The Narcotics Control Act
The Act on the Management of Narcotics, etc. (마약류 관리에 관한 법률) exists to ensure the proper handling and management of narcotics, psychotropic substances, cannabis, and raw materials, and to provide for the treatment and prevention of drug addiction. By preventing the harm to public health caused by misuse or abuse, the Act aims to improve national health and help build a healthier society. The provisions of the Act on the Management of Narcotics, etc. are as follows.
- Article 1 (Purpose) The purpose of this Act is to contribute to improving national health by preventing harm (危害) to public health caused by the misuse or abuse of narcotics, psychotropic substances (向精神性醫藥品), cannabis (大麻), and raw materials, through their proper handling and management.
- Article 2 (Definitions) The terms used in this Act are defined as follows.
1. The term "narcotics, etc." means narcotics, psychotropic substances, and cannabis.
Under the Narcotics Control Act, substances such as the opium poppy, opium, and cocaine are treated as narcotics. The Act classifies them in alphabetical order into categories, ranging from Item (a) through Items (d) and (e), and defines the narcotics that fall under each.
The Narcotics Control Act is legislation enacted to properly manage narcotics, psychotropic substances, and cannabis, and to prevent harm to public health caused by their misuse or abuse. The Act regulates the conduct of those who handle narcotics and governs their manufacture, import, export, possession, transport, and sale. Its key provisions include the following.
- Definition of narcotics, etc.: Narcotics, etc. are defined to include narcotics, opium, and cocaine.
- Definition of narcotics handlers: This category includes importers and exporters, manufacturers, raw-material users, managers, retailers, academic researchers, medical practitioners, and cannabis cultivators of narcotics, etc.
- Regulation of conduct: Any person who is not a registered narcotics handler may not handle narcotics or psychotropic substances, and related conduct is strictly regulated by law.
- Licensing and designation: Narcotics handlers must obtain a license or designation from a specific authority, and such license or designation may not be lent or transferred to another person.
- Treatment of addicts: Treatment and protection facilities may be established or designated for drug addicts, in order to support their reintegration into society.
- Public awareness and outreach: Public awareness campaigns to prevent the harms of narcotics and social-welfare programs to help addicts reintegrate into society are carried out.
In addition, the Narcotics Control Act also covers provisions on advertising restrictions, supervision and enforcement, rewards for reporting and filing accusations, and penalties.
Penalties for Drug Crimes
Under Article 4 of the Narcotics Control Act, anyone who is not a registered narcotics handler is prohibited from handling narcotics, etc., and may not possess, own, use, transport, manage, import, export, manufacture, prepare, administer, hand over, sell, broker the sale of, or provide narcotics or psychotropic substances.
The representative drugs and corresponding penalties by category under the Narcotics Control Act are as follows.
‣ Item (a): methamphetamine, heroin, cocaine, amphetamine, etc.
- Possession, ownership, use, transport, management, administration, storage: imprisonment for at least 5 years
- Sale, manufacture, import: life imprisonment or imprisonment for at least 5 years
- For profit or as a habitual offender: the death penalty, life imprisonment, or imprisonment for at least 10 years
‣ Item (b): fentanyl, morphine, methadone, etc.
- Possession, ownership, use, transport, management, administration, storage: imprisonment for at least 3 years
- Sale, manufacture, import: imprisonment for up to 10 years
- For profit or as a habitual offender: imprisonment for up to 15 years
‣ Item (c): zolpidem, etizolam, clonazepam, etc.
- Possession, ownership, use, transport, management, administration, storage: imprisonment for at least 1 year
- Sale, manufacture, import: imprisonment for up to 7 years
- For profit or as a habitual offender: imprisonment for up to 10 years
As for sentencing levels by type of drug crime, the penalty for possession varies depending on the type and quantity of the drug: Item (a) carries imprisonment of at least 5 years, Item (b) at least 3 years, and Item (c) at least 1 year.
For selling drugs or importing them illegally from abroad, Item (a) carries life imprisonment or imprisonment for at least 5 years, Item (b) imprisonment for up to 10 years, and Item (c) imprisonment for up to 7 years.
Manufacturing drugs may be subject to the most severe and aggravated penalties among drug crimes. Item (a) corresponds to the death penalty, life imprisonment, or imprisonment for at least 10 years; Item (b) to imprisonment for up to 15 years; and Item (c) to imprisonment for up to 10 years.
The factors affecting drug sentencing include the type and quantity of the drug, with the heaviest penalties applying in the order of Items (a), (b), and (c). The sentence also varies depending on factors such as the number of prior offenses, criminal record, whether there was a profit-making purpose, and the degree of remorse shown. Moreover, even for a first-time offender, the sentence for a drug crime tends not to be light, because drug crimes have a higher recidivism rate than other offenses.
It is difficult to obtain leniency for drug-related crimes even as a first offender, since simple possession alone can result in imprisonment of at least 1 year. Under the sentencing guidelines for drug crimes, the penalty varies according to administration and possession, sale and brokering, import/export and manufacture, as well as the dosage and type of drug. Because factors such as passive involvement, diminished mental capacity, a voluntary and active willingness to undergo treatment, criminal record, and cooperation with the investigation are treated as mitigating circumstances, actively cooperating with the investigative authorities and showing a remorseful attitude can help reduce the sentence. For this reason, it is advisable to face the investigation with the assistance of an attorney who specializes in drug cases.
Drug Testing
The types and methods of drug testing include urine tests and hair tests. When someone is suspected of having used drugs, the investigative authorities will request the submission of urine and hair samples, and if the person refuses, a warrant may be issued to obtain the samples by force. A urine test uses a kit for a simple reagent screening, allowing the result to be confirmed. In the case of a hair test, because drugs accumulate readily in hair, analyzing the hair makes it possible to accurately estimate not only the fact of use but also the timing.
These days, urine tests are reported to have an accuracy of over 95%. Accordingly, if someone has used drugs recently or habitually, a urine test is expected to come back positive almost 100% of the time. The detection window varies slightly depending on the type of drug, but it is generally understood that drug use can be detected within 3 to 7 days.
The reason a hair test is conducted alongside a urine test is to compensate for the weakness of urine tests, namely their short detection window. Because hair is an organ in which dead skin accumulates, it can reveal the use of any drug. As a result, attempts to evade detection through hair removal, head shaving, or dyeing can also be blocked. In addition, a hair test can reveal whether drugs were used anywhere from several months to a year earlier, and through chromatography it can even identify which drug was used and when.
Drug Crime Attorney
Legal issues involving drugs are extremely serious and complex. Therefore, when facing criminal proceedings or legal problems related to drugs, the assistance of an attorney who specializes in drug cases is essential. A drug-specialist attorney has the expertise and experience needed to handle these complex legal issues and can represent and defend the accused in the best possible manner.
Accordingly, when you are confronted with a legal issue involving drugs, it is advisable to seek the assistance of a drug-specialist attorney nearby. A drug-specialist attorney can properly protect the rights of the accused and handle the case promptly and efficiently. If you are facing criminal proceedings or a legal problem involving drugs, seek the assistance of a drug-specialist attorney.
