Notice on Prevention of Violations and Crimes Involving Non-medical use Narcotic and Psychotropic Drugs and their Precursors

Promulgation Date: 2019-8-1
Title: Notice on Prevention of Violations and Crimes Involving Non-medical use Narcotic and Psychotropic Drugs and their Precursors
Document Number:
Expiration date: 
Promulgating Entities:General Office of the China National Narcotics Control Commission
Source of text: http://www.mps.gov.cn/n6557558/c6635595/content.html

Notice is hereby given as follows, in accordance with relevant national laws and regulations so as to truly strengthen control of non-medical use narcotic and psychotropic drugs and precursors, and to effectively stop this type of illegal and criminal activities:

1. On the basis of article 350 of the "Criminal Law of the People's Republic of China" it is strictly prohibited for any organization or individual to unlawfully produce, trade in, or transport acetic acid, diethyl ether, tricloromethane or other materials or reagents used in the manufacture of drugs, or carrying the above mentioned items across borders. [into or out of the mainland] It is strictly prohibited for any organization or individual to produce, trade in, or transport the items provided for in the preceding paragraph for other people that they know are producing drugs.

2. Based on relevant provisions of the "Criminal Law of the People's Republic of China", producing, selling, transporting, importing or exporting unlisted substances that one knows will be used in the illegal production of non-medical use narcotic or psychotropic drugs, is to be dealt with as the crime of producing drugs.

3. On the basis of articles 21 and 22 of the "Criminal Law of the People's Republic of China" it is strictly prohibited for any organization or individual to unlawfully produce, trade in, transport, store, possess, or use narcotic or psychotropic drugs or their chemical precursors. It is strictly prohibited for any organization or individual to smuggle narcotic or psychotropic drugs, or their chemical precursors.

4. On the basis of the provisions of the "Measures on the Listing and Control of Non-medical use Narcotic and Psychotropic Drugs", in addition to the narcotic and psychotropic drugs listed in the "Supplemental Directory of Non-medical use Narcotic and Psychotropic Drugs", their possible salts, optical isomers, and their salts, are also included.

5. On the basis of article 5 of the "Regulation on the Control of Chemical Precursors", it is strictly prohibited for any organization or individual to smuggle or unlawfully produce, trade in, purchase, transfer, or transport chemical precursors used in drug production.. It is strictly prohibited to use cash or physical items to conduct exchanges for chemical precursors used in drug production. It is strictly prohibited for individuals to carry chemical precursors used in drug production into or out of the [mainland] country, except for preparations of medical compounds and potassium permanganate for reasonable personal use.

6. On the basis of article 47 of the "Provisions on the Administration of the Import/Export of Chemical Precursos used to Make Drugs"; it is strictly prohibited for any organization or individual to import or export drug precursors without a permit or exceeding the scope of their permit, and it is strictly prohibited for individuals to carry drug precursors into or out of the [mainland] country, except for preparations of medical compounds and potassium permanganate for reasonable personal use.

7. Where the post, logistics companies, and couriers discover the illegal mailing, transport, or carrying of suspected non-medical use narcotic or psychotropic drugs, drug precursors, or raw materials or formulations for making drugs, they shall immediately report to the public security organs or customs, and cooperate with the public security organs or customs in conduct an investigation. The post, logistics companies, and couriers shall truthfully record or retain the information above.

8. Where any unit or individual rents out or transfers reaction kettles, centrifuges, oxygen cylinders, or other such special equipment, they shall truthfully register the renting or authorized enterprises' or individuals' information, and promptly report the registry information to the production safety oversight department and public security organs for the county (city, district) in which they are located.

9. Where one clearly knows that certain types of non-medical use narcotic or psychotropic drugs or drug precursors are controlled abroad as drugs or drug precursors, but still produces, sells, or smuggles them to that nation, they might face criminal charges or sanctions from that country's law enforcement departments.

10. Encourage the general public to report new illegal and criminal conduct involving psychotropic substances and other drugs or chemical precursors used in drug production. Where reports prove true, rewards are to be given in accordance with relevant provisions. Relevant departments are to keep reported information strictly confidential, and protect informants in accordance with law.

Notice is hereby given.

General Office of the China National Narcotics Control Commission

2019/8/1