Officially added crime of illegal use of drugs

VOV.VN - On the morning of June 25, the National Assembly passed the Law amending and supplementing a number of articles of the Penal Code, agreeing to add the crime of illegal use of narcotics. The law will take effect from July 1, 2025.

Presenting a report on the reception, explanation and revision of the previous draft law, Minister of Justice Nguyen Hai Ninh said that the Law amending and supplementing a number of articles of the Penal Code adds the crime of illegal use of narcotics (Article 256a) in the direction of only handling those who are in the process of drug addiction treatment or have just finished the drug addiction treatment process but continue to illegally use narcotics.

Minister of Justice Nguyen Hai Ninh presented a report to the National Assembly on the morning of June 25. Photo: National Assembly

The Government report also emphasized 5 bases:

- Firstly, implementing the policy of applying stricter criminal policies to reduce drug demand and stop the relationship between drug supply and demand.

- Second, the practical work of fighting, preventing and combating crimes and violations of drug laws shows that, currently, the drug addiction situation is very complicated, the number of drug addicts is on the rise; drugs are one of the common causes leading to other types of crimes such as theft of property, fraud, extortion, robbery, etc.

Illegal drug users falling into a state of “stonedness” and committing particularly serious crimes such as murder, rape, etc. are on the rise.

According to statistics on illegal drug users committing crimes, in the period from January 1, 2018 to May 31, 2025, the rate of crimes committed by illegal drug users accounted for about 10% of the total number of detected crimes; of which, very serious crimes and especially serious crimes accounted for 5.3%.

In particular, there were over 200 murders committed by drug addicts and illegal drug users during this period (including over 40 murders of family members).

- Third, the current law stipulates the handling of the crime of illegal possession of narcotics, and this crime is mainly for those who possess narcotics for use. Thus, after a person buys narcotics for use, if he or she is discovered before using them, he or she will be handled for the act of illegal possession of narcotics, but if he or she is using or has used them, he or she will not be handled for the corresponding act.

- Fourth, if drug addiction is not well managed to reduce the number of addicts, it will "spread" to others. Reality shows that currently, the number of illegal drug users and drug addicts is tending to be younger, a part of young people are easily enticed and drawn into illegal drug use, turning to drugs to relieve pressure in life; many people consider drug use as a way to express themselves...

Without effective measures to "reduce demand", the risk of affecting the quality of labor resources and race is a pressing issue that is being raised.

- Fifth, the reality of drug addiction treatment shows that many people who are in the process of drug addiction treatment or immediately after completing the drug addiction treatment process continue to illegally use drugs, but there are no measures or sanctions to deal with these cases.

From the above issues, adding the crime of illegal use of drugs is necessary in the current situation.

“However, Article 256a of the Law amending and supplementing a number of articles of the Penal Code this time does not apply to all illegal drug users but only applies to those who are undergoing drug rehabilitation or have undergone drug rehabilitation but this measure “has failed”, and those who have undergone drug rehabilitation continue to illegally use drugs”, according to the Minister of Justice.

Anyone who illegally uses drugs in one of the following cases shall be sentenced to imprisonment from 02 to 03 years:

a) Being in drug addiction treatment or being treated for drug addiction with replacement drugs according to the provisions of the Law on Drug Prevention and Control;

b) Under the period of post-drug addiction management as prescribed by the Law on Drug Prevention and Control;

c) Within 2 years from the date of expiration of the post-drug rehabilitation management period and within the period of management of illegal drug users as prescribed by the Law on Drug Prevention and Control;

d) Within 2 years from the date of voluntary termination of drug addiction treatment or treatment of drug addiction with substitute drugs according to the provisions of the Law on Drug Prevention and Control.

2. Recidivism of this crime is punishable by imprisonment from 3 to 5 years.

Ngoc Thanh/VOV.VN

Source: https://vov.vn/chinh-tri/chinh-thuc-bo-sung-toi-su-dung-trai-phep-chat-ma-tuy-post1209752.vov