Can Using or Selling Etomidate E-Cigarettes Lead to Criminal Detention?

Etomidate is a narcotic drug regulated in China

Selling etomidate is illegal. Trafficking one kilogram of etomidate can result in a two-year fixed-term prison sentence. Etomidate is a narcotic drug subject to state control in China. Article 355 of the Criminal Law of the People’s Republic of China provides that the crime of illegally supplying narcotic drugs or psychotropic substances refers to acts by units or individuals legally engaged in the production, transportation, management, or use of state-controlled narcotic drugs or psychotropic substances who, knowing that another person is a drug user, provide that person with state-controlled narcotic drugs or psychotropic substances capable of causing dependence. “Illegal” refers to any act not approved or authorized by state law.

If the act of using etomidate constitutes a relatively minor offense, the offender may be detained for not less than 10 days but not more than 15 days, and may also be fined up to RMB 2,000; if the circumstances are relatively minor, the offender may be detained for not more than 5 days or fined up to RMB 500. Relevant provisions on this are set out in Article 72 of the Law of the People’s Republic of China on Public Security Administration Punishments.

Legal Basis

Law of the People’s Republic of China on Public Security Administration Punishments

Article 72: Whoever commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may also be fined up to RMB 2,000; if the circumstances are relatively minor, the offender shall be detained for not more than 5 days or fined up to RMB 500:

(1) illegally possessing less than 200 grams of opium, less than 10 grams of heroin or methamphetamine, or other small quantities of narcotic drugs;

(2) providing narcotic drugs to another person;

(3) using or injecting narcotic drugs;

(4) coercing or deceiving medical personnel into prescribing narcotic drugs or psychotropic substances. Public security authorities have not classified etomidate as a narcotic drug in the same category as illicit drugs, and because its intoxicating or hallucinogenic properties cannot be established, etomidate has not been designated as an illicit drug category substance. Etomidate is a special-category medication used for short-term clinical anesthesia; special-category drugs are divided into psychotropic substances and narcotic drugs. Serious circumstances may still be punished.

Criminal Law of the People’s Republic of China

Article 355 provides that the crime of illegally supplying narcotic drugs or psychotropic substances refers to acts by units or individuals legally engaged in the production, transportation, management, or use of state-controlled narcotic drugs or psychotropic substances who, knowing that another person is a drug user, provide that person with state-controlled narcotic drugs or psychotropic substances capable of causing dependence. “Illegal” refers to any act not approved or authorized by state law.