Yunnan province.
Yunnan Anti-drug Regulations
2115-16-16
(adopted at the 15th meeting of the Standing Committee of the Tenth People's Congress of Yunnan Province on March 25, 2115)
Chapter I General Provisions
Article 1 In order to ban drugs, protect citizens' physical and mental health and maintain social order, in accordance with relevant national laws and regulations, combined with the actual situation of this province,
article 2 the drugs mentioned in these regulations refer to opium, heroin, morphine, marijuana, cocaine, ketamine, amphetamine (ice, ecstasy, etc.) and other narcotic drugs and psychotropic substances that can make people addicted to drugs as stipulated by the state.
article 3 these regulations shall apply to activities within the administrative area of this province to eradicate the harm of drugs, such as banning smoking, trafficking, planting and banning.
article 4 the policy of "four prohibitions" at the same time, blocking the source and intercepting the flow, giving priority to prevention, treating both the symptoms and root causes, strictly enforcing the law and comprehensively managing the drug control work.
Article 5 Smuggling, trafficking, transporting, manufacturing, illegal possession, smoking, injecting drugs and illegal cultivation of drug plants are prohibited.
it is forbidden to illegally produce, manage, transport, store and use precursor chemicals or illegally transport or carry precursor chemicals into or out of the country.
It is forbidden to illegally buy, sell, transport, store, use and carry shells, seeds and seedlings of opium poppy, cannabis and other narcotic plants.
It is forbidden to seduce, instigate, cheat, force or introduce or allow others to take or inject drugs.
article 6 the people's governments at or above the county level and relevant departments in border areas shall, in accordance with the provisions of relevant state departments, carry out bilateral international exchanges and cooperation in drug control according to law.
article 7 all units and individuals have the obligation to report drug-related crimes.
Public security organs at all levels should establish a drug-related crime reporting system to protect informants according to law.
article 8 people's governments at all levels or relevant departments shall commend and reward units and individuals that have made outstanding contributions in drug control work, as well as reported drug-related crimes that have been verified.
chapter ii responsibility for drug control
article 9 people's governments at all levels should strengthen their leadership over drug control work and establish and improve the responsibility system for drug control work.
the narcotics control committees of people's governments at all levels plan, organize, guide and coordinate the narcotics control work within their respective administrative areas.
Article 11 The public security organs of the people's governments at or above the county level shall be specifically responsible for drug control within their respective administrative areas.
the administrative departments of justice, civil affairs, health, food and drug supervision, industry and commerce, customs, etc., as well as the people's courts and people's procuratorates, should do a good job in drug control within their respective functions and duties.
article 11 state organs, enterprises and institutions, other organizations and community and village (neighborhood) committees shall sign a letter of responsibility with the local people's government to participate in drug control activities.
article 12 the people's governments at or above the county level shall include drug control funds in their fiscal budgets and use them for special purposes. The people's government at the higher level shall give subsidies to the people's government at the same level for the heavy task of drug control.
article 13 the narcotics control commission of the people's government at or above the county level shall establish an information reporting system for drug control work and an annual verification system for drug addicts.
the provincial narcotics control commission shall regularly inform the society about the drug control work.
It is forbidden to conceal, falsely report or refuse to report or instruct others to conceal, falsely report or refuse to report the situation of drug control work and drug addicts.
Article 14 People's governments at all levels shall organize activities to create drug-free counties, drug-free townships (towns) and drug-free communities (villages), and the evaluation criteria shall be implemented according to the relevant provisions of the state and the province.
article 15 public security organs should set up public signs at prominent positions in airports, stations, ports and public security checkpoints to inform people who come and go that they should bear legal responsibilities for carrying or transporting drugs for others.
if it is found that there are suspected drugs in the articles carried or transported by others, it shall promptly report to the public security organs or inspectors and explain the real situation.
when the public security organ conducts drug control inspection according to law, the relevant units and personnel shall cooperate.
article 16 financial institutions should take measures to strengthen the monitoring of suspicious funds suspected of drug-related crimes in accordance with state regulations, and report to the public security organs in time if they find suspicious funds trading activities suspected of drug-related crimes.
after receiving the notice of investigation from the public security organ, the finance, communications, postal services, transportation and other units shall immediately take effective measures to cooperate with the public security organ in the investigation and evidence collection of suspected drug-related crimes.
article 17 medical and health units shall strictly implement relevant state regulations, strengthen the management of narcotic drugs and psychotropic drugs, and take effective measures to prevent them from flowing into illegal channels.
article 18 operators engaged in entertainment, catering, hotels, house rental and other service industries shall take effective measures to prevent illegal and criminal activities such as selling, smoking and injecting drugs from occurring in their business premises, and shall report to the public security organs in time when they find illegal and criminal activities related to drugs.
chapter iii preventive education
article 19 radio and television, press and publication, culture and other departments should incorporate anti-drug publicity into their work plans and be responsible for their implementation, and all mass media have the obligation to carry out anti-drug publicity.
People's organizations such as trade unions, youth leagues and women's federations and relevant social organizations should carry out anti-drug publicity and education activities.
Article 21 The administrative department of education shall incorporate drug prevention education into the teaching contents of schools and incorporate it into relevant teaching materials. Schools should strengthen drug prevention knowledge education for students and arrange drug prevention education classes every semester.
If the school finds that the students are taking drugs, it shall promptly report to the public security organ, cooperate with the public security organ and parents to help and educate them, and urge them to stop taking drugs; Education and supervision should be strengthened for students who return to school after drug rehabilitation, and no discrimination should be allowed.
article 21 the community and village (neighborhood) committees shall stipulate the contents of drug control in the village (neighborhood) convention, carry out drug control publicity, and urge compliance.
organs, enterprises, institutions or other organizations shall formulate their own internal anti-drug systems according to law, carry out anti-drug publicity and supervise their implementation.
Article 22 Parents or other guardians shall educate minors on drug prevention.
if minors take or inject drugs, their parents or other guardians should strictly control them and urge them to quit.
chapter iv drug rehabilitation management
article 23 drug addicts shall be discharged by drug rehabilitation institutions according to law, and their families and relevant personnel shall provide support and cooperation. Units, families and society should care for drug addicts without discrimination.
article 24 compulsory detoxification of drug addicts shall be decided by the public security organ of the people's government at the county level according to law.
the public security organ may hand over the compulsory detoxification personnel whose domicile or residence is not within its jurisdiction to the public security organ whose domicile or residence is for compulsory detoxification.
if it is necessary to extend the period of compulsory detoxification, it shall be approved by the public security organ that originally made the decision. If the compulsory drug rehabilitation institution is far away from the public security organ that originally made the decision, it may be approved by the competent public security organ of the compulsory drug rehabilitation institution and notified to the public security organ that originally made the decision.
article 25 under the guidance of the public security organs, the people's governments of townships (towns) with a large number of drug addicts can give drug addicts centralized treatment.
article 26 the establishment of voluntary detoxification institutions and medical units to offer detoxification treatment services shall be approved by the provincial health administrative department and reported to the provincial public security organ for the record, and shall be subject to the supervision and management of the health administrative department and the public security organ.
voluntary detoxification institutions and medical units offering detoxification treatment services should strengthen their internal management, not charge fees in violation of relevant regulations, stop drug-related illegal and criminal activities in treatment areas, and report to public security organs in time.
the administrative department of health shall, in accordance with the relevant provisions, strengthen supervision and management of the qualification of medical practitioners in drug rehabilitation institutions.
Article 27 The administrative department of health shall organize HIV testing for drug addicts.
public security organs should take necessary isolation measures or set up special places for drug addicts suffering from serious infectious diseases or infected with HIV to undergo compulsory detoxification.
when medical and health institutions conduct HIV testing for drug addicts or observe and treat HIV-infected persons and AIDS patients among drug addicts, drug addicts should cooperate with them.
Article 28 A compulsory drug rehabilitation institution may set up a drug rehabilitation base to provide rehabilitation treatment for drug addicts.
the period of rehabilitation treatment is more than 3 months and less than 2 years.
if a drug addict needs rehabilitation treatment, he/she will apply voluntarily, or his/her guardian, family members, unit where he/she works, and the local police station where his/her household registration is located will make suggestions and obtain his/her consent, and the compulsory drug rehabilitation institution will put forward opinions and report them to the competent public security organ for approval.
drug addicts who engage in productive labor during rehabilitation treatment should be given appropriate remuneration.
Article 29 The administrative departments of public security, education and health of the people's governments at all levels shall carry out psychological treatment and counseling for drug addicts, and provide vocational skills training for drug addicts if conditions permit.
Article 31 The people's government at the corresponding level shall reduce or exempt the living expenses and treatment fees for compulsory drug addicts according to relevant regulations, and the living expenses, treatment fees and examination fees that cannot be collected due to family financial difficulties.
article 31 the lawful rights and interests of drug addicts are protected by law.
Public security organs should implement standardized management of compulsory drug rehabilitation. The managers of compulsory drug rehabilitation institutions shall perform their duties according to law and enforce the law in a civilized manner.
article 32 drug addicts who have been decided by the public security organs to give up drugs within a time limit outside the compulsory drug rehabilitation center according to relevant regulations shall be supervised and managed by the local police station.
article 33 if a drug addict falls ill or commits suicide, self-injury or self-mutilation during compulsory detoxification and rehabilitation treatment, the drug rehabilitation institution shall promptly provide medical treatment and rescue, and notify his relatives to participate in nursing. If a person dies after medical treatment or rescue, a qualified institution shall make a death appraisal. After inspection by the people's procuratorate at the same level, the public security organ shall fill in the death notice and notify the family of the deceased, the unit where he works and the local police station where he is registered.
article 34 drug addicts who take or inject drugs after compulsory detoxification may be given reeducation through labor according to law.
those who sell a small amount of drugs without being investigated for criminal responsibility or illegally possess a small amount of drugs can be reeducated through labor according to law.
Article 35 The relevant state organs shall set up special places for classified management of drug addicts who decide to undergo reeducation through labor, HIV-infected persons, AIDS patients, patients with serious infectious diseases and severely disabled persons who are detained for drug crimes.
article 36 the reeducation-through-labor management office and compulsory detoxification institution shall issue a certificate of releasing drug addicts from reeducation-through-labor or compulsory detoxification, and notify their families, their units, and the local police station where they have their permanent residence.
The families of drug addicts, their units or village (neighborhood) committees, and the local police station should carry out assistance and education measures for drug addicts after reeducation through labor or drug rehabilitation, so as to consolidate the effect of drug rehabilitation.
article 37 the public security organ may, when investigating and dealing with drug-related crimes, conduct tests on persons suspected of taking drugs, and the tested persons shall cooperate.
Chapter V Legal Responsibility
Article 38 Anyone who violates these regulations and violates the criminal law shall be investigated for criminal responsibility according to law.
article 39 whoever, in violation of the second paragraph of article 5 of these regulations, illegally produces, manages, transports, stores or uses precursor chemicals, or illegally transports or carries precursor chemicals into or out of the country, shall be punished in accordance with the relevant provisions of the state and this province.
anyone who illegally buys, sells, transports, stores, uses or carries poppy shells in violation of the third paragraph of Article 5 of these regulations shall be punished by public security organs according to law; Anyone who illegally buys, sells, transports, stores, uses or carries seeds and seedlings of poppy, cannabis and other narcotic plants shall be confiscated by the public security organs. If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than 3,111 yuan from 311 yuan shall be imposed.
article 41 whoever, in violation of the provisions of the third paragraph of article 13 of these regulations, conceals, misrepresents, refuses to report or instructs others to conceal, misrepresent or refuse to report the situation of drug control work and drug addicts, the directly responsible person and the relevant responsible person shall be given administrative sanctions of demotion or dismissal by the competent department according to law; If serious consequences are caused, administrative sanctions of dismissal shall be given according to law.
article 41 whoever, in violation of the provisions of the third paragraph of article 15 of these regulations, refuses to cooperate with the public security organs to carry out anti-drug inspection according to law shall be punished by the public security organs according to law.
article 42 whoever, in violation of the provisions of article 18 of these regulations, neglects illegal and criminal activities such as selling, smoking and injecting drugs in business premises and fails to report them to the public security organ, the public security organ shall impose a fine of not less than 5,111 yuan but not more than 51,111 yuan on the unit, and impose a fine of not less than 1,111 yuan but not more than 5,111 yuan on the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, it shall be ordered to suspend business for rectification within a time limit; If one of the above acts occurs again after the punishment, the license shall be revoked by the relevant department.
if the legal representative of the enterprise is personally responsible for the revocation of the license of the enterprise due to violation of these regulations, he shall not be the legal representative of the enterprise for three years from the date of revocation of the license.
Article 43 If, in violation of the provisions of the second paragraph of Article 26 of these regulations, voluntary drug rehabilitation institutions and medical units offering drug detoxification treatment leave drug-related illegal and criminal activities in their premises unattended and fail to report them to the public security organs in time, the public security organs will impose a fine of 5,111 yuan to 51,111 yuan on the units, and a fine of 1,111 yuan to 5,111 yuan on the legal representatives, directly responsible personnel in charge and directly responsible personnel; If the circumstances are serious, it shall be ordered to suspend business for rectification within a time limit; If the above acts occur again after punishment, the relevant departments shall revoke the license.
article 44 whoever, in violation of the provisions of article 23, paragraph 1, and article 37 of these regulations, refuses or obstructs the compulsory detoxification of drug addicts, or the suspected drug addicts refuse to be tested, shall be punished by public security administration according to law.
article 45 state civil servants and those who are managed by reference to the state civil service system who take or inject drugs shall be given administrative sanctions of dismissal by the competent authorities.
Article 46 Any staff member of the public security organ who neglects his duty, abuses his power or engages in malpractices for personal gain in drug control work shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 47 The public security organs shall implement a licensing system for units and individuals that grow and process cannabis for industrial use, and the specific measures shall be formulated by the provincial people's government.
article 48 these regulations shall apply to foreigners and stateless persons. if there are other provisions in national laws and regulations, those provisions shall prevail.
Article 49 These Regulations shall come into force on May 1, 2115, and the Standing Committee of the Seventh People's Congress of Yunnan Province on May 27, 1991.