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Measures for determination of drug addiction in Article 31 of the Anti-Drug Law

Article 1: In order to standardize the identification of drug addiction, scientifically identify drug addicts, take detoxification measures and provide detoxification treatment for drug addicts in accordance with the law, in accordance with the "People's Republic of China and the National Drug Control Regulations" "Law" and "Drug Treatment Regulations", these measures are formulated.

Article 2: Drug addiction as mentioned in these Measures refers to the chronic relapsing encephalopathy caused by repeated use of drugs by drug addicts, which is characterized by the behavior of compulsively seeking and using drugs regardless of adverse consequences. It is often accompanied by varying degrees of damage to personal health and social functions.

Article 3: The term "drug addiction identification" as mentioned in these Measures refers to the identification of drug addiction by the public security organs or drug rehabilitation medical institutions entrusted by them by testing drug addicts' human biological samples, collecting evidence of their drug addiction, or based on physiological and psychological factors. , mental symptoms, signs, etc., to determine whether it is addictive and whether the addiction is serious.

The term "drug detoxification medical institutions" as mentioned in these Measures refers to specialized drug detoxification hospitals and other medical institutions with drug detoxification treatment departments that comply with the provisions of the "Interim Measures for the Administration of Drug Detoxification Medical Services".

Article 4: When public security organs discover drug addicts during law enforcement activities, they shall conduct a drug addiction determination; if identification is difficult due to technical reasons, they may entrust a qualified drug treatment medical institution to conduct the identification.

Article 5: Drug rehabilitation medical institutions responsible for the identification of drug addiction shall be designated by the provincial health and family planning administrative department in conjunction with the public security organs at the same level.

Article 6: The public security organ’s determination of drug addiction shall be conducted by two or more people’s policemen, and a determination opinion shall be submitted within 24 hours of the conclusion of the human biological sample test, and shall be signed by the determination officer. After review by the person in charge of the unit, the unit's seal will be stamped.

Relevant evidence materials should be used as an integral part of the determination opinion.

Article 7: If a drug addict has the following circumstances at the same time, the public security organ will determine that he is addicted to drugs:

(1) Proven by testing of human biological samples such as blood, urine and saliva Contains drug components in his body;

(2) There is evidence to prove that he has used drugs;

(3) He has withdrawal symptoms or there is evidence to prove a history of drug use, including having ever been addicted to drugs. Drugs have been investigated and dealt with by the public security organs, voluntary detoxification has been carried out, drug components have been detected in human hair samples, etc.

The specific circumstances of withdrawal symptoms are determined with reference to the "Guiding Principles for the Diagnosis and Treatment of Opioid Dependence", "Guiding Principles for the Diagnosis and Treatment of Amphetamine Dependence" and "Guiding Principles for the Diagnosis and Treatment of Ketamine Dependence" formulated by the Ministry of Health .

Article 8: If a drug addict has one of the following circumstances, the public security organ shall determine that he or she is seriously addicted to drugs:

(1) He has been ordered to undergo community detoxification or forced isolation detoxification (Including those who were forced to detoxify or reeducate through labor before the implementation of the "Anti-Drug Law"), community rehabilitation, or participated in drug rehabilitation drug maintenance treatment, and then smoked or injected drugs again;

(2) There is evidence to prove that they used injection methods Using drugs or using drugs for at least three times cumulatively involving two or more types of drugs;

(3) There is evidence to prove that the use of drugs is accompanied by gathering in groups for lewdness, self-injury or self-mutilation, or violent infringement of the personal or property safety of others, or obstruction of public safety. ***Safety and other behaviors.

Article 9: Public security organs shall conduct human biological sample testing during the identification process of drug addiction, in accordance with the relevant provisions of the "Procedural Regulations for Drug Addiction Testing" formulated by the Ministry of Public Security.

Article 10: The people’s police responsible for the identification of drug addiction in public security organs shall meet the following conditions:

(1) Have a police rank of second-level police officer or above and have been employed for more than two years Relevant law enforcement work experience;

(2) Having been trained by provincial public security organs and health and family planning administrative departments and passed the examination.

Article 11: If the public security organ entrusts a drug rehabilitation medical institution to determine drug addiction, it shall entrust it and submit a letter of authorization within seventy-two hours of the last time the drug addict took drugs. If the request exceeds 72 hours, the drug treatment medical institution may not accept it.

Article 12: Drug addiction medical institutions and their medical staff responsible for identifying drug addiction shall conduct drug addiction identification work in accordance with the relevant provisions of the "Interim Measures for the Administration of Drug Rehabilitation Medical Services".

Article 13: The determination of drug addiction by a drug rehabilitation medical institution shall be made by two doctors responsible for the determination of drug addiction.

Article 14: Physicians responsible for identifying drug addiction should meet the following conditions: (1) Comply with the relevant provisions of the "Interim Measures for the Administration of Drug Rehabilitation Medical Services";

(2) Have been engaged in drug rehabilitation medical work for no less than three years;

(3) Have intermediate or above professional and technical qualifications.

Article 15: When a drug rehabilitation medical institution collects medical history and physical examination from drug addicts, the entrusted public security agency shall send relevant personnel to assist on the scene.