If drug addicts have the following circumstances at the same time, the public security organs will determine that they are addicted to drugs:

1. Testing of human biological samples proves that their bodies contain drug ingredients;

2. There is evidence proving drug use;

3. There are withdrawal symptoms or evidence proving a history of drug use, including being investigated and punished by public security organs for drug use or undergoing voluntary detoxification.

The constituent elements of drug trafficking crime are as follows:

1. The object of infringement is the country’s drug management system and the people’s lives and health.

2. Objectively speaking, the perpetrator has carried out the act of selling drugs.

3. The perpetrator is a natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible.

4. In the subjective aspect, it appears intentional.

The sentencing standards for drug trafficking crimes are as follows:

1. Anyone who sells and manufactures heroin or methamphetamine of more than ten grams but less than twenty-five grams or other drugs of equivalent quantity shall generally be sentenced to more than seven years and ten years.

2. Those who traffic in heroin or methamphetamine of more than 25 grams but less than 40 grams or other drugs of similar quantity shall generally be sentenced to fixed-term imprisonment of not less than ten years but not more than thirteen years;

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3. Anyone who sells heroin or methamphetamine of more than 40 grams but less than 50 grams or other drugs of similar quantity shall generally be sentenced to fixed-term imprisonment of not less than thirteen years but not more than fifteen years.

To sum up, the determination of drug addiction by the public security organ should be carried out by more than two people's policemen, and the determination opinion should be submitted within 24 hours of making the conclusion of the human biological sample test, and the determination opinion should be signed by the identifying officer. , reviewed by the person in charge of the unit, and stamped with the seal of the unit.

Legal basis:

Article 31 of the "Anti-Drug Law of the People's Republic of China"

The state takes various measures to help drug addicts detoxify. Addiction, education and rescue of drug addicts.

Persons addicted to drugs should undergo drug rehabilitation treatment.

The methods for identifying drug addiction shall be stipulated by the health administration department, drug supervision and administration department, and public security department of the State Council.