How much is fine for growing cannabis plants for feeding chickens in Vietnam?

How much is fine for growing cannabis plants for feeding chickens in Vietnam?

Article 23 of Decree 144/2021/ND-CP stipulates violations against regulations on prevention, combat and control of narcotic substances 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.

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According to this Article, in case Mr. A grows cannabis plants behind his house for the purpose of feeding chickens, Mr. A may be fined from VND 5,000,000 to VND 10,000,000 as prescribed by law in Vietnam.

Are there penalties of imprisonment for growing cannabis plants for feeding chickens in Vietnam?

Article 247 of the 2015 Penal Code is supplemented by Point n, Clause 1, Article 2 of the 2017 Penal Code Amendment Law, which provides for growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances as follows:

1. Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances specified by the Government 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.

Thus, the cultivation of cannabis for the purpose of feeding Mr. A's chickens, Mr. A can still be imprisoned. Depending on his behavior and the size of the number of cannabis plants grown, Mr. A can be sentenced to prison from 6 months to 07 years in Vietnam.

How many years of imprisonment for growing cannabis to sell for illicit profits in Vietnam?

Article 251 of the 2015 Penal Code is supplemented by Clause 68, Article 1 of the 2017 Penal Code Amendment Law, which provides for illegal deal in narcotic substances as follows:

1. Any person who illegally deals in narcotic substances shall face a penalty of 02 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence is committed against more than one person;

d) The offence involves the abuse of the offender's position or power;

dd) The offence is committed in the name of an agency or organization;

e) The offence involves employment of a person under 16 for commission of the offence;

g) The offence is committed across the border;

h) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;

i) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

k) The offence involves from 10 kg to under 25 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;

m) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;

n) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

o) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;

p) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point h through o of this Clause;

q) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment:

a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves from 25 kg to under 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;

g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

4. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves ≥ 75 kg of coca leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;

g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Article 247 of the 2015 Penal Code is supplemented by Point n, Clause 1, Article 2 of the 2017 Penal Code Amendment Law, which provides for growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances as follows:

1. Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances specified by the Government 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.

Article 55 of the 2015 Penal Code provides for decision on sentence for multiple crimes as follows:

When a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:

1. Primary sentence:

a) If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence and 30 years for determinate imprisonment;

b) If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals (=) 01 day's imprisonment.

c) If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;

d) If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;

dd) Fines shall be aggregated and shall not be combined with other sentences;

e) Expulsion shall not be combined with other sentences;

2. Additional sentence:

a) If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this document; fines shall be aggregated;

b) If the sentences imposed are of various types, the convict must serve all of them.

According to the above regulations in Vietnam, anyone who grows cannabis plants for the purpose of selling for illicit profits will be handled for two crimes, namely, growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances and illegal deal in narcotic substances. The specific penalty depends on the court's decision on the combination of penalties for the above two crimes.

Best Regards!