III. Striking Hard Against Fentanyl-Related Crimes in Accordance with the Law

China actively responds to new challenges associated with fentanyl-related substances. To prevent the abuse of fentanyl-related substances and to combat and control related crimes to the greatest extent possible, it has adopted integrated measures such as expanding the list of controlled substances, strengthening regular supervision, stepping up inspection and seizure, and implementing innovative controls.

– Expanding the list of controlled substances in a timely manner. China actively fulfills its obligations as a contracting state to UN's Single Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances of 1971. In accordance with relevant provisions of its Regulations on Administration of Narcotic Drugs and Psychotropic Substances and Measures on the Control of Nonmedical Narcotic Drugs and Psychotropic Substances, China expands its list of controlled substances in line with the United Nations control list in a timely manner. 

Its List of Controlled Narcotic Drugs (2013) enumerates 13 types of fentanyl-related substances. Its Supplementary List of Nonmedical Narcotic Drugs and Psychotropic Substances was expanded to include the following:

• Acetylfentanyl and five other types of fentanyl-related substances in October 2015;

• Carfentanil, furanylfentanyl, acrylfentanyl and valerylfentanyl in March 2017;

• Tetrahydrofuranylfentanyl and 4-fluoroisobutyrfentanyl in September 2018.

Before bringing all types of fentanyl-related substances under control, China had already listed 25 types of controlled fentanyl-related substances, more than the number on the United Nations control list in the same period.

– Implementing full control of fentanyl-related substances. China proactively engages in drug control. To safeguard the health, safety, and wellbeing of all of humanity, China has actively responded to the concerns of the international community in dealing with fentanyl-related substances. In China, the harm these substances have caused is limited. Still, China takes precautions and preemptive actions to prevent and address the potential risks and hazards posed by such new drugs. 

On April 1, 2019, China issued a statement announcing full control of fentanyl-related substances to be effective from May 1, 2019, making it the first country in the world to impose full control of fentanyl-related substances. China's policy is sounder, stricter, and broader in scope than mechanisms such as scheduling of fentanyl analogues, genetic control, and temporary scheduling in other countries. In addition, by formulating and implementing the Action Plan for Implementing Full Control of Fentanyl-related Substances, strengthening top-level design and overall planning, and employing integrated measures such as monitoring and early warning, regular supervision, law enforcement to combat crimes, and public communication and education, control over these substances has been effectively strengthened.

– Improving the legal framework. After extensive research, scientific experiments, and expert verification, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security formulated guidelines on issues concerning the application of law in handling criminal cases involving fentanyl-related substances. The Supreme People's Procuratorate and the Ministry of Public Security formulated regulations on the thresholds for filing and proceeding with criminal cases involving fentanyl-related substances. The Ministry of Public Security formulated and released the conversion table on fentanyl-related substances. These documents set the thresholds for filing and proceeding with criminal cases involving fentanyl-related substances, and the standards for convicting and sentencing those accused, providing a basis and legal guarantee for related law enforcement and judicial work.

– Maintaining a tough stance against related crimes. Public security organs have struck hard against crimes involving fentanyl-related substances in accordance with the law. After fentanyl-related substances were put under full control in May 2019, the Ministry of Public Security launched special campaigns three years in a row to combat the illegal manufacturing and trafficking of fentanyl-related substances and other new drugs. In 2023, it launched a special campaign to wipe out fentanyl-related substances, working with the customs authorities to step up efforts to inspect exported cargo and articles at key ports, especially those to key countries. In another campaign in collaboration with the State Post Bureau to stem drug delivery through logistic services, it reiterated the supervisory duties of competent departments and the primary accountability of delivery services. A multi-agency mechanism for inspection and seizure was established, and intelligence analysis and special case investigations were strengthened. Since implementing full control of fentanyl-related substances, China has not detected any further cases of smuggling or selling fentanyl-related substances abroad.

– Tightening the regulation of online information. In response to illegal online postings of sales information concerning fentanyl-related substances and their precursors, the Office of China National Narcotics Control Commission, together with competent authorities, has urged online platforms in the chemical industry to implement measures like real-name registration for users, examination and approval of postings, online information inspection, and handling and reporting of harmful information. The release of sales information on suspicious chemicals is strictly prohibited, and any issues or leads found must be promptly reported to public security departments to be dealt with. Public security departments have tightened the regulation and cleanup of online information on fentanyl-related substances and related precursors. As of June 2024, more than 140,000 illegal advertisements had been blocked or removed and 14 online platforms were ordered to take corrective action or shut down.