21/12/2024 13:50

What is cannabis? Is cannabis considered a drug according to the law in Vietnam? What are judgments on the act of trading cannabis in Vietnam?

What is cannabis? Is cannabis considered a drug according to the law in Vietnam? What are judgments on the act of trading cannabis in Vietnam?

Is cannabis considered a drug according to the law in Vietnam? What are judgments on the act of trading cannabis in Vietnam?

What is cannabis? Is cannabis considered a drug according to the law in Vietnam?

Cannabis, also known by other names in Vietnam, such as "bồ đà," "bu," "cỏ," etc., is a type of addictive substance extracted from the Cannabis Sativa plant. According to Clause 6, Article 2 of the Law on Drug Prevention and Control of Vietnam 2021, narcotic plants include opium poppy, coca, cannabis, and other plants containing narcotics as defined by the Government of Vietnam. Therefore, cannabis is considered a drug in Vietnam.

The stimulants in cannabis can cause many negative effects on health, especially on the brain and nervous system. Using cannabis in any form, such as smoking, inhaling, or consuming, carries the risk of addiction and other serious health issues.

What are are penalties for smoking cannabis in Vietnam?

In Vietnam, using cannabis (smoking cannabis) is not subject to criminal liability but will be subject to administrative penalties.

Pursuant to Clause 1, Article 23 of Decree 144/2021/ND-CP:

Violations of regulations on drug prevention, control, and management

1. A warning or a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the illegal use of narcotic substances.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

a) Illegally storing, transporting, or appropriating narcotic substances without criminal liability;

b) Storing, transporting, trading, or appropriating precursors used in the illegal production of narcotic substances;

c) Producing, storing, transporting, or trading tools and equipment used for the illegal production or use of narcotic substances.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of cultivating opium poppy, cannabis, coca, khat, and other plants containing narcotics.

...

The act of smoking cannabis will be subject to a warning or a fine up to VND 2 million; additionally, a supplementary penalty of confiscation of the violating items and means will be enforced.

In the case of buying or selling cannabis, administrative penalties from VND 2 million to VND 5 million will be applied. If criminal liability is pursued, it will be handled according to the provisions of Article 251 of the Criminal Code of Vietnam 2015 (amended in 2017).

What are judgments on the act of trading cannabis in Vietnam?

Below is a compilation of judgments on cannabis trading crimes tried by the courts in Vietnam:

No. Judgment Name Date of Issue Adjudicating Body
1 Judgment 64/2024/HS-ST on the illegal trafficking of narcotic substances April 17, 2024 People's Court of Bac Tu Liem District, Hanoi
2 Judgment 80/2024/HS-PT on the illegal trafficking of narcotic substances April 16, 2024 People's Court of Dak Lak Province
3 Judgment 96/2024/HS-ST on the illegal trafficking of narcotic substances April 3, 2024 People's Court of Buon Ma Thuot City, Dak Lak Province
4 Judgment 95/2024/HS-ST on the illegal trafficking of narcotic substances April 3, 2024 People's Court of Buon Ma Thuot City, Dak Lak Province
5 Judgment 31/2024/HS-ST on the illegal trafficking of narcotic substances March 29, 2024 People's Court of S District, Da Nang City
6 Judgment 49/2024/HS-ST on the illegal trafficking of narcotic substances March 26, 2024 People's Court of Hoan Kiem District, Hanoi City
7 Judgment 71/2024/HS-ST on the illegal trafficking of narcotic substances March 18, 2024 People's Court of B City, D Province
8 Judgment 29/2024/HS-ST on the illegal trafficking of narcotic substances March 15, 2024 People's Court of Nam Dinh Province
9 Judgment 58/2024/HS-ST on the illegal trafficking of narcotic substances March 13, 2024 People's Court of Ngo Quyen District, Hai Phong City
10 Judgment 54/2024/HS-ST on the illegal trafficking of narcotic substances March 6, 2024 People's Court of Buon Ma Thuot City, Dak Lak Province
11 Judgment 19/2024/HS-ST on the illegal trafficking of narcotic substances March 5, 2024 People's Court of K District, D Province
12 Judgment 35/2024/HS-ST on the illegal trafficking of narcotic substances March 5, 2024 People's Court of Go Vap District, Ho Chi Minh City
13 Judgment 34/2024/HS-ST on the illegal trafficking of narcotic substances February 26, 2024 People's Court of D District, Hanoi City
14 Judgment 16/2024/HS-ST on the illegal trafficking of narcotic substances February 5, 2024 People's Court of Van Ninh District, Khanh Hoa Province
15 Judgment 10/2024/HS-ST on the illegal trafficking of narcotic substances February 5, 2024 People's Court of Kim Thanh District, Hai Duong Province
16 Judgment 07/2024/HS-ST on the illegal trafficking of narcotic substances January 9, 2024 People's Court of Hoang Mai District, Hanoi City
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