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China's judicial and law enforcement authorities have jointly issued new guidelines on handling criminal cases involving fentanyl-related substances, clarifying the quantity thresholds to be used in determining convictions and sentences for such crimes and distinguishing between pharmaceutical and non-pharmaceutical fentanyl-related substances, according to China's Supreme People's Procuratorate on Wednesday.

The guidelines, jointly issued by China's Supreme People's Court, Supreme People's Procuratorate and the Ministry of Public Security, aim to ensure the accurate enforcement of the law, protect public health and maintain social stability.

The 18-article guidelines, which took effect on Wednesday, provide guidance on the application of law in criminal cases involving fentanyl-related substances and call for strict punishment of such crimes. For pharmaceutical fentanyl-related substances, the guidelines adopt the quantity standards for fentanyl set out in existing judicial interpretations on drug-related crimes, while non-pharmaceutical fentanyl-related substances are subject to the quantity standards for heroin under the Criminal Law.

Existing judicial interpretations on drug-related crimes involving pharmaceutical fentanyl-related substances specify that 125 grams or more of fentanyl or more constitutes a "large quantity" of other drugs. Those who smuggle, traffic, transport or manufacture such an amount face 15 years' imprisonment, life imprisonment or the death penalty, along with confiscation of property. An amount of 25 grams or more but less than 125 grams constitutes a "relatively large quantity" of other drugs, punishable by at least seven years' imprisonment and a fine.

The guidelines also specify the scope of fentanyl-related substances, basic requirements for evidence collection, rules for determining whether suspects knew they were handling drugs, recovery of illegal proceeds and jurisdiction over related cases, providing more specific guidance for judicial and law enforcement authorities.

According to the new guidelines, fentanyl-related substances are a collective term for the potent opioid analgesic fentanyl and its analogues. They are characterized by rapidly evolving synthetic forms, a wide range of derivatives and serious risks of abuse, with most having no legitimate medical use. In recent years, China has seen criminal cases involving the smuggling, trafficking and manufacturing of fentanyl-related substances, posing risks to public health and social stability.

The guidelines further strengthen China's legal framework under the Criminal Law for combating fentanyl-related crimes, with strict measures targeting source-level offenses, illicit proceeds and cross-border trafficking, while providing more specific criteria for prosecution and sentencing, Huo Zhengxin, a professor at the China University of Political Science and Law, told the Global Times on Wednesday. 

Meanwhile, the guidelines provide judicial authorities with clearer guidance on handling related cases while taking into account the rapid emergence and evolution of fentanyl-related substances, Huo said.

The Ministry of Public Security, the National Health Commission and the National Medical Products Administration also announced on Wednesday to place the entire class of oripavine-related substances on the list of non-pharmaceutical narcotic drugs and psychotropic substances.

Sentencing for fentanyl-related crimes should be based on the quantity of drugs involved while also taking into account the nature and specific circumstances of the crime, its harmful consequences, as well as the defendant's subjective culpability and personal dangerousness, according to the guidelines.

The guidelines call for authorities to strengthen coordination with customs, postal authorities and drug regulators, step up checks and controls in key areas, industries, links, items and among key individuals, and intensify monitoring and law enforcement targeting logistics deliveries, international parcels and the internet to identify case leads in a timely manner and launch investigations and crackdowns when appropriate.
They also call for targeted cooperation with key countries in handling cases, including stronger evidence sharing and judicial assistance, to jointly combat the transnational smuggling of fentanyl-related substances.

China has long maintained strict drug-control measures, and consecutive efforts have been made to curb drug abuse. However, China's efforts alone are not enough, and the international community should step up joint efforts to combat the problem, Huo said.
Meanwhile, the Supreme People's Procuratorate and the Ministry of Public Security have issued separate standards for initiating criminal prosecutions in fentanyl-related cases.

The guidelines subject fentanyl-related substances to strict controls as a whole, aiming to close loopholes that could be exploited to develop new substances through chemical modifications, while also emphasizing international cooperation. This further strengthens China's legal framework for drug control and contributes to global drug governance, Huo added.