From July 1st, 2025, what will the prison sentence be for drug use?
If I only use drugs without selling or possessing them in large quantities, will I still be sentenced to prison, and what would the sentence be if I am prosecuted? This is a question from Mr. Tran Van Tien, Truong Vinh Ward, Nghe An Province.
From July 1st, 2025, the Law amending and supplementing the Penal Code of 2025 officially comes into effect. A notable point is the addition of Article 256a – clearly stipulating criminal liability for those who illegally use narcotics in certain specific cases.
Based on Article 256a of the 2015 Penal Code, supplemented by Clause 20, Article 1 of the Law amending the Penal Code 2025, the following is stipulated:
The crime of illegal drug use.
1. Any person who illegally uses narcotic drugs in any of the following cases shall be sentenced to imprisonment from 2 to 3 years:
a) Currently undergoing drug rehabilitation or treatment for drug addiction using substitute medications as prescribed by the Law on Drug Prevention and Control;
b) Currently under post-rehabilitation management as prescribed by the Law on Drug Prevention and Control;
c) Within the period of 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 the period of 2 years since voluntarily terminating voluntary drug rehabilitation or treatment for drug addiction with substitute medication as prescribed by the Law on Drug Prevention and Control.
Therefore, from July 1st, 2025, the illegal use of drugs may be subject to criminal prosecution if the user is in situations related to controlled rehabilitation or relapse. In that case, the penalty ranges from 2 to 3 years in prison.
If it is a first-time drug use, or if the individual is not subject to mandatory rehabilitation or post-rehabilitation management, they will not be prosecuted criminally. However, the offender will be subject to administrative penalties according to Article 23 of Decree 144/2021/ND-CP, with the following fines:
From 500,000 VND to 2,000,000 VND; May be required to provide a medical declaration, or be subjected to mandatory rehabilitation measures.
