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. When villagers’ committees or residents’ committees discover the illegal cultivation of the mother plants of narcotic drugs, they shall stop it and uproot the said plants without delay, and report the matter to the local public security organs.

Article 20 Enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use shall do so according to relevant State regulations.

The premises for extracting or processing narcotic drugs of the enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use and the warehouses established by the State for storing narcotic drugs shall be included in the list of the key places for security.

Any person who, without permission, enters the security areas such as the premises for extracting or processing narcotic drugs of the enterprises that are designated by the State to cultivate the mother plants of narcotic drugs for medical use and the warehouses established by the State for storing narcotic drugs shall be ordered by the security people to leave the said areas immediately; if he refuses to do so, he shall be escorted out of the place by force.

Article 21 The State exercises control over narcotic and psychotropic substances by applying a license system and an inspection system to the experiment and research in the said substances, and to their manufacture, marketing, use, storage and transport.

The State applies a license system to the manufacture, marketing, purchase and transport of the chemical materials that can easily be transformed into narcotic drugs.

Illegal manufacture, trafficking, transport, storage, supply, possession or use of narcotic and psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs is prohibited.

Article 22 The State applies a license system to the import and export of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs. The relevant departments under the State Council shall, in compliance with their defined duties and in accordance with law, exercise control over the import and export of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs. Smuggling of narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs is prohibited.

Article 23 Where narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs are stolen, robbed or lost, or flow into illegal channels in other manners, the unit concerned shall, without delay, take the necessary control measures and report the matter to the public security organ and, at the same time, to the relevant competent departments in accordance with regulations.

After receiving the aforesaid report, or where there is evidence to prove the possibility of the flow into illegal channels of narcotic or psychotropic substances or the chemical materials that can easily be transformed into narcotic drugs, the public security organ shall conduct investigation in a timely manner and may take the necessary control measures with respect to the unit concerned. The drug regulatory department, the administrative department for health and the relevant departments shall cooperate with the public security organ in its work.

Article 24 Illegal imparting of the methods for manufacturing narcotic or psychotropic substances or the chemical materials that can easily be transformed into such drugs is prohibited. The public security organ shall, upon receiving a report on or discovering such imparting, investigate and punish the violation in a timely manner according to law.

Article 25 The specific measures for control over narcotic and psychotropic substances and the chemical materials that can easily be transformed into narcotic drugs shall be formulated by the State Council.

Article 26 The public security organs may, in light of the need for investigating and suppressing narcotic drugs, inspect the incoming and outgoing persons, articles, goods and means of transportation at border areas, vital communication lines and ports and at airports, railway stations, long-distance bus stations and wharves to see whether there are narcotic drugs or the chemical materials that can easily be transformed into narcotic drugs. The civil aviation, railway and communications departments shall cooperate in this respect.

The customs shall, in accordance with law, closely inspect the persons, articles, goods and means of transportation that enter and leave the ports, in order to prevent the smuggling of narcotic drugs or the chemical materials that can easily be transformed into narcotic drugs.

Postal service enterprises shall, in accordance with law, closely inspect the mail, in order to prevent the mailing of narcotic drugs and the illegal mailing of chemical materials that can easily be transformed into narcotic drugs.

Article 27 A patrol system shall be set up for recreation centers, under which criminal offences related to narcotic drugs, once discovered, shall be reported to public security organs without delay.

Article 28 Narcotic drugs, instruments for ingesting or injecting narcotic drugs, unlawful gains earned through criminal offences related to narcotic drugs and the profits derived therefrom, and the instruments, equipment and funds owned by the offenders that are directly used for the said offences shall be confiscated, and be disposed of according to regulations.

Article 29 The administrative department in charge of anti-money laundering shall, in accordance with law, rigorously monitor the funds suspected of being used in drug-related offences. The said department and the other departments or authorities charged, in accordance with law, with the duty of supervising anti-money laundering shall, upon discovering the flow of funds that are suspected of being used in drug-related offences, report the matter to the investigation organs in a timely manner and cooperate with the latter in investigation.

Article 30 The State establishes a sound system for monitoring narcotic drugs and an information system for the fight against narcotic drugs, to monitor activities related to narcotic drugs and to collect, analyze, use and exchange the information related to the fight against such drugs.