New guideline clarifies quantitative criteria for conviction and sentencing

China's crackdown on fentanyl-related crimes will become more intensive and targeted under a newly issued guideline.

The 18-article guideline on handling criminal cases involving fentanyl-related substances was jointly released by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. It took effect on Wednesday.

The guideline clarifies the quantitative criteria for conviction and sentencing, divides fentanyl-related substances into medicinal and nonmedicinal categories and streamlines the judicial process for handling such cases.

READ MORE: China intensifies crackdown on fentanyl-related crimes

According to the guideline, medicinal substances will be handled under the SPC's existing judicial interpretation on drug crimes, while nonmedicinal substances will be handled by reference to the provisions of the Criminal Law concerning heroin.

While stressing the need to fully recognize the actual and potential harm posed by fentanyl-related crimes, the authorities noted that fentanyl-related substances are a broad category that includes fentanyl, a highly potent synthetic opioid used in medicine, as well as its chemical variants.

These substances are fast-evolving, come in many forms and carry a high risk of abuse, the authorities said, adding that the vast majority have no legitimate medicinal use.

China has seen a number of criminal cases involving the smuggling, sale and manufacture of fentanyl-related substances in recent years, which pose a major threat to public health, create hidden dangers and undermine social stability, the authorities said.

Zhao Li, a criminal lawyer at Beijing Jingsh Law Firm, said the guideline "reflects China's firm stance against drug crimes and its stepped-up efforts to safeguard public health and safety and maintain social order".

Citing the SPC's judicial interpretation and the Criminal Law, Zhao said the guideline stipulates that smuggling, selling, manufacturing or illegally possessing 125 grams or more of medicinal fentanyl is punishable by 15 years to life in prison, or even the death penalty. Similar penalties apply to 50 g or more of heroin.

"As the judicial authorities noted, most fentanyl-related substances have no medicinal use. In other words, nonmedicinal fentanyl-related substances are, in essence, illicit drugs," Zhao said, explaining why China is intensifying its control over and crackdown on nonmedicinal fentanyl-related substances.

The guideline also requires seized fentanyl-related substances to be promptly identified by qualified personnel.

In cases involving the internet, authorities should promptly and properly collect case-related online content, including posts on websites and WeChat, communications data from email and other online services, electronic files such as documents, images, audio and video, as well as other relevant electronic data, including user registration and identity authentication information.

Furthermore, law enforcement and judicial departments should follow international criminal judicial assistance rules to carry out targeted case cooperation with key countries, strengthen evidence sharing and judicial assistance, and jointly combat the transnational smuggling of fentanyl-related substances, the guideline says.

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On Wednesday, the Ministry of Public Security, the National Health Commission and the National Medical Products Administration announced that an entire class of orphine analogues will be classified as nonmedicinal narcotic and psychotropic drugs. The regulation will take effect on Oct 1.

On Tuesday, China added two chemicals used as intermediates in the production of fentanyl-related substances to its export control list for drug precursor chemicals, requiring permits for exports to the United States, Mexico and Canada.

China has always maintained a strong stance against drug-related offenses and taken effective measures to curb them, with an emphasis on addressing the abuse of psychotropic substances and strengthening international cooperation in combating drugs.

In early 2024, China and the US launched a counternarcotics working group, committing to building mutual trust and advancing practical cooperation between the two countries.

Contact the writers at caoyin@chinadaily.com.cn