From July 1, 2025, how many years in prison will the crime of drug use be?

From July 1, 2025, the Law amending and supplementing the Penal Code 2025 officially took effect. A notable point is the addition of Article 256a - clearly regulating criminal liability for illegal drug users in some specific cases.

Pursuant to Article 256a of the 2015 Penal Code, supplemented by Clause 20, Article 1 of the Law amending the 2025 Penal Code, it is stipulated as follows:

Crime of illegal use of drugs

1. Anyone who illegally uses drugs in one of the following cases shall be sentenced to imprisonment from 02 to 03 years:

a) Being in drug addiction treatment or being treated for drug addiction with replacement drugs according to the provisions of the Law on Drug Prevention and Control;

b) Under the period of post-drug addiction management as prescribed by the Law on Drug Prevention and Control;

c) Within 02 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 02 years from the date of voluntary termination of drug addiction treatment or treatment of drug addiction with substitute drugs according to the provisions of the Law on Drug Prevention and Control.

Thus, from July 1, 2025, illegal drug use can be criminalized if the user falls into situations related to drug addiction treatment or controlled reuse. At that time, the penalty is from 2 to 3 years in prison.

If you only use drugs for the first time, or are not subject to any of the conditions for drug addiction treatment, post-treatment management, etc., you will not be prosecuted. However, violators will be subject to administrative penalties according to Article 23 of Decree 144/2021/ND-CP, with the following penalties:
From 500,000 VND to 2,000,000 VND; May be forced to make a medical declaration, or subject to compulsory drug addiction treatment measures.