Regulations on Drug Control in Guizhou Province

Article 1 In order to prevent and punish drug-related crimes, educate and rescue drug addicts, protect citizens' physical and mental health, and maintain social order, these regulations are formulated in accordance with the provisions of the Drug Control Law of the People's Republic of China and relevant laws and regulations, combined with the actual situation of this province.

article 2 the term "drugs" as mentioned in these regulations refers to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine, and other narcotic drugs and psychotropic drugs that can make people addicted to human beings under state control.

article 3 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.

The anti-drug work is based on the principle of prevention, comprehensive treatment, and simultaneous prohibition of planting, trafficking and smoking, and adheres to the principle of combining education with punishment.

article 4 the people's governments at or above the county level shall incorporate drug control work into the national economic and social development plan and include drug control funds in the fiscal budget at the corresponding level.

the narcotics control Committee of the fifth provincial people's government is responsible for organizing, coordinating and guiding the province's narcotics control work; City, state people's government, the people's government at the county level drug control committee is responsible for organizing, coordinating and guiding the drug control work within their respective administrative areas. Anti-drug committees at all levels shall formulate specific measures for anti-drug work and supervise, examine and evaluate the anti-drug work in their respective administrative areas.

the offices of narcotics control committees at all levels are responsible for the daily work of narcotics control committees and should be staffed in accordance with relevant regulations.

article 6 public security organs, people's procuratorates and people's courts shall perform their statutory duties and crack down on drug-related illegal and criminal activities according to law.

the departments of judicial administration, industry and commerce, health, food and drug supervision and management, production safety supervision, quality and technical supervision, customs, entry-exit inspection and quarantine, transportation, human resources and social security, culture and civil affairs shall carry out drug control work according to their respective responsibilities.

article 7 the press and publication, radio and television, trade unions, the * * * Communist Youth League and women's federations shall, in light of their actual work, organize anti-drug publicity and education, popularize drug prevention knowledge and enhance citizens' anti-drug awareness.

the mainstream media should arrange certain pages or time slots to publish and broadcast anti-drug public service advertisements for free every year, and other media should also take various forms to publicize anti-drug.

article 8 education administrative departments and schools shall incorporate anti-drug knowledge into education and teaching contents, and carry out anti-drug publicity and education for students. Public security organs, judicial administrative departments and health administrative departments shall provide assistance.

article 9 the people's governments at or above the county level shall strengthen the construction of sunshine project for community drug rehabilitation and community rehabilitation personnel, take measures to promote the employment of community drug rehabilitation and community rehabilitation personnel, and give preferential policies to units and individuals that absorb the employment of community drug rehabilitation and community rehabilitation personnel. Specific measures shall be formulated by the provincial people's government.

Sunshine Project for Community Detoxification and Community Rehabilitation Personnel refers to a community detoxification and community rehabilitation model which takes resettlement enterprises as the carrier, centralized resettlement as the core, supplemented by other forms, and integrates physiological detoxification, physical and mental rehabilitation, employment placement and integration into society.

Encourage community drug addicts and community rehabilitation workers to start their own businesses and find jobs, and help them integrate into society.

article 11 city subdistrict offices (communities) and township people's governments shall be responsible for community drug rehabilitation and rehabilitation, and guide residents' committees and villagers' committees to do a good job in education and publicity of drug prohibition, prohibition, prohibition of drug trafficking and prohibition, and implement preventive measures against drug abuse.

article 11 the people's governments at or above the county level shall, according to their needs, establish anti-drug prevention education and publicity bases and open them to the public free of charge.

state organs, social organizations, enterprises, institutions and other organizations should educate their staff on drug control, implement the responsibility system for drug control and do a good job in drug control.

Article 12 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.

if a family member takes or injects drugs, other family members should educate and stop it, and give them care in life to help them get rid of drug addiction.

Article 13 Drug addicts should take the initiative to register with the public security organs for drug rehabilitation or go to qualified medical institutions for drug rehabilitation treatment; The public security organ shall establish a registration file of drug addicts, and the public security organ shall not impose administrative punishment on drug addicts who voluntarily register with the public security organ for drug rehabilitation or receive drug rehabilitation treatment in qualified medical institutions.

Article 14 People's governments at the county level shall, according to the actual needs of community drug rehabilitation and rehabilitation, equip full-time community drug control staff. Full-time community drug control staff should be openly recruited to the public.

the people's governments at or above the county level should tilt towards the community when arranging the financial budget for drug control, and arrange certain special funds to ensure the development of community drug rehabilitation and community rehabilitation.

The police station should strengthen the dynamic management of drug-related personnel within its jurisdiction and participate in the daily management of community drug rehabilitation and community rehabilitation personnel; Community medical institutions are responsible for health education and consulting services for community drug addicts and community rehabilitation personnel; Judicial administration, civil affairs and other departments are responsible for the correction, rescue and assistance of community drug rehabilitation and community rehabilitation personnel.

article 15 city subdistrict offices (communities) and township people's governments shall, according to the distribution of community drug addicts and community rehabilitation workers within their respective jurisdictions, establish mechanisms for drug addiction treatment, psychological intervention, assistance, supervision and management, and set up working groups for community drug addicts and community rehabilitation. The working group consists of family members or other guardians of drug addicts, members of village (neighborhood) committees, community police and full-time community drug control staff.

the working group of community drug rehabilitation should formulate targeted community drug rehabilitation programs according to the situation of community drug rehabilitation workers, sign community drug rehabilitation agreements with drug rehabilitation workers, and implement community drug rehabilitation measures.

the format and main contents of the community drug rehabilitation agreement shall be uniformly stipulated by the office of the provincial narcotics control commission.

Article 16 The public security organs of the people's governments at the county or city level may order drug addicts to receive community detoxification at their domicile or current residence if they are under any of the following circumstances:

(1) Drug addicts are first seized by the public security organs, have a fixed residence and a stable source of livelihood, and have the conditions of family guardianship;

(2) pregnant or breast-feeding her baby under the age of 1;

(3) under the age of 16;

(4) people over 61 years old;

(5) Suffering from serious illness or disability and unable to take care of themselves;

(6) Others who are not suitable for compulsory isolation and detoxification.

article 17 after the expiration of community drug rehabilitation, the community drug rehabilitation working group will make an evaluation report, and the urban sub-district office (community) and the township people's government will put forward their opinions. the public security organ at the place where community drug rehabilitation is implemented will issue a notice to terminate community drug rehabilitation and notify the public security organ that originally decided.

Article 18 The establishment of compulsory isolation drug rehabilitation centers shall be made in a unified planning and rational layout in accordance with the relevant provisions of the state, with functions such as medical treatment, life, education and labor, and a corresponding management system shall be established.

Compulsory isolation drug rehabilitation places should set up special areas to treat sick and disabled drug addicts, and necessary care and treatment should be given to drug addicts with serious diseases; Drug addicts suffering from infectious diseases should be treated in isolation.

Compulsory isolation of drug rehabilitation centers should take necessary safety protection measures to prevent drug addicts from self-injury, self-mutilation, suicide or other harmful behaviors.

except for those who suffer from infectious diseases or serious diseases that are not suitable for compulsory isolation and detoxification as stipulated by national laws and regulations, compulsory isolation and detoxification places shall not refuse to treat drug addicts who have been decided to undergo compulsory isolation and detoxification on the grounds of suffering from other infectious diseases or diseases and insufficient funds.

Article 19 If a drug addict is under any of the following circumstances, the public security organ of the people's government at the county or city level shall make a decision of compulsory isolation for detoxification:

(1) refusing to accept community detoxification;

(2) taking or injecting drugs during community detoxification;

(3) seriously violating the community drug rehabilitation agreement;

(4) taking or injecting drugs again after community detoxification and compulsory isolation detoxification;

(5) serious drug addiction is found for the first time.

drug addicts who voluntarily accept compulsory isolation for detoxification can enter compulsory isolation for detoxification with the consent of public security organs, but they should be managed separately from other compulsory isolation for detoxification.

Article 21 If compulsory isolation detoxification can be lifted in advance or the period of compulsory isolation detoxification needs to be extended according to law, the compulsory isolation detoxification place shall put forward opinions and report them to the public security organ that originally decided for approval. The public security organ that originally decided shall make a decision within 7 days after receiving the relevant report.

article 21 the public security organs, judicial administrative departments and other relevant departments shall establish and improve the coordination mechanism for the work of compulsory isolation of drug addicts.

if the compulsory isolation detoxification is terminated at the expiration of the period, the compulsory isolation detoxification place shall issue a notice to terminate the compulsory isolation detoxification, and notify the original public security organ, the family members of the drug addicts, the local unit and the local police station, the city street office (community) or the township people's government in writing within 3 days.

For the person who has been released from compulsory isolation for drug rehabilitation, it was originally decided that the public security organ can order him to receive community rehabilitation for no more than 3 years, and forward the decision on community rehabilitation to the urban sub-district office (community), the township people's government and the public security police station in the place of execution.

drug addicts should receive community rehabilitation at their domicile; If you have a fixed residence in your current residence other than the domicile, you can receive community rehabilitation in your current residence.

article 22 the administrative department of health shall set up outpatient clinics or mobile service stations (points) for drug maintenance treatment in eligible communities for drug rehabilitation and community rehabilitation, and provide drug maintenance treatment for eligible community drug rehabilitation and community rehabilitation personnel.

article 23 if the community rehabilitation personnel have completed their rehabilitation, or if their rehabilitation is in good condition after 1 years of community rehabilitation, the community drug rehabilitation and community rehabilitation working group will make an evaluation report, and the urban subdistrict office (community) and the township people's government will put forward their opinions. The public security organ at the place where the community rehabilitation is implemented will issue a notice to terminate the community rehabilitation, and notify the urban subdistrict office (community) or the township people's government and the public security organ that originally decided.

Article 24 People's governments at or above the county level may set up drug rehabilitation places according to the needs of drug rehabilitation; Conditional compulsory isolation of drug rehabilitation places can set up drug rehabilitation places according to law; Support and encourage social forces to set up public welfare drug rehabilitation places according to law.

drug rehabilitation places should have basic functions such as rehabilitation treatment, life service, education and training, productive labor, and establish and improve the management system of drug rehabilitation.

drug addicts can voluntarily apply for community detoxification and community rehabilitation at drug rehabilitation places. Drug addicts can voluntarily apply to live and work in drug rehabilitation places after they are released from community drug rehabilitation and community rehabilitation.

Article 25 If a person sentenced to fixed-term imprisonment of not more than three years or criminal detention has committed drug abuse, the public security organ may take corresponding drug rehabilitation measures according to law after the execution of the punishment and compulsory education measures, or if a person sentenced to public surveillance or probation has committed drug abuse.

Article 26 Drug addicts and their family members are not discriminated against in enrollment, employment and social security. Relevant departments, organizations and personnel shall give necessary guidance and help to drug addicts in enrollment, employment and social security.

article 27 prohibits any unit or individual from organizing, participating in, instigating, introducing, luring or deceiving others to sell, suck or inject drugs, or providing conditions and assistance for selling, sucking or injecting drugs in other ways.

Article 28 Operators and managers of entertainment places, catering, accommodation, bathing, clubs and other service industries should strengthen anti-drug education for their employees, implement anti-drug preventive measures, and prevent drug-related illegal and criminal activities from occurring in their business places; When drug-related illegal and criminal activities are discovered, they shall report to the public security organs and assist them to carry out investigation and evidence collection.

if the lessor discovers that the lessee has drug-related criminal activities or is suspected of drug-related crimes, it shall report to the public security organ in time.

article 29 the public security organs of the people's governments at or above the county level may, according to the needs of drug investigation, inspect people, articles, goods and vehicles passing by at logistics distribution centers, major traffic routes, airports, railway stations, long-distance bus stations, docks and ports according to law, and the relevant units and personnel shall cooperate.

a logistics enterprise shall establish a registration system for the identity certificates of the shipper and the consignee. Documents for consignment and pick-up of goods and records of inspection and registration shall be kept for 91 days for future reference. If drugs are found in the goods, they shall immediately report to the public security organ.

Article 31 It is forbidden to illegally plant and trade original plants of drugs.

city street offices (communities), township people's governments, forestry, agriculture and other departments should organize publicity, education and investigation on the prohibition of planting narcotic plants. Anyone who finds illegal cultivation of drug plants shall promptly report to the public security organ for compulsory eradication and investigate and deal with it according to law.

article 31 it is forbidden to mix poppy shells, poppy seeds, poppy seedlings and other original drugs into food and drinks.

article 32 it is forbidden to advertise drugs, medical devices and treatment methods for drug rehabilitation.

article 33 a unit engaged in drug treatment shall report to the provincial health administrative department for approval in accordance with relevant regulations and file with the provincial public security organ.

Article 34 Whoever sells drugs for drug rehabilitation shall sell them in qualified drug rehabilitation centers, hospitals and pharmacies, and report them to the provincial public security organs for the record.

article 35 all units and individuals have the obligation to report and expose drug-related illegal and criminal acts, and the public security organs, people's procuratorates and people's courts shall protect the informants and informers.

people who have made contributions in reporting drug-related crimes, and units and individuals who have made outstanding achievements in investigating drug-related crimes, anti-drug publicity and education, drug rehabilitation, anti-drug scientific research and the establishment of drug-free counties (townships, towns and units) should be commended and rewarded.

article 36 whoever, in violation of the provisions of article 27 of these regulations, instigates, lures, cheats, allows others to take or inject drugs, or introduces the sale of drugs, which does not constitute a crime, shall be punished in accordance with the provisions of article 73 of the law of the people's Republic of China on public security administration punishment, article 61 of the law of the people's Republic of China on drug control; In other ways to provide conditions and help for drug trafficking, smoking and injecting, which does not constitute a crime, the public security organ of the people's government at or above the county level shall confiscate the illegal income and illegal property, and impose a fine of not less than 3,111 yuan on 511 yuan and not more than 21,111 yuan on the unit.

entertainment and service places that violate the provisions of article 27 of these regulations shall be ordered to suspend business for rectification for three to six months in addition to the punishment prescribed in the preceding paragraph. if the circumstances are serious, the original license issuing organ shall revoke its business license.

article 37 in violation of the provisions of article 28 of these regulations, business operators and managers fail to implement preventive measures against drugs, and their management is ineffective, and illegal and criminal activities of selling, smoking and injecting drugs occur in their business premises. If any of the following circumstances does not constitute a crime, the people's government at or above the county level shall be responsible for public security.