Brief introduction of Fujian anti-drug regulations

(adopted at the 19th meeting of the Standing Committee of the 12th People's Congress of Fujian Province on October 27th, 2005165438)

Chapter I General Provisions

Article 1 In order to prevent and punish drug-related crimes, protect citizens' physical and mental health, and maintain social order, these Regulations are formulated in accordance with the Anti-drug Law of People's Republic of China (PRC), the Regulation on Drug Rehabilitation and other relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the anti-drug work within the administrative area of this province.

Article 3 Drugs mentioned in these Regulations refer to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine, ketamine (K powder) and other narcotic drugs and psychotropic substances that can make people addicted as stipulated by the state.

Article 4 Drug control is the common responsibility of the whole society, and the working mechanism of unified leadership of the government, respective responsibilities of relevant departments and extensive participation of the society is implemented. Drug control work focuses on prevention and comprehensive treatment, implements the policy of banning seeds, trafficking and smoking at the same time, and adheres to the principle of combining education with punishment.

Article 5 Local people's governments at or above the county level shall incorporate drug control work into their national economic and social development plans, and include drug control funds in their fiscal budgets at the corresponding levels to ensure the needs of drug control work. Local people's governments at all levels should incorporate drug control into the comprehensive management of social security.

Article 6 Local people's governments at or above the county level shall set up anti-drug committees to be responsible for organizing, coordinating and guiding the anti-drug work within their respective administrative areas. The duties of the Narcotics Control Committee are: (1) to formulate the anti-drug work plan and annual work target of the administrative region; (2) Establishing a drug control coordination and cooperation mechanism and an information sharing system; (3) Organizing anti-drug publicity and education; (four) to organize the investigation and evaluation of the current situation and development trend of the drug problem within their respective administrative areas; (five) to urge the member units of the Narcotics Control Committee to complete the task of drug control; (six) to guide and inspect the drug control work of the drug control committees at lower levels; (seven) to complete other anti-drug work assigned by the superior anti-drug committee and the people's government at the same level. The member units of the Narcotics Control Committee at all levels shall, according to the work arrangement of the Narcotics Control Committee, determine the responsible leaders and staff, arrange special funds, and implement the deployment and requirements of the drug control work.

Seventh township (town) people's governments and urban neighborhood offices shall do a good job in drug control publicity and education, community drug rehabilitation and community rehabilitation according to law. Village (neighborhood) committees shall assist the people's governments and relevant departments to carry out anti-drug publicity and education, drug prevention, community drug rehabilitation, community rehabilitation, drug addicts' assistance and education, and anti-drug shovel work. Public security organs, judicial administration, health administration and other departments shall provide guidance and support for community drug rehabilitation and community rehabilitation.

Article 8 Citizens are encouraged to report drug crimes. Local people's governments at all levels should establish and improve the reward system for reporting drug crimes, keep the identity information of informants confidential, protect their personal safety, and reward those who have made meritorious service in reporting drug crimes and units and individuals who have made outstanding contributions in drug control work.

Article 9 Encourage the establishment of anti-drug voluntary service organizations, and support social organizations such as anti-drug volunteers and voluntary service organizations to participate in anti-drug publicity and education and social services for drug rehabilitation.

Chapter II Anti-drug Publicity and Education

Article 10 Local people's governments at all levels should incorporate anti-drug publicity and education into civic quality and legal education, carry out normalized anti-drug publicity and education according to the actual situation of local anti-drug work, set up anti-drug education bases, open them to the society free of charge, and enhance the anti-drug awareness of the whole society.

Eleventh judicial administrative departments shall, jointly with relevant departments, formulate anti-drug publicity and education plans and organize anti-drug publicity and education work.

Article 12 Public security organs shall, jointly with relevant departments, formulate and implement anti-drug education and training plans, and regularly train relevant personnel of state organs, social organizations and grass-roots organizations engaged in anti-drug work.

Thirteenth education administrative departments should incorporate drug control knowledge into school education and teaching content. Schools should carry out anti-drug publicity and education according to the age characteristics of students. Public security organs, judicial administration, health administration and other departments shall provide assistance. Primary and secondary schools should carry out anti-drug publicity and education in the fifth grade of primary school to the high school stage, with no less than two class hours per academic year; Secondary vocational schools and institutions of higher learning shall carry out anti-drug publicity and education activities in accordance with relevant regulations.

Fourteenth cultural propaganda, press and publication, radio and television departments should incorporate anti-drug publicity and education into their work plans. Newspapers, radio and television, Internet, mobile communication and other public audio-visual carriers and other information service units and media should carry out normalized public anti-drug publicity and education, and arrange special time and space to publish and broadcast anti-drug programs and public service advertisements free of charge.

Fifteenth state organs, social organizations, enterprises, institutions and other organizations should carry out anti-drug publicity and education for their own staff, implement the responsibility system for drug control, and do a good job in drug control. Trade unions, the Communist Youth League and women's federations shall organize anti-drug publicity and education according to the characteristics of their respective working objects. Parents or other guardians of minors shall educate minors about the dangers of drugs and prevent them from taking or injecting drugs or engaging in other illegal and criminal activities related to drugs. Family members who take or inject drugs and other family members should educate and stop them, and take care of them in life to help them get rid of drug addiction.

Sixteenth transportation, railway, civil aviation management and other departments should incorporate anti-drug knowledge into the contents of publicity for passengers. Road, waterway, railway, urban rail transit, aviation and other transportation business units shall carry out anti-drug publicity and education for passengers.

Article 17 Operators and managers of entertainment places, hotels, bathhouses, teahouses, bars, Internet cafes, clubs and other business service places shall set up anti-drug warning signs in prominent positions in the places, publish tip-off telephone numbers, conduct anti-drug publicity, education and training for employees in the places, and prevent drug crimes from happening in the places.

Chapter III Drug Control

Article 18 Local people's governments at all levels, public security organs, agriculture, forestry and other departments shall immediately take measures to stop and eradicate the illegal cultivation of opium poppy, coca, cannabis and other original plants controlled by the state that can be used for refining and processing drugs. The village (neighborhood) committee shall report to the local public security organ in time and cooperate with the public security organ to eradicate the illegal cultivation of drug plants.

Article 19 It is prohibited to illegally produce, deal in, buy or transport chemical raw materials used in the manufacture of drugs. It is forbidden to prescribe narcotic drugs and psychotropic drugs or use certificates in violation of regulations. When selling compound preparations containing ephedrine, pharmaceutical retail units shall check and register the identity documents and other information of buyers in accordance with relevant regulations.

Article 20 Units that produce, manage, purchase, transport, store, use, import and export narcotic drugs, psychotropic drugs and precursor chemicals shall implement relevant state regulations, standardize and implement their internal management systems, and prevent narcotic drugs, psychotropic drugs and precursor chemicals from flowing into illegal channels.

Twenty-first public security organs are responsible for investigating drug crimes and drug administrative violations. According to the needs of anti-drug work, public security organs can inspect people, articles, goods and vehicles passing by for drugs and precursor chemicals at border ports, major traffic routes, airports, railway stations, long-distance bus stations, ports, docks and logistics distribution centers. Operators and managers of the above-mentioned places shall provide assistance and cooperation.

Twenty-second postal and express delivery enterprises shall establish and implement the acceptance inspection system. For mail and express mail other than letters delivered by the sender, the sender shall be required to fill in the delivery details truthfully and completely, check the identity information and inspect them one by one. Delivery information should be kept for at least one year. The logistics enterprise shall truthfully record the names, addresses and contact information of the shipper and consignee, as well as the name and quantity of the consigned goods, strengthen the inspection work before the delivery of the goods, and prevent the entrainment and transportation of drugs; The storage period of documents for delivery and pick-up of goods shall not be less than one year. Postal, express delivery and logistics enterprises shall report to the public security organs in a timely manner and assist in investigation and evidence collection when they find drugs, original plants of drugs and their seeds and seedlings, or illegally deliver or consign precursor chemicals.

Twenty-third places of entertainment, hotels, baths, teahouses, bars, Internet cafes, clubs and other business services should establish an internal inspection system, implement drug prevention measures, promptly report drug-related illegal and criminal activities to the public security organs, and assist in investigation and evidence collection. The business premises listed in the preceding paragraph and their employees shall not sell or provide drugs, organize, force, instigate, seduce, deceive or shelter others to take or inject drugs, and shall not provide conditions for other personnel entering the premises to carry out the above acts.

Twenty-fourth housing lessors found illegal drug activities in the rental house, it shall promptly report to the public security organs and assist in the investigation and evidence collection.

Twenty-fifth car rental enterprises in handling car rental business, should truthfully register the lessee's identity documents, contact telephone number, etc. , and keep the corresponding information for not less than one year. If it is found that the lessee uses the leased vehicle to engage in illegal drug activities, it shall promptly report to the public security organ and assist in the investigation and evidence collection.

Article 26 No unit or individual may publish advertisements of narcotic drugs and psychotropic drugs, release sales information of precursor chemicals in violation of state regulations, or illegally teach the manufacturing methods of narcotic drugs, psychotropic drugs or precursor chemicals. If the media find drug-related advertisements, drug-related sales information or illegally teach the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals, they should immediately stop publishing, keep relevant records, report to the public security organs in time and assist in investigation and evidence collection. Internet information service providers shall establish an information inspection system, and shall not produce, copy, publish or disseminate harmful information related to drugs. If it is found that the information spread on its website obviously involves drug-related illegal and criminal activities, it shall immediately stop spreading, keep relevant records, report to the public security organ in time and assist in investigation and evidence collection.

Article 27 It is forbidden to add poppy shells, poppy seeds, poppy seed seedlings and other original drug plants and their illegal products to food.

Chapter IV Drug Rehabilitation Measures

Article 28 Local people's governments at all levels shall take measures such as voluntary detoxification, community detoxification, compulsory isolation detoxification and community rehabilitation to help drug addicts get rid of drug addiction and educate and save drug addicts.

Article 29 The people's governments of cities and counties (cities, districts) with registered drug addicts exceeding 1000 shall, in accordance with relevant regulations, establish or determine more than one medical institution that provides medical services for drug rehabilitation. The health administrative department of the local people's government at or above the county level shall, jointly with the public security organ and the judicial administrative department, formulate the construction plan of drug rehabilitation medical institutions in this administrative region according to the resources of drug rehabilitation medical services and the needs of drug rehabilitation treatment, and incorporate it into the construction plan of local health medical institutions.

Article 30 Township (town) people's governments and urban sub-district offices shall, according to the needs of drug rehabilitation, set up community drug rehabilitation leading groups to make overall plans for drug rehabilitation in their respective jurisdictions, and determine community drug rehabilitation institutions equipped with full-time personnel according to the distribution of drug addicts. The local people's governments at or above the county level shall arrange special funds to ensure the development of community drug rehabilitation and community rehabilitation.

Thirty-first full-time staff of community drug rehabilitation institutions are recruited and trained by the people's government at the county level, and their wages are not lower than the standards of the same industry, and they are required to pay all social insurance and housing accumulation funds in full. The specific measures shall be formulated by the public security organ of the provincial people's government in conjunction with relevant departments.

Thirty-second public security organs should conduct drug testing on suspected drug users, and the detected personnel should cooperate; Refuse to accept the test, with the approval of the person in charge of the public security organ of the local people's government at or above the county level or its dispatched office, compulsory testing can be carried out. The public security organ shall register drug addicts, make a comprehensive evaluation according to their drug-related records, actual performance and the degree of social harm, and implement graded control and assistance and education.

Article 33 Drug addicts are encouraged to give up drug addiction on their own. Drug addicts can go to drug rehabilitation medical institutions to receive drug rehabilitation treatment. Drug rehabilitation medical institutions shall sign a voluntary drug rehabilitation agreement with voluntary drug addicts or their guardians, and report the identity information and drug rehabilitation period of voluntary drug addicts to the local county-level public security organ within three days from the date of signing the agreement; If it is found that voluntary drug addicts take or inject drugs during voluntary drug rehabilitation, they shall report to the public security organ in time.

Thirty-fourth public security organs shall, in addition to compulsory isolation and detoxification, order drug addicts to accept community detoxification. Community drug addicts shall report to the township (town) people's government and the city street office of the community drug rehabilitation execution place within 0/5 days from the date of receiving the decision to order community drug rehabilitation. Failing to report within the time limit without justifiable reasons shall be regarded as refusing to accept community drug rehabilitation.

Thirty-fifth township (town) people's government, the city street office shall, after receiving the report, sign a community drug rehabilitation agreement with the community drug addicts in time. The community drug rehabilitation agreement shall include the following contents: (1) the rights enjoyed by drug addicts and the help they can get; (two) the provisions that drug addicts should abide by; (3) Specific measures for community drug rehabilitation; (four) the legal consequences of violating the community drug rehabilitation agreement; (5) Other matters that should be clarified.

Thirty-sixth drug addicts have one of the circumstances listed in the first paragraph of Article 38 of the Anti-drug Law of People's Republic of China (PRC), and the public security organs of the people's governments of cities and counties (districts) shall make a decision of compulsory isolation for drug rehabilitation.

Article 37 Drug rehabilitation medical institutions affiliated to the judicial administrative department of the provincial people's government shall, according to law, implement centralized isolation treatment for drug addicts suffering from infectious diseases such as AIDS, and accept the guidance and supervision of the health administrative department.

Article 38 In any of the following circumstances, the public security organ shall order the drug addicts to receive community rehabilitation: (1) taking or injecting opioids or amphetamine-type drugs; (two) to lift the compulsory isolation and detoxification in advance; (three) compulsory isolation and detoxification for more than two times.

Article 39 If a person ordered to accept community rehabilitation refuses to accept community rehabilitation or seriously violates the community rehabilitation agreement, the public security organ shall order him to accept community detoxification.

Article 40 The administrative department of health of the local people's government at or above the county level shall, jointly with the public security organs and the food and drug supervision and administration departments, scientifically set up drug maintenance treatment clinics in accordance with relevant regulations, extend drug use points, and facilitate drug users to receive treatment nearby.

Article 41 Local people's governments at or above the county level shall encourage and support social organizations, enterprises, institutions and other organizations and individuals to participate in social services for drug rehabilitation. Local people's governments at all levels and their relevant departments should strengthen vocational skills training and employment guidance for drug addicts, provide employment information, broaden employment channels, encourage and support drug addicts to choose their own jobs and start their own businesses, and help them return to society. Units that recruit drug addicts with employment difficulties, sign labor contracts and pay social insurance premiums enjoy preferential policies such as national and provincial social insurance subsidies and public welfare post subsidies in accordance with regulations.

Article 42 It is forbidden to drive motor vehicles, ships, rail vehicles and aircraft after taking or injecting drugs. Persons who have taken or injected drugs for three years or lifted compulsory isolation and detoxification measures for less than three years, or those who have been addicted to dependent psychotropic drugs for a long time, may not apply for driving licenses for motor vehicles, ships, rail vehicles, aircraft, etc. Persons who are carrying out community detoxification, compulsory isolation detoxification and community rehabilitation measures, or those who have been addicted to dependent psychotropic drugs for a long time, are found driving motor vehicles, ships, rail vehicles, aircraft, etc. After taking or injecting drugs, cancel the relevant driver's license obtained according to law. Persons who are subject to administrative punishment for taking or injecting drugs, or who are ordered to accept community drug rehabilitation, compulsory isolation drug rehabilitation or community rehabilitation, and apply for relevant driver's licenses after the execution of administrative punishment or the lifting of drug rehabilitation measures, shall provide drug abuse test reports issued by the public security police station at their domicile or residence.

Chapter V Legal Liability

Forty-third acts in violation of the provisions of these regulations, if there are other provisions in laws and administrative regulations, such provisions shall prevail.

Forty-fourth in violation of the provisions of article seventeenth of these regulations, the public security organ shall give a warning to the business premises and order it to make corrections. Article 45 In violation of the provisions of the first paragraph of Article 19 of these regulations, the public security organ shall confiscate the chemical raw materials, tools, equipment and illegal income used for the production of drug-making articles, and impose a fine of not less than ten times but not more than twenty times the value of the raw materials used for the illegal production of drug-making articles; If the value of the goods is less than 20 times 1 10,000 yuan, a fine of 1 10,000 yuan will be imposed.

Forty-sixth in violation of the provisions of article twenty-second, the relevant competent departments or public security organs shall, in accordance with their respective duties, be ordered to make corrections and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan; Causing drugs or precursor chemicals to enter the delivery channel, a fine of not less than 30 thousand yuan but not more than 50 thousand yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification in accordance with laws and administrative regulations until the license is revoked.

Article 47 Whoever, in violation of the provisions of the first paragraph of Article 23 of these regulations, engages in drug-related criminal activities shall be fined between 5,000 yuan and 10,000 yuan by the public security organ to the directly responsible person in charge and other directly responsible personnel, and the business premises shall be punished in accordance with the following provisions: (1) Whoever is caught selling, smoking or injecting drugs for a single time shall be fined between 10,000 yuan and 20,000 yuan; (2) Those who sell, smoke or inject drugs for six or more people but less than ten people at a time, or minors who are caught selling, smoking or injecting drugs, shall be fined between 20,000 yuan and 50,000 yuan, and ordered to suspend business for rectification for one to three months; (3) If more than 10 people are caught selling, smoking or injecting drugs for a single time, or if they are caught selling, smoking or injecting drugs for more than two times, they shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and ordered to suspend business for rectification for three to six months.

Forty-eighth in violation of the provisions of article twenty-fourth, the public security organ shall impose a fine of two hundred yuan and five hundred yuan on the lessor.

Forty-ninth in violation of the provisions of article twenty-fifth, the public security organ shall impose a fine of not less than five thousand yuan but not more than ten thousand yuan on the car rental enterprise.

Article 50 Whoever, in violation of the provisions of the first paragraph of Article 26 of these regulations, illegally teaches the manufacturing methods of narcotic drugs, psychotropic drugs and precursor chemicals, which does not constitute a crime, shall be confiscated by the public security organ and fined not less than 20,000 yuan but not more than 100,000 yuan. In violation of the provisions of the third paragraph of article twenty-sixth, the public security organ shall impose a fine of not less than five thousand yuan but not more than twenty thousand yuan.

Article 51 Anyone who violates the provisions of the first paragraph of Article 42 of these regulations shall have the relevant driver's license cancelled by the competent department according to law, and shall be punished by the public security organ in accordance with the following provisions: (1) Whoever drives a motor vehicle after taking or injecting drugs shall be fined between 2,000 yuan and 5,000 yuan; (2) Whoever drives or operates a motor vehicle or ship after taking or injecting drugs shall be fined between 5,000 yuan and 10,000 yuan; (3) Whoever drives a rail vehicle or aircraft after taking or injecting drugs shall be fined 1 10,000 yuan but not more than 20,000 yuan.

Article 52 Any staff member of the public security organ, the judicial administrative department or other relevant departments who commits any of the following acts shall be punished according to law: (1) shielding or conniving at drug criminals; (two) misappropriation, interception, deduction of drug control funds; (3) Disposing of seized drugs and property related to drug-related criminal activities that have been sealed up, detained or frozen without authorization; (4) practicing fraud and concealing toxic information; (five) in violation of the provisions of the compulsory isolation program; (6) divulging information of informants; (7) divulging the personal privacy of drug addicts; (eight) corporal punishment, abuse, insult and other acts of drug addicts; (nine) taking advantage of his position to ask for or accept other people's property or seek illegitimate interests; (ten) other acts of abuse of power, dereliction of duty or favoritism.

Chapter VI Supplementary Provisions

Article 53 These Regulations shall come into force as of 20061October 2065438+ 1 day. 2001July 26th The Anti-drug Regulations of Fujian Province adopted at the 27th meeting of the Standing Committee of the Ninth People's Congress of Fujian Province shall be abolished at the same time.

Attachment: Names of precursor chemicals strictly controlled in Fujian Province

Table 1

1, ephedrine (levoephedrine)

2, ergonovine (ergonovine)

3. ergotamine

4. Ergot acid

5. 1- phenyl -2- acetone

6. Pseudoephedrine (Dexephedrine)

7.N- acetyl anthranilic acid

8,3,4-methylenedioxyphenyl -2- acetone (3,4-methylenedioxyphenyl -2- acetone)

9. piperonal

10, safrole

1 1, isosafrole (cis plus trans)

Table 2

1, acetic anhydride

2. Acetone (acetone, dimethyl ketone)

3. Anisodic acid

4. Ether (ethyl ether)

5. phenylacetic acid

6. Piperidine and its salt (Piperidine)

7. Methyl ethyl ketone (butanone) (methyl ethyl ketone)

8. Toluene

9, potassium permanganate (potassium permanganate)

10, sulfuric acid (excluding reagents) (sulfuric acid)

1 1, hydrochloric acid (without reagent) (hydrogen chloride).

Table 3

1, chloroform (chloroform)

2. Sulfoxide chloride (thionyl chloride)

3. Barium sulfate

4. Palladium chloride (palladium dichloride, palladium lime)

5. Sodium acetate (sodium acetate)

6. Hydrogen