How many grams of illegal drugs are subject to criminal prosecution?

Reply: Pursuant to Article 248 of the 2015 Penal Code (amended 2017 Penal Code), the crime of illegal production of narcotic substances is stipulated as follows:

1. Anyone who illegally produces narcotics in any form shall be sentenced to imprisonment from 02 years to 07 years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:

a) Organized;

b) Committing the crime two or more times;

c) Abusing position and power;

d) Taking advantage of the name of an agency or organization;

d) Opium resin, cannabis resin or coca extract weighing from 500 grams to less than 01 kilogram;

e) Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 05 grams to less than 30 grams;

g) Other solid narcotics weighing from 20 grams to less than 100 grams;

h) Other liquid narcotics with a volume from 100 milliliters to less than 200 milliliters;

i) Dangerous recidivism;

k) Possessing two or more narcotic substances whose total mass or volume is equivalent to the mass or volume of the narcotic substance specified in one of the points from point d to point h of this clause.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years:

a) Professional in nature;

b) Opium resin, cannabis resin or coca extract weighing from 01 kilogram to less than 05 kilograms;

c) Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 30 grams to less than 100 grams;

d) Other solid narcotics weighing from 100 grams to less than 300 grams;

d) Other liquid narcotics with a volume from 200 milliliters to less than 750 milliliters;

e) Possessing two or more narcotic substances, the total mass or volume of which is equivalent to the mass or volume of the narcotic substance specified in one of the points from point b to point d of this clause.

4. Committing a crime in one of the following cases shall be punishable by 20 years' imprisonment, life imprisonment or death:

a) Opium resin, cannabis resin or coca extract weighing 5 kilograms or more;

b) Heroine, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing 100 grams or more;

c) Other solid narcotics weighing 300 grams or more;

d) Other drugs in liquid form with a volume of 750 milliliters or more;

d) Possessing two or more narcotic substances whose total mass or volume is equivalent to the mass or volume of the narcotic substance specified in one of the points from point a to point d of this clause.

5. The offender may also be fined from VND 5,000,000 to VND 500,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years or have part or all of his/her property confiscated.

Accordingly, the crime of illegal drug production does not require drug quantification. Anyone who illegally produces drugs in any form can be prosecuted regardless of the quantitative element.

The crime of illegal drug production has 4 penalty levels and depending on the specific case, the penalty can be a minimum of 2 years in prison, a maximum of life imprisonment or the death penalty. Offenders can also be fined from 5,000,000 VND to 500,000,000 VND, banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years or have part or all of their assets confiscated.