Synthetic and Novel Drugs in China: A Rapidly Expanding Category of Criminal Liability
China has one of the world's most expansive schedules of controlled synthetic drugs and novel psychoactive substances. Substances that are legal or unregulated in other countries may be treated as Class A drugs in China. This article explains the legal risks foreign nationals face regarding synthetic drugs.
China regulates synthetic drugs and novel psychoactive substances (NPS) through a combination of the PRC Criminal Law, the Narcotics Control Regulations, and supplementary catalogues issued by the State Council and the National Narcotics Control Commission. The supplementary catalogues are updated periodically as new substances emerge — China has added fentanyl-related substances (2019), synthetic cannabinoids (2021), and other NPS classes to the controlled list as part of its aggressive regulatory approach. Possession, use, or trafficking of any substance listed in the catalogues is treated identically to traditional narcotics under the Criminal Law.
How China Classifies and Prosecutes Novel Psychoactive Substances
A distinctive risk for foreign nationals is that substances legal or unregulated in their home countries may be strictly prohibited in China. This includes certain research chemicals, "legal highs," and pharmaceutical compounds not approved for sale in China. A foreigner who orders such substances online for personal use — having used them legally elsewhere — may find themselves charged with a drug offence carrying severe penalties. The prosecution does not need to prove the defendant knew the substance was specifically prohibited in China; knowledge that the substance had some psychoactive effect may be sufficient. If a foreign national is charged with a synthetic drug offence, the defence may challenge: the laboratory identification and scheduling of the substance; whether the substance was actually controlled at the time of the alleged offence; and whether the defendant possessed the requisite knowledge of the substance's nature.
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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)
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