Are there penalties for growing cannabis in Vietnam?

Are there penalties for growing cannabis in Vietnam?

Pursuant to Clause 1, Article 5 of the Law on Drug Prevention and Control 2021, the following prohibited acts are prescribed:

1. Growing of plants containing narcotic substances; provision of instructions for growing of plants containing narcotic substances.

2. Illegal research, examination, testing, inspection, production, storage, transport, preservation, trade, distribution, processing, exchange, export, import, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs, and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

3. Appropriation of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

4. Illegal delivery, receipt, management, control, storage, dispensing and preservation of narcotic substances and precursors; allowing illegal use of narcotic substances, narcotic drugs or psychotropic drugs.

5. Illegal use or organization of illegal use of narcotic substances; forcing or persuading others to use narcotic substances illegally; aiding and abetting illegal use of narcotic substances.

6. Illegal production, storage, transport and trade of equipment used for illegal production or use of narcotic substances.

7. Resisting or obstructing testing for narcotic substance in body, diagnosis of narcotic substance dependence, drug user management, rehabilitation or post-rehabilitation management.

8. Taking revenge on or obstructing persons performing duties of narcotic substance prevention and control and participants in narcotic substance prevention and control.

9. Abusing positions, powers or jobs to commit violations against regulations of law on narcotic substance prevention and control.

10. Provision of instructions for illegal production or use of narcotic substances; advertising narcotic substances.

11. Discrimination against drug users, persons undergoing rehabilitation and persons having completed rehabilitation.

12. Other prohibited acts involving narcotic substances provided for by regulations of law.

According to List I Drugs are absolutely prohibited for use in medicine and social life; the use of these substances in analysis, testing, scientific research, criminological investigation according to special regulations of competent authorities (Promulgated together with Decree No. 73/2018/ND-CP dated May 15, 2018 of the Government):

ID. The following substances

No	Substance name	Science name	Information code CAS
45	Cannabis and cannabis products		8063-14-7
46	Khat leaves	Leaves of Catha edulis

Thus, according to the above regulations in Vietnam, growing plants containing narcotics is an act contrary to the law, but cannabis is a drug, so the act of growing cannabis will be punished.

What are penalties for growing cannabis in Vietnam?

In clause 3; Points a, d, Clause 8, Article 23 of Decree 144/2021/ND-CP stipulates violations of regulations on drug prevention, combat and control as follows:

1. A warning or a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for illegal use of narcotic substances.

2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

a) Illegally possessing, transporting or appropriating narcotic substances without bringing criminal prosecution

b) Possessing, transporting, trading or appropriating precursors used in illegal manufacturing of narcotic substances;

c) Manufacturing, possession, transport, trading of instruments and equipment used in illegal manufacturing or use of narcotic substances.

3. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing opium poppy plants, coca plants, cannabis plants, khat plants other plants containing narcotic substances.

4. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:

a) A head, a legal representative, a person assigned to manage the service business establishment, a manager of vehicle(s) or another person who is responsible for the management of restaurant(s), tourist accommodation establishment(s), club(s), karaoke business, discotheque, video game business and vehicle(s) allow illegal possession, trade and use of narcotic substances to occur in the area(s) and vehicle(s) under their management;

b) Brokering, assisting or other acts that help another person to illegally use narcotic substances.

5. A fine of from VND 20.000.000 to VND 40.000.000 shall be imposed for any of the following violations:

a) Providing premises, instruments for another person to illegally use, possess, trade narcotic substances.

b) Violations against regulations on export, import, temporary import, re-export, temporary export, re-import or transit through Vietnam’s territory narcotic substances, narcotic drug, psychotropic drug and precursors;

c) Violations against regulations on research, analysis, test, manufacturing, preservation or storage of narcotic substances and/or precursors;

d) Violations against regulations on delivery, possession, transport of narcotic substances, narcotic drug, psychotropic drug and precursors;

dd) Violations against regulations on distribution, trading, use, exchange of narcotic substances, narcotic drug, psychotropic drug and precursors;

e) Violations against regulations on management, control, storage of narcotic substances, narcotic drug, psychotropic drug and precursors in the border checkpoint area or at sea;

g) Carrying out narcotic substance rehabilitation that exceeds the scope of operation stated in licenses to operate voluntary rehabilitation centers

6. A fine of from VND 40.000.000 to VND 50.000.000 shall be imposed for leasing out, lending, transferring or using the license to operate voluntary rehabilitation center for other purposes.

7. A fine of from VND 50.000.000 to VND 75.000.000 shall be imposed for organization of voluntary rehabilitation without registration or operating license.

8. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

b) Suspend the license, practicing certificate, certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 4 and 6 of this Article;

c) Suspend operation for 03 - 06 months in case of commission of the violation specified in points b and g Clauses 5 of this Article;

d) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

9. Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in Clause 6 of this Article;

According to Article 247 of the 2015 Penal Code, growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances is prescribed:

1. Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances in any of the following circumstances shall face a penalty of 06 - 36 months' imprisonment:

a) The offender has been reprimanded twice and enabled to earn decent living;

b) The offender has incurred an administrative penalty or has an unspent conviction for the same offence ;

c) The offence involves a quantity of from 500 to under 3,000 plants.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves a quantity of ≥ 3,000 plants;

c) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

4. The person who commits the offence specified in Clause 1 of this Article but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal responsibility.

Therefore, according to the above regulations in Vietnam, the act of cultivating cannabis can be subject to an administrative fine of up to VND 20,000,000 or imprisonment for up to 07 years. 

Best regards!