What If You Get Caught With Weed?

Let me use a real case for this article. Meet Joe, who unfortunately fell into the dark world of drug addiction. Between December 2022 and February 2023, Joe not only indulged in drug use himself but also hosted several drug parties at his home. It was like a very twisted version of “friends coming over for tea,” except the tea was methamphetamine. One fateful day in February , during one of these home-based drug fests, a neighbor caught wind of what was happening and called the police. Joe was promptly arrested. No Heisenberg-style escape for him!

The police found that Joe had hosted these drug parties four times, all featuring methamphetamine as the main course. Joe, realizing the jig was up, confessed to his actions and accepted his fate. Unlike Walter White, Joe didn’t try to outsmart the DEA.

Now, let’s break down the legalities in a way that won’t make your head spin.

According to Chinese law, specifically Article 354 of the Criminal Law, anyone who provides a place for others to consume drugs can face up to three years in prison, detention, along with a fine. Joe’s actions—repeatedly allowing others to use meth at his place—clearly fit this bill. Therefore, he must face the music and take responsibility for his criminal behavior. However, since Joe confessed honestly and accepted his punishment, the law allows for a lighter sentence. Let’s delve into the details:

If someone lets others use drugs at their place, they can be sentenced to up to three years in prison, detention, and fined. Joe did this multiple times, so he broke this law. Because he confessed and showed remorse, he might get a lighter sentence. Remember, Joe, unlike Walter White, didn’t have a Saul Goodman to get him out of this mess.

If you buy drugs just for yourself, you’re committing a lesser offense under the Public Security Administration Punishments Law. You might get detained for 10 to 15 days and fined up to 2,000 yuan. If it’s a minor situation, the detention can be less than five days with a fine of up to 500 yuan. So, it’s bad, but not “criminal record” bad. Think of it as a slap on the wrist compared to what Heisenberg would face!

If you’re stockpiling drugs for your own use, you might cross into criminal territory. For example, possessing over 200 grams of opium or more than 10 grams of heroin or meth can get you charged with illegal possession of drugs, as per Article 348 of the Criminal Law. Just imagine if Joe had a hidden stash like Walter White’s!

If you start playing the role of a drug evangelist, luring or deceiving others into trying drugs, you could be charged under Article 353 of the Criminal Law. This can lead to up to three years in prison, detention, and a fine. If the situation is serious, it could be three to seven years in prison and a fine. And if you’re targeting minors, expect an even harsher punishment.

To summarize, China is really harsh on drugs, so do not attempt to bring any drugs into China, or use drugs within Chinese borders. Even weed candy is not allowed, if it is prescribed by your doctor to help you sleep. We had a client who got busted for having a few pieces of him in Beijing.