SCIO briefing on fentanyl-related substances control

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Liu Yuejin, deputy director of China's National Narcotics Control Commission and counter-terrorism commissioner of the Ministry of Public Security;

Wang Hesheng, deputy director of the National Health Commission;

Chen Shifei, deputy head of the National Medical Products Administration;

Hu Kaihong, spokesperson for the State Council Information Office of China

April 1, 2019

China News Service:

What laws and regulations should be revised in order to include all fentanyl-related substances into control list in China? Thanks.  

Wang Hesheng:

In order to include all fentanyl-related substances into control list, the following regulatory changes will be implemented.

First, the concept of "analogues" should be introduced. On the base of literature analysis, experience, expert discussion and consultation, the legal definition of the "fentanyl-related substance" should be clarified in a rigorous and scientific manner, to ensure the definition covers all categories of fentanyl that need to be controlled, while minimizing its influences on the lawful activities of pharmaceutical, industrial, scientific and technological research. 

Second, new categories of controlled substances will be added. The legal procedure of activating the analogue control has been initiated to add the "fentanyl analogues" to the Supplementary List of Controlled Varieties of Non-medicinal Narcotic and Psychotropic Substances, which means "fentanyl-related substances" will be officially included in the controlled substances as drugs.

Third, supporting regulations should be made. The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security are working on the following documents:"Opinions on a Number of Issues Concerning Applicable Laws to Criminal Cases of Fentanyl-related Substances, " "Commutation Table for Dependence of Fentanyl-related Substances," and "Regulations on Prosecution Standards of Criminal Cases of Fentanyl-related Substances."

The introduction of "analogues" concept and the implementation of "regulation by category" is the perfect legal and regulatory system on drug control, providing a powerful legal basis to crackdown and punish all kinds of criminal activities involving new types of drugs. It will supplement and improve the existing socialist legal system with Chinese characteristics, which offers valuable reference to the legislature and jurisdiction practices of other relevant fields.

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