Is cannabis considered a narcotic substance in Vietnam?
Is cannabis considered a narcotic substance in Vietnam? What are penalties for using cannabis in Vietnam?
I am currently an intern at Entertainment Company O. During my internship, I have composed some music, and in the process of composing, I need some ideas, so I used cannabis. Can you tell me, is cannabis considered a narcotic substance and what are the penalties for using cannabis? Please advise.
Is cannabis considered a narcotic substance in Vietnam?
According to List I: 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 (Issued together with Decree No. 73/2018/ND-CP dated May 15, 2018 of the Government):
ID. The following substances
|
No |
Substance name |
Science name |
CAS information code |
|
45 |
Cannabis and cannabis products |
8063-14-7 |
|
|
46 |
Khat leaves |
Catha edulis leaves |
Thus, according to the legal regulations in Vietnam, cannabis belongs to the list I of 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.
Is cannabis considered a narcotic substance in Vietnam? (Image from the Internet)
What are penalties for using cannabis in Vietnam?
Based on Article 1 of Decree 144/2021/ND-CP regulating 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.
According to Article 249 of the 2015 Criminal Code amended by Article 66 of the 2017 Law on amending the Penal Code, illegal possession of narcotic substances is regulated 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.
Under Article 251 of the 2015 Criminal Code, illegal deal in narcotic substances is regulated as follows:
1. Any person who illegally deals in narcotic substances shall face a penalty of 02 - 07 years' imprisonment.
Therefore, according to the above regulations in Vietnam, the act of using cannabis may be subject to administrative penalties and criminal liability.
Best Regards!
