Is cannabis a narcotic substance? What are administrative fines for smoking cannabis in Vietnam?

Is cannabis a narcotic substance in Vietnam?

According to Table ID of List I of the Appendix issued together with the Decree 57/2022/NĐ-CP stipulating narcotic substances banned from healthcare and life, the use of which for analysis, testing, scientific research and criminal investigation is subject to permission by competent authorities in Vietnam as follows:

*Except for the ethyl ester of iodized fatty acids in poppy seed oil, which no longer contains the narcotic drug from opium.

As regulations above, cannabis is banned from healthcare and life. It can only be used for analysis, testing, scientific research and criminal investigation is subject to permission by competent authorities in Vietnam. Therefore, your boyfriend is violating the law for illegal smoking.

What are administrative fines for smoking cannabis in Vietnam?

Pursuant to Clause 1 and 8, Article 23 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on prevention, combat and control of narcotic substances in Vietnam 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.

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.

Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

As regulations above, a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for illegal use of narcotic substances.

Shall anyone smoking cannabis in Vietnam face criminal liability?

Pursuant to Article 249 of the Criminal Code in 2015 (amended by Clause 66 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating illegal possession of narcotic substances in Vietnam as follows:

1. Any person who possesses narcotic substances for purposes other than trading, transporting, or manufacturing narcotic substances in any of the following circumstances shall face a penalty of 01 - 05 years' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Article 248, 250, 251 and 252 hereof ;

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

c) The offence involves a quantity of from 0.1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d) The offence involves from 01 kg to under 10 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;

dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;

e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;

g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;

h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;

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

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

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

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

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

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

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

h) 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;

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

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

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

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

n) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause.

o) Dangerous recidivism;

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 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 carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

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, 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 ≥ 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.

Thus, at present, there is no provision in the law on criminal prosecution for illegal use of narcotics (smoking cannabis).

Cannabis smokers will not be prosecuted for illegal drug use, but can be prosecuted for illegal possession of drugs. Offenders can be jailed for up to 20 years or for life. Depending on the level of behavior, the amount of marijuana the person is in possession of to determine the prison sentence.

Best regards!