Starting October 1, using this type of vape could lead to 15 days’ detention

Recently, according to CCTV news, the police in Dangyang, Yichang City, Hubei Province, dismantled a major criminal gang involved in the production and sale of e-cigarettes containing etomidate.

Previously, the Dangyang police received intelligence indicating that there were individuals selling a large number of e-cigarettes containing the anesthetic etomidate in Yichang city. After in-depth analysis, the police identified a four-tier network led by individuals named Xiao and Zhang, consisting of raw material suppliers, product manufacturers, distributors, and retail sellers. The gang was well-organized, with clear divisions of labor among its members. During the operation, the police arrested 13 suspects involved in illegal activities, including 9 individuals selling etomidate e-cigarette cartridges, and seized over 300 etomidate e-cigarette cartridges and more than 49,000 yuan in related funds on-site.

Upon further investigation, on the evening of September 6, police went to Wuhan and arrested manufacturers Li and Wang, seizing over 800 etomidate e-cigarette cartridges and raw materials at the scene. Currently, the Dangyang police have criminally detained 11 individuals, and the case is still under further investigation.

Source: CCTV News

Hu Dan, a member of the China Green Development Association's tobacco control working group, told Legal Daily reporters that in recent years, e-cigarettes have gained popularity due to their diverse flavors, pleasant aromas, and rich tastes, particularly attracting curious young people who find it easier to choose e-cigarettes over traditional cigarettes. However, the harmfulness of e-cigarettes has not diminished; the aerosols generated during their use typically contain known toxic substances such as ethylene glycol, aldehydes, volatile organic compounds (VOCs), and metals. It has been confirmed that using e-cigarettes is associated with the occurrence of myocardial infarction, asthma, and chronic obstructive pulmonary disease (COPD), and can even act as a "tumor inducer," potentially participating in the biological processes of malignant diseases and neurodegeneration.

Moreover, using "high-inducing e-cigarettes" can easily lead to addiction, with dire consequences. She pointed out that such "high-inducing e-cigarettes" are illegal products where criminals add narcotic drugs to e-liquid, disguising them as "tobacco" and using gimmicks like "enhanced flavor," "satisfaction," and "not illegal to use" as selling points, forming an illegal industrial chain of production, sale, and trafficking, which is active in the gray area between tobacco and drugs, severely affecting social order and public health.

Previously, the anti-drug team of the Qingyuan Branch of the Ji'an Public Security Bureau in Jiangxi Province discovered that there were production and sales points for "high-inducing" e-cigarettes in their jurisdiction. With the cooperation of relevant departments, police successfully arrested Liu and He, who were suspected of selling etomidate products, seizing over 100,000 yuan in related funds, more than 400 grams of etomidate, over 500 cartridges, and more than 70 bottles of e-liquid.

In July this year, the Jiangcheng Branch of the Yangjiang Public Security Bureau in Guangdong Province received a tip-off regarding a "tobacco powder" case, obtaining information about suspects purchasing "tobacco powder" from other provinces for sale in Yangjiang. Subsequently, police arrested suspects He and Chen, seizing 7 bags of "tobacco powder" weighing a total of 6.5 kilograms from the involved vehicle. It was found that suspect He purchased this batch of "tobacco powder" from another province and hired Chen to drive the vehicle, intending to transport the batch to Yangjiang for sale. The Jiangcheng police have criminally detained the two individuals mentioned above.

Source: Yangjiang Public Security

Public information shows that this substance, commonly referred to as "tobacco powder," has the chemical name "etomidate," appearing as a white crystalline or crystalline powder, and is one of the commonly used drugs for anesthetic induction. Clinically, it is mainly used for general anesthesia induction and can also be used for short-term surgical anesthesia. However, adding it to regular cigarette tobacco or mixing it into e-liquid for inhalation can cause dizziness, instability, and a state similar to intoxication. High doses can lead to irritability, lethargy, and even death.

It is worth mentioning that according to the announcement issued by the National Medical Products Administration, the Ministry of Public Security, and the National Health Commission regarding the adjustment of the catalog of narcotic drugs and psychotropic substances (Announcement No. 120 of 2023), etomidate (excluding etomidate-containing drug formulations approved for marketing in China) is classified as a second-class psychotropic substance, effective from October 1, 2023. "This means that using 'high-inducing e-cigarettes' is equivalent to drug use," said Wei Zhuoran, a member of the Legal Daily's expert lawyer database and deputy director of the Criminal Law Professional Committee of Beijing Huixiang Law Firm. Before regulation, selling e-cigarettes containing etomidate could constitute crimes such as obstructing drug management, fraud, illegal business operations, and selling inferior products; after regulation, the most significant change is that selling e-cigarettes containing etomidate will constitute drug trafficking, with heavier criminal liability. According to Articles 357 and 347 of the Criminal Law of our country, drugs refer to opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine, and other narcotic drugs and psychotropic substances regulated by the state that can lead to addiction. For drug trafficking, depending on the quantity of drugs, penalties can range from control, detention, fixed-term imprisonment, life imprisonment, to the death penalty.

Additionally, mere use cannot escape punishment. Lawyer Wei stated that before regulation, etomidate was not classified as a drug, and using it in public places might involve administrative responsibility, such as local regulations on smoking in public places, where public security authorities could only make a decision not to impose penalties based on Article 95, Item 2 of the Public Security Administration Punishment Law; after regulation, according to Article 72 of the Public Security Administration Punishment Law, using drugs can result in detention of more than 10 days but less than 15 days, and a fine of up to 2,000 yuan; for less serious cases, detention of less than 5 days or a fine of less than 500 yuan.

Many police departments remind:

High-inducing e-cigarettes are drugs!

Do not be curious, do not try, do not abuse.

If you discover any illegal drug-related activities, please report them to the public security authorities promptly!