drugs Prohibition Law of the People's Republic of China
Order of the President [2007] No. 79
December 29, 2007
The Drugs Prohibition Law of the People's Republic of China, adopted at the 31st Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2007, is hereby promulgated and shall go into effect as of June 1, 2008.
President of the People's Republic of China: Hu Jintao
Appendix: Drugs Prohibition Law of the People's Republic of China
(Adopted at the 31st Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007)
Contents
Chapter I General Provisions
Chapter II Dissemination of and Education in the Need to Fight Against Drugs
Chapter III Drug Control
Chapter IV Measures for the Cure of Drug Addiction
Chapter V International Drugs Prohibition Cooperation
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of preventing and punishing criminal offences related to narcotic drugs, protecting the health of citizens both in body and in mind and maintaining social order.
Article 2 For the purposes of this Law, narcotic drugs include opium, heroin, methylaniline (ice), morphine, marijuana, cocaine and other narcotic and psychotropic substances that are addictive and are kept under control according to State regulations.
To meet the need of medical treatment, teaching or research, narcotic or psychotropic substances may be manufactured, marked, used, stored or transported in accordance with law.
Article 3 Fighting against narcotic drugs is the duty of the entire society. Government departments, public organizations, enterprises, institutions and other organizations and citizens shall, in accordance with the provisions of this Law and the relevant laws, perform their duty or obligation of fighting against narcotic drugs.
Article 4 In the fight against narcotic drugs, the principles of putting prevention first while tackling the problem in a comprehensive manner, and imposing a simultaneous ban on cultivating and manufacturing of, trafficking in, and ingesting or injecting of narcotic drugs.
In the fight against narcotic drugs, a working mechanism shall be applied under which the government exercises unified leadership, with the relevant departments performing their respective responsibilities and all sectors of the society participating in the fight.
Article 5 The State Council shall establish a national drugs prohibition committee, which shall take charge of organizing, coordinating and giving guidance to the fight against narcotic drugs nationwide.
The local people's governments at or above the county level may, in light of the need for the fight against narcotic drugs, establish drugs prohibition committees, which shall be responsible for organizing, coordinating and giving guidance to the fight against narcotic drugs in their own administrative areas.
Article 6 The people's governments at or above the county level shall include the fight against narcotic drugs in their plans for national economic and social development, and include the funds for the fight in their budgets.
Article 7 The State encourages public donations for the fight against narcotic drugs and shall, in accordance with law, adopt preferential tax policies towards donors.
Article 8 The State encourages scientific and technological research in prohibition of narcotic drugs, and promotes the wide use of advanced technologies and equipment in the fight against drug trafficking and of the advanced methods for treatment of drug addiction.
Article 9 The State encourages citizens to report criminal offences related to narcotic drugs. People's governments at all levels and the relevant departments shall protect the informants, commend or reward the reporting persons who have performed meritorious deeds and the units or individuals that have made outstanding contribution to the fight against narcotic drugs.
Article 10 The State encourages volunteers to participate in the dissemination of and education in the need to fight against narcotic drugs and to provide social services for treatment of drug addiction. The local people's governments at all levels shall give guidance to the volunteers and conduct training among them, and provide them with the necessary working conditions.
Chapter II Dissemination of and Education in the Need to Fight Against Drugs
Article 11 The State shall, through various forms and among all the people, carry out dissemination of and education in the need to fight against narcotic drugs, in order to popularize knowledge about the need to prevent drug addiction, enhance citizens' awareness of the importance of the fight against narcotic drugs, and help raise citizens' consciousness to resist narcotic drugs.
The State encourages citizens and organizations to carry out dissemination of the need to fight against narcotic drugs for the public good.
Article 12 People's governments at all levels shall, in various forms, organize and carry out regular dissemination of and education in the need to fight against narcotic drugs.
Trade unions, Communist youth leagues and women's federations shall, in light of the characteristics of the different groups of people they work among, organize efforts to carry out dissemination of and education in the need to fight against narcotic drugs.
Article 13 The administrative departments for education and schools shall include knowledge about the fight against narcotic drugs in education and teaching, to disseminate among the students knowledge about the need to fight against narcotic drugs. Public security organs, judicial administration departments and administrative departments for health shall provide assistance in this regard.
Article 14 The press, publishing, cultural, radio, film and television institutions and the relevant units shall, in light of their specific audience, carry out dissemination of and education in the need to fight against narcotic drugs.
Article 15 Operators and managers of such public places as airports, railway stations, long-distance bus stations, wharves, hotels and recreation centers shall be responsible for dissemination of and education in the need to fight against narcotic drugs in their own places and implement the measures against narcotic drugs, to prevent the criminal offences related to narcotic drugs in their own places.
Article 16 Government departments, public organizations, enterprises, institutions and other organizations shall step up dissemination of and education in the need to fight against narcotic drugs among their staff members.
Article 17 Residents' committees and villagers' committees shall assist the people's governments, public security organs and other departments in their efforts to step up dissemination of and education in the need to fight against narcotic drugs and put into practice the measures against narcotic drugs.
Article 18 The parents or other guardians of minors shall educate the minors in the harm of narcotic drugs, and prevent them from ingesting or injecting narcotic drugs or committing any other criminal offences related to such drugs.
Chapter III Drug Control
Article 19 The State exercises control over the cultivation of the mother plants of the narcotic drugs for medical use. Illegal cultivation of the plants of opium poppy, coca, marijuana and of other mother plants that may be used for refining or processing narcotic drugs and that are kept under control according to State regulations is prohibited. Smuggling, trafficking in, transporting, carrying or possessing of the seeds or seedlings of the mother plants of narcotic drugs which are not inactivated is prohibited.
Local people's governments at all levels shall, once discovering the illegal cultivation of the mother plants of narcotic drugs, immediately take measures to stop it and to uproot the said plants.
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