Explanation of "Administrative Measures for Narcotic Drugs"


1. Purpose and significance

In the process of long-term production and the struggle with pain, human society has continuously discovered some drugs that can act as anesthesia, relieve pain or change mood. When using these drugs, it was discovered that they have a duality: if used properly, they can alleviate the pain, if abused, they will cause drug dependence and be harmful to health. These drugs that cause physical dependence and psychological dependence after continuous use and can become addictive are called narcotic drugs.
Article 39 of the "Drug Administration Law" stipulates that the state shall implement special management methods for narcotic drugs in order to correctly play their role in disease prevention and treatment. The "Administrative Measures on Narcotic Drugs" was formulated in accordance with the provisions of the "Drug Administration Law" and promulgated and implemented in 1987, with the purpose of strict management and ensuring the safe use of medical treatment, teaching, and scientific research. The implementation of the "Administrative Measures on Narcotic Drugs" is of far-reaching significance. Only by strengthening the management of narcotic drugs and making them legal and institutionalized can people's health be maintained. If the management is improper, the planting, production, supply, transportation and use of narcotic drugs are not systematically managed, which will inevitably cause harm to the people’s health, reduce the people’s quality of life, affect the normal order of society, and weaken the nation and the country. The combat effectiveness of the army even affects the civilization process of the entire society. Therefore, it is not only necessary to strengthen the management of all aspects of narcotic drugs and strictly implement the "Narcotic Drugs Administration Law", but also to take effective measures to combat the illegal production, sale and abuse of narcotic drugs by criminals.
2. Background
Controls narcotics worldwide, with a history of about 80 years. In old China, opium seriously poisoned the health of the Chinese people. The famous "cigarette sale in Humen" in history is an example of the Chinese people's anti-drug method by "destroying opium". After liberation, in order to protect people’s health, the Central People’s Government Administration issued the “General Order on the Prohibition of Opioid Tobacco and Drugs” in February 1950, prohibiting the smoking, trafficking, cultivation and private storage of opioids, morphine, and pornography. For drugs, offenders are punished severely. The governments of various provinces, municipalities, and autonomous regions have also formulated specific measures for promulgation and implementation. In November of the same year, the "General Order Regarding Measures for the Provisional Registration of Narcotic Drugs" was promulgated. The Ministry of Health announced the "Interim Regulations on the Administration of Narcotic Drugs" and its implementation rules. The scope, production, supply and use of narcotic drugs shall be uniformly established or established by the Ministry of Health. Designate a specialized agency to be responsible, and no other unit or individual is allowed to plant, manufacture, or sell privately. Since then, many amendments and supplements have been made. In May 1963, the Ministry of Health, together with the Ministry of Public Security, the Ministry of Chemical Industry, the Ministry of Commerce, and the Ministry of Finance issued a notice to strengthen management, which further enriched the content of the 1950 Regulations. At the same time, in order to learn foreign experience in the management of narcotic drugs and absorb advanced management methods, in 1973, the Chinese government sent Meng Qian, director of the Pharmaceutical Affairs Bureau of the Ministry of Health, to participate in the meeting of the United Nations Commission on Narcotic Drugs (established in 1946) as an observer. In 1978, the State Council revised the original regulations and promulgated the new "Regulations on Administration of Narcotic Drugs." In 1979, the Ministry of Health promulgated the implementation rules requiring the production (including original plant cultivation), supply and use units of anesthetic drugs to implement them carefully. If illegal and criminal activities such as illegal seeding, smoking, and unauthorized production of narcotic drugs are discovered, administrative sanctions, economic sanctions, or legal punishments will be imposed according to the severity of the circumstances.
In the early 1980s, my country sent personnel to attend the United Nations Conference on Narcotic Drugs, organized an inspection team to inspect at the United Nations International Center, and joined the "1961 Single Convention on Narcotic Drugs" in 1988. In accordance with the provisions of Article 39 of the "Drug Administration Law of the People's Republic of China", combined with the past ten years of experience in the administration of narcotic drugs, the State Council revised and promulgated the "Administrative Measures on Narcotic Drugs" on November 28, 1987.
3. Main content of "Administrative Measures for Narcotic Drugs"
1. Provision of the definition, variety and scope of use of narcotic drugs Narcotic drugs refer to drugs that are prone to physical dependence and addiction after continuous use. It is different from anesthetics (agents). Anesthetics (agents) refer to medicines used for general anesthesia and local anesthesia in medical treatment, but do not leave nerve loss drugs, such as ****, thiophene, sodium toluene, etc., Although these drugs have narcotic effects, they do not suffer from addiction. The scope of narcotic drugs also specifically pointed out that the original medicinal plants and their preparations were included, thereby strengthening the management of plants. The scope of the use of narcotic drugs is clearly defined as three aspects: medical treatment, teaching, and scientific research. Other than that, all uses are illegal.
2. Planting and production of narcotic drugs
Articles 5 to 8 of the "Law on Administration of Narcotic Drugs" stipulate the corresponding examination and approval system for the planting units and annual planting plans of the original plants of narcotic drugs, and the planting units shall report to the Ministry of Public Security. The production units and annual production plans of narcotic drugs shall be reviewed and approved by the Ministry of Health in conjunction with the State Medical Administration. The planting or production unit must have a special person responsible for it, strictly keep it, and it is strictly forbidden to sell and use it by itself.
3. Supply and transportation of narcotic drugs
Articles 9 to 12 of the Law on Administration of Narcotic Drugs stipulate the supply of narcotic drugs.   The establishment of anesthetic drug business units shall be proposed by the health administrative departments of the provinces, cities, autonomous regions, and municipalities directly under the Central Government in conjunction with the medical management departments, and reported to the Ministry of Health and the State Administration of Medicine for review and approval. Business units can only supply units approved by the health administrative department in accordance with regulations. The supply of medicinal poppy husks shall be handled by business units designated by the State Medical Administration and local medical management departments, and no other units are allowed to operate. The poppy husks used for formulas of medical units are not allowed to be retailed, and only designated business units are allowed to use formulas from doctors with the official seal of the medical unit. The storage, transportation and supply are designated by full-time personnel, and storage conditions are specified in special warehouses or counters. The transportation of narcotic drugs implements a transportation certificate system, and the transportation certificate is uniformly printed by the Ministry of Health. The transportation of narcotic drugs and poppy husks must go through procedures and strengthen management of transportation conditions. If there is any loss during transportation, the carrier must look it up carefully and immediately report it to the local public security organ and the health administration department for investigation.
4. Import and export of narcotic drugs
Articles 17 to 20 of the "Law on Administration of Narcotic Drugs" stipulate the department responsible for its import and export business and the application procedures. Import and export business shall be handled by the Ministry of Foreign Economic Relations and Trade in accordance with regulations, and the annual plan shall be submitted to the Ministry of Health for approval. The import procedure should hold the "Narcotic Drug Import Permit", the export procedure should hold the "Narcotic Drug Export Permit", the import and export permit is uniformly printed by the Ministry of Health.
5. Use of narcotic drugs
Article 20 of the "Law on Administration of Narcotic Drugs" stipulates that narcotic drugs shall only be used for medical treatment, teaching and scientific research. After the medical unit has approved the supply level, it will issue the "Seal Card for the Purchase of Narcotic Drugs", and the unit will purchase it from the designated business unit in accordance with the limit regulation. The level of the limit unit shall be formulated by the Ministry of Health.
Article 23 stipulates that users can also order narcotic drugs by mail. The anesthetic drug business unit shall stamp the "Special Narcotic Drug Seal" on the package details sheet, and the user unit shall present the invoice with the "Narcotic Drug Special Seal" as proof of mailing to the post office.
Article 24 stipulates that various preparations within the scope of anesthetic management for special needs of medical units, medical units with the right to use anesthetic drugs can make their own preparations with the approval of health administrative departments above the county level, and no other units can make their own preparations.
Articles 25 and 26 stipulate the conditions for medical personnel who can use narcotic drugs, and clearly stipulate the amount of narcotic drugs used and the prescription requirements.
6. Penalties stipulated in the "Narcotic Drug Administration Law"
Article 30 to Article 34: Penalties for violations of the "Narcotic Drug Administration Law" include confiscation of all narcotic drugs and illegal income, fines, suspension of business for rectification, and revocation of "Drug Production Enterprise License" and "Drug Distribution Enterprise License" The executive department is the local health administrative department. Persons directly responsible for violating this law by fraudulently obtaining or abusing narcotic drugs shall be given administrative sanctions by their units. Anyone who planted poppies without authorization or illegally ingested narcotic drugs in violation of the provisions of these Measures shall be punished by the public security organs in accordance with the conditions for punishment of public security management or relevant regulations. If a crime is constituted by manufacturing, transporting, or selling narcotic drugs and poppy husks in violation of the provisions of these Measures, the judicial organs shall pursue criminal responsibility according to law.
Four, noun explanation
(1) Commission Narcotic Drugs (Commission Narcotic Drugs) abbreviated as "Hemp": it is one of the six functional committees under the United Nations Economic and Social Council (ECOSOC), according to the Council No. 9 (1) of February 16, 1946 The resolution was established. Its terms of reference are: to assist the Economic and Social Council in exercising its supervisory power over the international narcotics conventions and agreements; the implementation of the international narcotics conventions was entrusted to the International League’s "Opium and Other Dangerous Narcotics Trafficking Advisory Committee" to formulate International conventions; study the existing international narcotic drug control institutions that may need to be changed, and submit proposals to the Economic and Social Council for this; follow the instructions of the Economic and Social Council to handle other matters related to narcotics.
(2) Division of Narcotic Drugs: It is the secretariat of the "Commission on Narcotic Drugs" under the UN Economic and Social Council and a functional organization under the Department of Economic and Social Affairs of the UN General Assembly Secretariat. Known as the "central repository" of regulatory expertise and technical knowledge. The department has a wealth of information on the control of drug abuse, which is retrieved using electronic computer programs. The training of law enforcement personnel is currently being combined with the analysis and testing of drug abuse. The department was founded in 1946, originally located in Geneva, and moved to the Vienna International Center in September 1979.
(3) International Narcotics Control Board (International Narcotics Control Board) referred to as “IncB”: it is an independent semi-judicial institution established in accordance with the provisions of the Single Convention on Narcotics in 1961, composed of 13 members, all of which are Elected by the UN Economic and Social Council. The general task of the INCB is to promote governments in accordance with the narcotics control treaties for the benefit of the entire international community. Its responsibilities can generally be divided into three areas: the first is to manage the legal circulation of narcotics and psychotropic substances, so that the production, manufacturing, sales and use of narcotics are completely limited to meet the needs of medical and scientific research; the second is to cooperate with countries The government cooperates to try to maintain a proper balance between supply and demand to satisfy the legal demand for narcotics; the third is to cooperate with governments of various countries to prevent illegal or illegal cultivation, production, manufacture, trafficking and use of narcotics.
(4) Opiates; opium is the dried product of the capsule pulp juice of the poppy plant, containing more than 20 kinds of alkaloids, and the medicinal opium is a dry powder containing 10% morphine. According to the original "Interim Regulations on Narcotic Drugs", any morphine content above 2‰ falls within the scope of management.
(5) Opioid alkaloids: Morphine is the main alkaloid in opiates. It is a phenanthrene compound with another alkaloid codeine. It is used as a medicinal hydrochloride or sulfate, which can act synergistically with atropine. Continuous use of morphine for many times is prone to dependence and addiction. Once addicted, the dosage will be larger and larger, otherwise the original analgesic effect and euphoria will not be achieved, and once the application is stopped, withdrawal symptoms will occur.
(6) Cocaine: Cocaine is an alkaloid extracted from the leaves of coca. It is as addictive as opioids. It is used as a local anesthetic for the surface mucosa and is widely used in ophthalmology, such as cocaine hydrochloride. Cocaine is one of the most widely abused narcotic drugs in the world.
(7) Morphine substitutes: pethidine is not a derivative of morphine. It is an antispasmodic found in the process of researching atropine and antilipase synthetic substitutes. It also has analgesic effect. Although the analgesic strength is weaker than morphine, it is also less addictive.
(8) Cannabis: Cannabis is an annual herbaceous plant in the Moraceae family. The top part of it is collected and dried, crushed and sieved, and accumulated into a soil-like substance called hemp smoke, which is earthy yellow, yellowish green or brown. Smoking marijuana can cause mental dependence. Although it is less addictive than *** and cocaine, it is already a widely abused drug in the world.

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