How many years in prison will be imposed for possession of precursors used in the illegal production of drugs?

Reply:According to Article 253 of the Penal Code 2015 (amended and supplemented in 2017), the crime of storing, transporting, trading or appropriating precursors used for illegal production of narcotics is regulated as follows:

1. Anyone who stores, transports, buys, sells or appropriates precursors used in the illegal production of narcotics in one of the following cases shall be sentenced to imprisonment from 01 year to 06 years:

a) Having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

b) Precursors in solid form with a mass from 50 grams to less than 200 grams;

c) Liquid precursors with a volume from 75 ml to less than 300 ml.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 06 to 13 years:

a) Organized;

b) Committing the crime 02 times or more;

c) Abusing position and power;

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

d) Precursors in solid form with a mass from 200 grams to less than 500 grams;

e) Liquid precursors with a volume from 300 ml to less than 750 ml;

g) Using a person under 16 years old to commit a crime;

h) Transport and trade across borders;

i) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 13 to 20 years:

a) Precursors in solid form with a mass from 500 grams to less than 1,200 grams;

b) Liquid precursors with a volume from 750 ml to less than 1,800 ml.

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

a) Precursors in solid form with a mass of 1,200 grams or more;

b) Liquid precursors with a volume of 1,800 ml or more.

5. In case of a crime involving both solid precursors and liquid precursors, the conversion shall be used as a basis for criminal prosecution, with the ratio of 01 gram of solid precursor equivalent to 1.5 ml of liquid precursor. After conversion, the amount of precursor falls under which clause, the person committing the crime shall be prosecuted according to that clause.

6. The offender may also be fined from VND 5,000,000 to VND 50,000,000, 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.

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Thus, depending on the specific case, the act of storing precursors used for illegal drug production will be prosecuted with a minimum prison sentence of 1 year and a maximum of 20 years or life imprisonment.

Offenders may also be fined from VND 5,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of their assets confiscated.

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