Drug Possession in China: What the Law Says and What Happens in Practice

China criminalises drug possession at levels far lower than many Western countries. A foreign national found with even a small quantity of a controlled substance faces criminal investigation and possible prosecution. This article explains the legal thresholds, typical case progression, and defence considerations for drug possession cases.

Drug possession in China is not a standalone offence in the way it is in many Western jurisdictions. Under Article 348 of the PRC Criminal Law, possession of drugs in quantities above specified thresholds is a criminal offence — for heroin and methamphetamine, 10 grams; for ketamine, 100 grams. Below these thresholds, possession is typically handled as an administrative matter under the Narcotics Control Regulations, punishable by detention of 10–15 days and a fine of up to RMB 2,000. However, if the prosecution can establish an intent to traffic — even for small quantities — the charge escalates to Article 347.

Thresholds for Criminal Possession in China

A foreign national detained for drug possession will typically be taken to a Public Security Bureau detention facility. A urine or blood test will be administered, and a positive result is strong evidence of use or possession. The immediate priorities for counsel are: verifying the quantity and laboratory identification of the substance; determining whether the PSB is pursuing an administrative or criminal disposition; checking that the search and seizure complied with procedural requirements; and, if the person is a first-time offender, advocating for administrative rather than criminal handling — or, where criminal charges are unavoidable, for the minimum applicable sentence with consideration of the plea leniency system.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: Criminal Law (CN)
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
Related: Hiring a Lawyer From Overseas →  |  Detention Timeline →  |  Bail Guide →