毒品危害防制條例
Narcotics Hazard Prevention Act
沿革（238 筆）
1.中華民國四十四年六月三日總統制定公布全文 22 條
2.中華民國六十二年六月二十一日總統修正公布第 4、9 條條文
3.中華民國八十一年七月二十七日總統（81）華總（一）義字第 3642 號
令修正公布名稱及第 1、4、5、7～12、14 條條文
（原名稱：戡亂時期肅清煙毒條例；新名稱：肅清煙毒條例）
4.中華民國八十七年五月二十日總統（87）華總（一）義字第 870009986
0 號令修正公布名稱及全文 36 條
（原名稱：肅清煙毒條例；新名稱：毒品危害防制條例）
中華民國八十八年四月二十八日行政院（88）台法字第 16414 號公告
調整、增減「毒品之分級及品項」部分分級及品項；並自八十八年四月
十五日生效
中華民國八十九年三月十五日行政院（89）台法字第 07544 號公告修
正第 2 條之「毒品之分級及品項」；並自八十九年三月十七日生效
中華民國九十年六月二十七日行政院（90）台法字第 032901 號公告修
正第 2 條之「毒品之分級及品項」之附表二；並自九十年六月二十七
日生效
中華民國九十一年一月二十三日行政院（91）院臺法字第 0910001605
號公告修正第 2 條附表三；並自九十一年一月二十三日生效
中華民國九十二年六月九日行政院院臺法字第 0920029247 號公告修正
及增加第 2 條條文之「毒品之分級及品項」之附表二及附表三部分分
級及品項；並自九十二年六月九日生效
5.中華民國九十二年七月九日總統華總一義字第 09200121930 號令修正
公布全文 36 條；並自公布後六個月施行
中華民國九十三年一月九日行政院院臺法字第 0930001658 號公告調整
及增減部分分級及品項；並自九十三年一月九日生效
中華民國九十三年四月二十一日行政院院臺法字第 0930015133 號公告
修正「毒品之分級及品項」部分分級及品項；並自九十三年四月二十一
日生效
中華民國九十三年七月七日行政院院臺法字第 0930030308 號公告修正
「毒品之分級及品項」部分分級及品項；並自九十三年七月七日生效
中華民國九十四年一月十四日行政院院臺法字第 0940080295-A 號公告
修正「毒品之分級及品項」部分分級及品項；並自九十四年一月十四日
生效
中華民國九十四年六月二十八日行政院院臺法字第 0940026958 號公告
修正「毒品之分級及品項」部分分級及品項；並自九十四年六月二十八
日生效
中華民國九十四年十二月九日行政院院臺法字 第0940052636 號公告修
正「毒品之分級及品項」部分品項；並自九十四年十二月九日生效
中華民國九十五年八月八日行政院院臺法字第 0950034892 號公告修正
「毒品之分級及品項」部分品項；並自即日生效
中華民國九十六年五月十一日行政院院臺法字第 0960018693 號公告修
正修正「毒品之分級及品項」部分分級及品項；並自九十六年五月十一
日生效
中華民國九十六年十二月二十一日行政院院臺法字第 0960056026 號公
告修正「毒品之分級及品項」部分分級及品項；並自九十六年十二月二
十一日生效
6.中華民國九十七年四月三十日總統華總一義字第 09700048431 號令修
正公布第 24 條條文；並自公布後六個月施行
中華民國九十八年二月二十五日行政院院臺法字第 0980006997 號公告
修正「毒品之分級及品項」部分分級及品項；並自九十八年二月二十五
日生效
7.中華民國九十八年五月二十日總統華總一義字第 09800125141 號令修
正公布第 4、11、11-1、17、20、25 條條文；並自公布後六個月施行
（參中華民國九十八年六月八日法務部法檢字第 0980802279 號函依同
條例第 36 條規定，修正條文自公布後六個月施行）
中華民國九十八年十月八日行政院院臺法字第 0980059759 號公告修正
「毒品之分級及品項」部分分級及品項；並自九十八年十月八日生效
中華民國九十九年七月二十七日行政院院臺法字第 0990039230 號公告
修正「毒品之分級及品項」部分分級及品項；並自九十九年七月二十七
日生效
8.中華民國九十九年十一月二十四日總統華總一義字第 09900317041 號
令修正公布第 2、27、28、36 條條文；增訂第 2-1 條條文；除第 2
條條文自公布後六個月施行外，其餘修正條文自公布日施行
中華民國九十九年十一月三十日行政院院臺法字第 0990065318 號公告
修正「毒品之分級及品項」部分分級及品項；並自九十九年十一月三十
日生效
中華民國一百年四月二十六日行政院院臺法字第 1000017642 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百年四月二十六日生
效
中華民國一百年六月二十日行政院院臺法字第 1000029513 號公告修正
「毒品之分級及品項」部分分級及品項；並自一百年六月二十日生效
中華民國一百年九月八日行政院院臺法字第 1000046544 號公告修正「
毒品之分級及品項」部分分級及品項；並自一百年九月八日生效
中華民國一百零一年六月二十九日行政院院臺法字第 1010133408 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零一年六月二
十九日生效
中華民國一百零一年九月四日行政院院臺法字第 1010053150 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百零一年九月四日生
效
中華民國一百零一年十二月二十五日行政院院臺規揆字第 1010154558
號公告第 33-1 條第 1 項第 3 款所列屬「國防部憲兵司令部」之權
責事項，自一百零二年一月一日起改由「國防部憲兵指揮部」管轄
中華民國一百零二年三月八日行政院院臺法字第 1020009235 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百零二年三月八日生
效
中華民國一百零二年七月十九日行政院院臺規字第 1020141353 號公告
第 2 條第 3 項、第 11 條之 1 第 4 項、第 18 條第 2 項、第
21 條第 1 項、第 27 條第 1 項、第 3 項、第 5 項、第 28 條
第 1 項、第 33 條之 1 第 1 項第 1 款、第 2 款、第 2 項、
第 3 項、第 34 條所列屬「行政院衛生署」之權責事項，自一百零二
年七月二十三日起改由「衛生福利部」管轄
中華民國一百零二年九月十八日行政院院臺法字第 1020054835 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百零二年九月十八
日生效
中華民國一百零二年十月二十五日行政院院臺規字第 1020151451 號公
告第 27 條第 1 項、第 3 項、第 5 項、第 28 條第 1 項所列屬
「行政院國軍退除役官兵輔導委員會」之權責事項，自一百零二年十一
月一日起改由「國軍退除役官兵輔導委員會」管轄
中華民國一百零二年十二月三十日行政院院臺法字第 1020077449 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零二年十二月
三十日生效
中華民國一百零三年四月十六日行政院院臺法字第 1030017571 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百零三年四月十六
日生效
中華民國一百零三年七月三日行政院院臺法字第 1030035663 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百零三年七月三日生
效
中華民國一百零三年十二月十六日行政院院臺法字第 1030070285 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零三年十二月
十六日生效
9.中華民國一百零四年二月四日總統華總一義字第 10400013411 號令修
正公布第 4、9、36 條條文；並自公布日施行
中華民國一百零四年三月三十一日行政院院臺法字第 1040013590 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零四年三月三
十一日生效
中華民國一百零四年八月十日行政院院臺法字第 1040038071 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百零四年八月十日生
效
中華民國一百零四年十月二十九日行政院院臺法字第 1040054557 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零四年十月二
十九日生效
中華民國一百零五年二月三日行政院院臺法字第 1050003329 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百零五年二月三日生
效
中華民國一百零五年六月八日行政院院臺法字第 1050164749 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百零五年六月八日生
效
10. 中華民國一百零五年六月二十二日總統華總一義字第 10500063101
號令修正公布第 18、19、36 條條文；並自一百零五年七月一日施行
中華民國一百零五年十二月二十八日行政院院臺法字第 1050188237
號公告修正「毒品之分級及品項」部分分級及品項；並自一百零五年
十二月二十八日生效
中華民國一百零六年五月二十五日行政院院臺法字第 1060013576 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零六年五
月二十五日生效
11. 中華民國一百零六年六月十四日總統華總一義字第 10600080031 號
令修正公布第 36 條條文；增訂第 2-2、31-1 條條文；並自公布日
施行
中華民國一百零六年八月二十八日行政院院臺法字第 1060185185 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零六年八
月二十八日生效
中華民國一百零六年十月二十七日行政院院臺法字第 1060192145 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零六年十
月二十七日生效
中華民國一百零七年三月二十八日行政院院臺法字第 1070084531 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零七年三
月二十八日生效
中華民國一百零七年七月十一日行政院院臺法字第 1070023001 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零七年七月
十一日生效
中華民國一百零八年二月二十日行政院院臺法字第 1080164627 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零八年二月
二十日生效
中華民國一百零八年六月十一日行政院院臺法字第 1080177435 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百零八年六月
十一日生效
中華民國一百零八年十一月十五日行政院院臺法字第 1080035495 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零八年十
一月十五日生效
12. 中華民國一百零九年一月十五日總統華總一義字第 10900004091 號
令修正公布第 2、4、9、11、15、17～20、21、23、24、27、28、
32-1、33-1、34、36 條條文；增訂第 35-1 條條文；除第 18、24
、33-1 條施行日期由行政院定之外，自公布後六個月施行
中華民國一百十年四月十五日行政院院臺法字第 1100010649 號令發
布第 18、24 條定自一百十年五月一日施行
中華民國一百零九年二月三日行政院院臺法字第 1090161934 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百零九年二月三
日生效
中華民國一百零九年七月二十四日行政院院臺法字第 1090023525 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零九年七
月二十四日生效
中華民國一百零九年十一月十六日行政院院臺法字第 1090035938 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零九年十
一月十六日生效
中華民國一百零九年十二月十五日行政院院臺法字第 1090200463 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百零九年十
二月十五日生效
中華民國一百十年五月十八日行政院院臺法字第 1100015006 號令發
布第 33-1 條定自一百十年七月一日施行
中華民國一百十年七月十四日行政院院臺法字第 1100020059 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十年七月十四
日生效
中華民國一百十年九月二日行政院院臺法字第 1100182966 號公告修
正「毒品之分級及品項」部分分級及品項；並自一百十年九月二日生
效
中華民國一百十年九月二十八日行政院院臺法字第 1100029220 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十年九月二
十八日生效
中華民國一百十一年一月七日行政院院臺法字第 1100041009 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十一年一月七
日生效
中華民國一百十一年三月十六日行政院院臺法字第 1110006063 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十一年三月
十六日生效
13. 中華民國一百十一年五月四日總統華總一義字第 11100037511 號令
修正公布第 12、36 條條文；並自公布日施行
中華民國一百十一年七月四日行政院院臺法字第 1110018853 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十一年七月四
日生效
中華民國一百十一年八月二十六日行政院院臺法字第 1110025835 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百十一年八
月二十六日生效
中華民國一百十二年一月十七日行政院院臺法字第 1110040010 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十二年一月
十七日生效
中華民國一百十二年四月十一日行政院院臺法字第 1121006823 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十二年四月
十一日生效
中華民國一百十二年八月四日行政院院臺法字第 1121030283 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十二年八月四
日生效
中華民國一百十二年十月十九日行政院院臺法字第 1121037441 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十二年十月
十九日生效
中華民國一百十三年四月二日行政院院臺法字第 1131005549 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十三年四月二
日生效
中華民國一百十三年七月十六日行政院院臺法字第 1131018680 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十三年七月
十六日生效
中華民國一百十三年八月五日行政院院臺法字第 1131020962 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十三年八月五
日生效
中華民國一百十三年十一月二十七日行政院院臺法字第 1131031622
號公告修正「毒品之分級及品項」部分分級及品項；並自一百十三年
十一月二十七日生效
中華民國一百十四年五月十四日行政院院臺法字第 1145008999 號公
告修正「毒品之分級及品項」部分分級及品項；並自一百十四年五月
十六日生效
中華民國一百十四年七月一日行政院院臺法字第 1141017190 號公告
修正「毒品之分級及品項」部分分級及品項；並自一百十四年七月三
日生效
中華民國一百十四年八月二十五日行政院院臺法字第 1141023110 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百十四年八
月二十七日生效
中華民國一百十四年十月二十九日行政院院臺法字第 1141030113 號
公告修正「毒品之分級及品項」部分分級及品項；並自一百十四年十
月三十一日生效資料來源：全國法規資料庫（ChLaw.json，版本 2025/12/26 上午 12:00:00）・政府資料開放授權
Article 1
This Act is formulated to prevent the hazards of narcotics and to safeguard the physical and mental health of the public.
Article 2
The term Narcotics in this Act refers to those narcotic drugs and their derivative products that are habit-forming, cause abusive usage, and are a danger to society, and other substances and their products that affect psychological behavior.
The narcotics are divided into four categories based on their extent of causing habitual usage, abusive usage, and danger to the society. The categories and their items are described as follows:
1.Category one: Heroin, Morphine, Opium, Cocaine, and their derivative products (as shown in Appendix 1).
2.Category two: Opium poppy, Coca, Cannabis, Amphetamines, Pethidine, Pentazocine, and their derivative products (as shown in Appendix 2).
3.Category 3: Secobarbital, Amobarbital, Nalorphine, and their derivative products (as shown in Appendix 3).
4.Category 4: Allobarbital, Alprazolam, and their derivative products (as shown in Appendix 4).
The categories and items described in the preceding Paragraph are to be assessed every three months by the review committee as set up by the Ministry of Justice in conjunction with the Ministry of Health and Welfare. The review committee shall assess those narcotic drugs and their derivative products that are habit-forming, cause abusive usage, and are a danger to society, and other such substances and their products that affect psychological behavior, as well as those substances with chemical structures that are similar to these drugs, substances or their derivative products. After this review and approval, the assessment results are to be reported to the Executive Yuan for revision, addition, deletion and promulgation, and then forwarded to the Legislative Yuan for reference.
The management of narcotics and their derivative products as used for medical and scientific purposes, as well as substances that affect psychological behavior and their products, is regulated under separate provisions.
Article 2-1
The municipality, county (city) government, tasked with enforcing narcotics prevention shall have dedicated organizations handling the following task items:
1.Advocate narcotics prevention education.
2.Provide care visits and counseling such as family restructuring and psychological counseling for drug users' families.
3.Provide with or refer drug users to various social assistances, legal services, education services, protection placement, crisis intervention services, vocational training, and employment services.
4.Provide with or refer drug users to addiction treatment and follow-up counseling.
5.Conducting urinary tests and visit drug users in accordance with the law.
6.Track and manage referral service cases.
7.Perform other narcotics prevention related tasks.
The municipality or county (city) government should set-up budgets for enforcing tasks described in the preceding Paragraph; if necessary, central authorities in charge of relevant affairs may provide subsidies at their discretion.
Article 2-2
To promote narcotics prevention works, the Ministry of Justice shall establish a fund, and the sources of the fund are as follows:
1. Issue a fund according to budget procedures.
2. Fines and seizures executed for violations of the crimes specified in this Act, appropriation from pursuing a portion of the amount gained.
3. Issue a fund from a portion of the administrative fines imposed due to violation of this Act.
4. Income gained from interests of the fund.
5. Income gained from donation.
6. Other relevant incomes.
The uses of the fund described in the preceding paragraph are as follows:
1. Subsidizing the municipality and county (city) government in handling the matters described in paragraph 1 of the preceding article.
2. Handling or subsidizing the works related to narcotics inspection, addiction treatment and research, etc.
3. Handling or subsidizing narcotics prevention education.
4. Providing or subsidizing guidance and assistance to drug users in settlement, medical treatment, education, job employment, and family supports, etc.
5. Handling or subsidizing cooperation and exchange affairs for narcotics prevention works with other countries or regions.
6. Handling or subsidizing other narcotics prevention related works.
7. Management and administrative expenditures.
8. Other relevant expenditures.
Article 3
Provisions of this Act relating to courts, prosecutors, detention centers, and prisons are applicable for military courts, military prosecutors, military detention centers, and military prisons.
Article 4
Offenders of manufacturing, transporting, or selling Category one narcotics are subject to a death sentence or life imprisonment. Offenders who are sentenced to life imprisonment may also be subject to a fine of no more than thirty million New Taiwan dollars.
Offenders of manufacturing, transporting, or selling Category two narcotics are subject to life imprisonment or a minimum ten-year fixed-term imprisonment, and may also be subject to a fine of no more than fifteen million New Taiwan dollars.
Offenders of manufacturing, transporting, or selling Category three narcotics are subject to a minimum seven-year fixed-term imprisonment, and may also be subject to a fine of no more than ten million New Taiwan dollars.
Offenders of manufacturing, transporting, or selling Category four narcotics are subject to a minimum five-year to a maximum twelve year fixed-term imprisonment, and may also be subject to a fine of no more than five million New Taiwan dollars.
Offenders of manufacturing, transporting, or selling equipment for manufacturing narcotics or for using narcotics are subject to a minimum one-year to a maximum seven year fixed-term imprisonment, and may also be subject to a fine of no more than one million and five hundred thousand New Taiwan dollars.
Persons guilty of attempting to commit the offenses as described in the preceding five Paragraphs are subject to a fine.
Article 5
Persons guilty of possession with intention to sell Category one narcotics shall be punished with life imprisonment or a minimum ten-year fixed-term imprisonment, and may be fined no more than seven million New Taiwan dollars.
Persons guilty of possession with intention to sell Category two narcotics shall be punished with a minimum five-year fixed-term imprisonment, and may be fined of no more than five million New Taiwan dollars.
Persons guilty of possession with intention to sell Category three narcotics shall be punished with a minimum three-year to a maximum ten-year fixed-term imprisonment, and may be fined of no more than three million New Taiwan dollars.
Persons guilty of possession with intention to sell Category four narcotics, or equipment for manufacturing or for using narcotics are subject to a minimum one-year to a maximum seven-year fixed-term imprisonment, and may be fined of no more than one million New Taiwan dollars.
Article 6
Persons guilty of compelling others to use Category one narcotics by means of violence, coercion, deception or other illegal methods shall be punished with a death penalty, life imprisonment, or a minimum ten-year fixed-term imprisonment. Offenders sentenced to life imprisonment, or a minimum ten-year fixed-term imprisonment may also be fined no more than ten million New Taiwan dollars.
Persons guilty of compelling others to use Category two narcotics using methods described in the preceding Paragraph shall be punished with life imprisonment, or a minimum seven-year fixed-term imprisonment, and may be fined no more than seven million New Taiwan dollars.
Persons guilty of compelling others to use Category three narcotics using methods described in Paragraph one shall be punished with a minimum five-year fixed-term imprisonment, and may be fined no more than five million New Taiwan dollars.
Persons guilty of compelling others to use Category four narcotics using methods described in Paragraph one shall be punished with a minimum three-year to a maximum ten-year fixed-term imprisonment, and may be fined no more than three million New Taiwan dollars.
Persons guilty of attempting to commit the offenses as described in the preceding four Paragraphs are subject to a fine.
Article 7
Persons guilty of seducing others to use Category one narcotics shall be punished with a minimum three-year to a maximum ten-year fixed-term imprisonment, and may be fined no more than three million New Taiwan dollars.
Persons guilty of seducing others to use Category two narcotics shall be punished with a minimum one-year to a maximum seven-year fixed-term imprisonment, and may be fined no more than one million New Taiwan dollars.
Persons guilty of seducing others to use Category three narcotics shall be punished with a minimum six-month to a maximum five-year fixed-term imprisonment, and may be fined no more than seven hundred thousand New Taiwan dollars.
Persons guilty of seducing others to use Category four narcotics shall be punished with a maximum three-year fixed-term imprisonment, and may be fined no more than five hundred thousand New Taiwan dollars.
Persons guilty of attempting to commit the offenses as described in the preceding four Paragraphs are subject to a fine.
Article 8
Persons guilty of transferring Category one narcotics to others shall be punished with a minimum one-year to a maximum seven-year fixed term imprisonment, and may be fined no more than one million New Taiwan dollars.
Persons guilty of transferring Category two narcotics to others shall be punished with a minimum six-month to a maximum five-year fixed-term imprisonment, and may be fined no more than seven hundred thousand New Taiwan dollars.
Persons guilty of transferring Category three narcotics to others shall be punished with a maximum three-year fixed-term imprisonment, and may be fined no more than three hundred thousand New Taiwan dollars.
Persons guilty of transferring Category four narcotics to others shall be punished with a maximum one-year fixed-term imprisonment, and may be fined no more than one hundred thousand New Taiwan dollars.
Persons guilty of attempting to commit the offenses as described in the preceding four Paragraphs are subject to a fine.
Persons guilty of transferring narcotics to others that reach a certain quantity shall receive increased punishment for up to one half the prescribed amount. The said quantity shall be determined by the Executive Yuan.
Article 9
Adults committing offenses described in the preceding three Articles or selling narcotics to a minor shall receive increased punishment with respect to the provision of each Article for up to one half the prescribed amount.
The same punishment shall apply to adults convicted of selling narcotics or of committing offenses, as described in the preceding three Articles, to pregnant women while knowing of their pregnancy.
Persons guilty of committing the offenses, as described in the preceding five Articles, where two or more narcotics are involved, shall receive punishment as stipulated by law for the highest category of the said multiple narcotics, in addition to an increased punishment for up to one half the prescribed amount.
Article 10
Persons convicted of using Category one narcotics shall be punished with a minimum six-month to a maximum five-year fixed-term imprisonment.
Persons convicted of using Category two narcotics shall be punished with a maximum three-year fixed-term imprisonment.
Article 11
Persons convicted of possessing Category one narcotics shall be punished with a maximum three-year fixed-term imprisonment, detention, or a fine of no more than three hundred thousand New Taiwan dollars.
Persons convicted of possessing Category two narcotics shall be punished with a maximum two-year fixed-term imprisonment, detention, or a fine of no more than two hundred thousand New Taiwan dollars.
Persons convicted of possessing pure Category one narcotics of more than 10 grams shall be punished with a minimum one-year to a maximum seven-year fixed-term imprisonment, and may be fined no more than one million New Taiwan dollars.
Persons convicted of possessing pure Category two narcotics of more than 20 grams shall be punished with a minimum six-month to a maximum five-year fixed-term imprisonment, and may be fined no more than seven hundred thousand New Taiwan dollars.
Persons convicted of possessing pure Category three narcotics of more than 5 grams shall be punished with a maximum two-year fixed-term imprisonment, and may be fined no more than two hundred thousand New Taiwan dollars.
Persons convicted of possessing pure Category four narcotics of more than 5 grams shall be punished with a maximum one-year fixed-term imprisonment, and may be fined no more than one hundred thousand New Taiwan dollars.
Persons convicted of possessing equipment specifically for manufacturing or using Category one or Category two narcotics shall be punished with a maximum one-year fixed-term imprisonment, detention, or a fine of no more than one hundred thousand New Taiwan dollars.
Article 11-1
Without a justifiable cause, it is forbidden by law to possess Category three or Category four narcotics, or equipment for manufacturing or for use of such narcotics.
Persons convicted of possessing or using Category three or Category four narcotics shall be punished with a fine of more than ten thousand and less than fifty thousand New Taiwan dollars, and shall be ordered to attend a narcotics hazard seminar of more than four hours and less than eight hours within a specific time frame.
Youths convicted of using Category three or Category four narcotics shall be adjudicated pursuant to the Juvenile Delinquency Act. Provisions of the preceding Paragraph do not apply.
The punishment guideline of the second Paragraph, and methods of the narcotics hazard seminar, such as methods, content, date, hours and the executing agency shall be determined by the Ministry of Justice in conjunction with the Ministry of the Interior and the Department of Health of the Executive Yuan.
Article 12
Persons convicted of cultivating poppies or coca with intentions to supply for manufacturing narcotics shall be punished with life imprisonment or a minimum seven-year fixed-term imprisonment, and may be fined no more than seven million New Taiwan dollars.
Persons convicted of cultivating Cannabis with intentions to supply for manufacturing narcotics shall be punished with a minimum five-year fixed-term imprisonment, and may be fined no more than five million New Taiwan dollars.
Persons convicted the crime specified in the preceding paragraph for personal use and with a minor violation shall be punished with a minimum one-year to a maximum seven-year fixed-term imprisonment;and in addition thereto, a fine of not more than one million dollars may be imposed.
Persons guilty of attempting to commit the offenses as described in the preceding three Paragraphs are subject to a fine.
Article 13
Persons convicted of transporting or selling poppy seeds or coca seeds with intentions to supply for cultivation shall be punished with a minimum five-year fixed-term imprisonment, and may be fined no more than five hundred thousand New Taiwan dollars.
Persons convicted of transporting or selling Cannabis seeds with intentions to supply for cultivation shall be punished with a minimum two-year fixed-term imprisonment, and may be fined no more than two hundred thousand New Taiwan dollars.
Article 14
Persons convicted of possessing or transferring poppy seeds or coca seeds with intentions to sell shall be punished with a maximum three-year fixed-term imprisonment.
Persons convicted of possessing or transferring Cannabis seeds with intentions to sell shall be punished with a maximum two-year fixed-term imprisonment.
Persons convicted of possessing poppy seeds or coca seeds shall be punished with a maximum two-year fixed-term imprisonment, detention, or a fine of no more than thirty thousand New Taiwan dollars.
Persons convicted of possessing Cannabis seeds shall be punished with a maximum one-year fixed-term imprisonment, detention, or a fine of no more than ten thousand New Taiwan dollars.
Article 15
Civil servants convicted of committing offenses described in Article 4 Paragraph 2 or Article 6 Paragraph 1 under the pretexts of their authority, opportunities, or means given to the position shall be punished with a death penalty, or life imprisonment. Offenders sentenced with life imprisonment may be fined for no more than thirty million New Taiwan dollars. Persons committing offenses as described in Article 4 Paragraphs 3 to 5, Article 5, Article 6 Paragraphs 2 to 4, Article 7 Paragraphs 1 to 4, Article 8 Paragraphs 1 to 4, and Article 9 to Article 14 shall receive increased punishment with respect to provisions of each Article for up to one half the stated amount.
Civil servants, who are aware of the offenses as stipulated in Article 4 to Article 14, and intentionally cover for the offenders, shall be punished with a minimum one-year to a maximum seven-year fixed-term imprisonment.
Article 16
(Rescinded)
Article 17
Offenders of the crimes as stipulated in Article 4 to Article 8, or Article 10, or Article 11, who confess the source of the narcotics that leads to the arrest of the principal offender or accomplices, shall receive reduced, or be relieved of, punishments.
Offenders of the crimes as stipulated in Article 4 to Article 8, who confess during the investigation and previous trials, shall receive reduced punishment.
If the accused confesses that the crime of transporting the narcotics, as described in Article 4, was committed for personal use, and the offense is minor, the punishment may be reduced.
Article 18
Any Category 1 and 2 narcotics and any equipment for manufacturing or administering Category 1 and 2 narcotics seized shall be confiscated and destroyed regardless of whether or not it belongs to the offender. Any Category 3 and 4 narcotics and any equipment for manufacturing or administering Category 3 and 4 narcotics seized shall be confiscated and destroyed if there is no justifiable reason for possession. However, the said narcotics or equipment in possession for medical, research or training purposes shall not be destroyed.
If the seized narcotics are particularly dangerous, and likely to be damaged or perish, inconvenient to store, or require excessive fees to store, they may be destroyed after samples are processed, and before the final judgments are delivered. The said sampling quantity, methods, procedures, and other related matters shall be determined by the Ministry of Justice.
When samples in test by a drug testing agency are found to contain new drugs or ingredients that require new standards material, small specimens may be obtained from the Ministry of Health and Welfare, or other testing agencies (organizations) established by other government agencies in accordance with law, to make the required standards material for its own use, or for use by other testing agencies.
Pertaining to the proviso in the first paragraph, the regulations governing narcotics or equipment used for medical, research, or training purposes from the preceding Paragraph, the regulations governing the requirements, procedures and management, concerning obtaining specimens by testing agencies (organizations) and other relevant matters, shall be formulated by the Ministry of Justice, in conjunction with the Ministry of Health and Welfare.
Article 19
Items used by offenders committing offenses prescribed in Articles 4-9, Article 12, Article 13, and Paragraphs 1 and 2 of Article 14 shall be confiscated regardless of whether or not they belong to the offenders.
Water, land and air transportation vehicles used in offenses prescribed in Article 4 shall be confiscated.
When offenses, as stipulated in Article 4 to Article 9, Article 12, Article 13, or Article 14 Paragraphs 1 and 2, are committed, and when there are sufficient facts supporting that the property or property interests, other than those described in the preceding two paragraphs, used for or gained by the offender, were obtained from other illegal acts, such property or property interests, shall be confiscated.
Article 20
The prosecutor should petition a court to adjudicate or the juvenile court (juvenile court of a district court) should first adjudicate for persons convicted of the offenses described in Article 10 and then the accused or the juvenile offender be ordered to go into a rehabilitation center for observation or rehabilitation for a period of no longer than two months.
After the observation and rehabilitation, the prosecutor or the Juvenile Court (juvenile court of a district court) should release the offender immediately and should enter the judgment of non-prosecution or not to try the case, if the report from the rehabilitation center confirms that the person undergoing observation and rehabilitation exhibits no sign of continuing using narcotics. If the person undergoing observation and rehabilitation exhibits the tendencies of continuing to use narcotics, the prosecutor should petition the court to order, or the juvenile court (juvenile court of a district court) should issue the order, for the offender to receive a compulsory rehabilitation program at a rehabilitation center for more than six months until there is no need for a compulsory rehabilitation. However, the longest duration shall not exceed one year.
The first two Paragraphs are applicable to offenders committing the offenses described in Article 10 without 3 years of being released from completion of an observation, rehabilitation or a compulsory rehabilitation.
Persons ordered to undergo an observation, rehabilitation or a compulsory rehabilitation program shall be assisted with employment placement by a public employment agency after completing the program.
Article 20-1
When a judgment of ordering for an observation, rehabilitation or a compulsory rehabilitation is finalized, the person ordered to undergo an observation, rehabilitation or a compulsory rehabilitation program, who objects to such an order, his/her legal representative, his/her spouse, or the prosecutor with a written statement describing the reasons, may petition the court previously adjudicating the case, for a new trial under any of the following circumstances:
1.The application of the law was erroneous, so much so that it affects the outcome of the ruling.
2.The evidence used in adjudicating the case originally has been proven falsified or altered.
3.The testimony, authentication or interpretation used in adjudicating the case originally has been proven false.
4.The judge originally adjudicating the case, or the prosecutor participating in the case originally, was proven guilty in committing an offense while performing duty involving this case.
5.Newly discovered evidence supporting the fact that the person ordered to undergo an observation, rehabilitation, or compulsory rehabilitation program should not receive such a treatment.
6.It has been proven that the person ordered to undergo an observation, rehabilitation, or a compulsory rehabilitation program is wrongly accused.
Petition for a new trial should be filed within 30 days after the judgment is final. However, if the causes for petition only become known afterwards, then count from the date of knowledge.
Petition for a new trial has no impact over the execution of an observation, rehabilitation, or a compulsory rehabilitation program. However, if the court that entered the original judgment deems that there is a need to stop the execution, the court may stop the execution ex officio or pursuant to the petitioner's request.
If a court deems that the petition has no grounds for a new trial, or that the procedure is unlawful, a judgment of denial should be entered. If a court deems the case has sufficient grounds for a new trial, it should enter a judgment as such. If a petition is deemed groundless and is denied by a court, it should not be re-petitioned for a new trial on the same grounds.
The petition for a new trial may be withdrawn before the judgment is delivered. The withdrawn petition shall not be re-petitioned on the same grounds for a new trial.
Article 21
Persons committing the offenses as stipulated in Article 10 may voluntarily request treatment from a medical institution designated by the Ministry of Health and Welfare prior to the conduct being discovered. The medical institution shall not report the offender seeking medical treatment to the court or an investigation agency.
If the accused or a juvenile offender, undergoing treatment as described in the provisions of the preceding Article is discovered by the authorities, the prosecutor should issue a non-prosecution order, or the juvenile court (juvenile court of a district court) should enter a not-to-be-tried judgment. However, such action is applicable only once.
Article 22
(Rescinded)
Article 23
Once a compulsory rehabilitation program pursuant to Article 20 Paragraph 2 is completed, the offender should be released immediately. The prosecutor should issue a non-prosecution order or the juvenile court (juvenile court of a district court) should enter a not-to-be-tried judgment.
If an offender commits the offenses as stipulated in Article 10 within 3 years after being released from completing an observation, rehabilitation, or a compulsory rehabilitation program, the prosecutor or the juvenile court (juvenile court of a district court) should prosecute pursuant to the law or set the case for a trial.
Article 23-1
If the accused is arrested with or without a warrant, the prosecutor should petition the court within 24 hours of the arrest for an observation and rehabilitation judgment pursuant to the provisions as stipulated in Article 20, Paragraph 1, and transfer the accused to the court of jurisdiction for questioning. The same applies if the accused is summoned, surrenders, or voluntarily presents himself/herself, and then is arrested by the prosecutor.
Provisions of Article 93-1 of the Code of Criminal Procedures shall apply mutatis mutandis to the circumstances specified in the preceding Paragraph.
Article 23-2
If a juvenile offender is sentenced to undergo an observation, rehabilitation, or a compulsory rehabilitation program, then the provisions of Article 45, Paragraph 2 of the Juvenile Delinquency Act shall not apply.
If a juvenile court (juvenile court of a district court) rules the case not-to-be-tried pursuant to the provisions of Article 20, Paragraph 2; Article 23, Paragraph 1, or not-to-apply-protective-measures pursuant to the provision of Article 35, Paragraph 1, Subparagraph 4, then the following measures may also apply:
1.Refer the youth to a juvenile welfare or cultivation institution for appropriate counseling.
2.Deliver the youth to his/her legal representative or current guardian for strict discipline.
3.Admonish
The disposition of preceding measures shall be executed by juvenile investigators.
Article 24
The procedures of Article 20, Paragraph 1 and Article 23, Paragraph 2 of this Act are not applicable, when the prosecutor orders a deferred prosecution with conditions pursuant to the provisions of Article 253-1, Paragraph 1 and Article 253-2, Paragraph 1, items 4 through 6 or item 8 of The Code of Criminal Procedures, or when the juvenile court (juvenile court of a district court) deems it appropriate to apply the procedures of the Juvenile Delinquency Act.
If the deferred prosecution as stated in the preceding Paragraph is revoked, the prosecutor shall continue with the investigation or prosecution.
Before implementing the disposition of a deferred prosecution, pursuant to the provisions of Article 253-2 Paragraph 1 Subparagraph 6 of the Code of Criminal Procedure, the prosecutor should seek the advice of medical institutions; if necessary, the prosecutor may also consult the opinions of other relevant agencies (organizations).
The addiction treatment methods, implementation subjects, contents, methods, the medical institutions or other institutions implementing the treatment, other measures of compliance, and the acceptance standards of a complete addiction treatment, applicable to the provisions of Article 253-2 Paragraph 1 Subparagraph 6 of the Code of Criminal Procedure, shall be determined by the Executive Yuan.
Article 24-1
The order to undergo an observation, rehabilitation, or a compulsory rehabilitation treatment will not be executed when the statute of limitations for the offender of drug use is expired.
Article 25
Persons convicted of offenses described in Article 10 that are sent to protective probation, or youths using Category one or Category two narcotics that are sentenced to protective probation shall be notified, during the probation period, to have a urine test at a specified location and time by the police or the authority implementing probation on a regular basis or when there is evidence of suspicious drug use. Those who fail to appear without a justifiable reason shall be forced to give the test sample with the permission of the prosecutor or a juvenile court (juvenile court of a district court). Those who appear but refuse to be tested shall be compelled to have the test sample taken against his/her will. After the test sample is taken, a report must be submitted to the prosecutor or the juvenile court (juvenile court of a district court) immediately for permission ex post facto.
If a case is adjudicated as not-to-prosecute or not-to-be-heard pursuant to the provisions of Article 20, first half of Paragraph 2; Article 21, Paragraph 2; Article 23, Paragraph 1, or as no-punishment or not-to-apply-protective-measures pursuant to the provisions of Article 35, Paragraph 1, Subparagraph 4, or if it is within two years after the completion of executing the sentence or protective measures pertaining to committing offenses as described in Article 10, the police authority may apply the provision as prescribed in the preceding Paragraph to take urine samples for testing.
The Executive Yuan shall enact the implementation regulations of the preceding two Paragraphs, concerning the taking of urine samples.
When the police authority or the agency implementing protective probation notify the juvenile offender to appear and give a urine sample pursuant to the provision described in the first Paragraph, the legal representative of the youth offender should be notified at the same time.
Article 26
The period of limitation of sentence execution for persons convicted of the offenses as described in Article 10, during the time they are undergoing an observation, rehabilitation, or a compulsory rehabilitation program, shall be suspended.
Article 27
A rehabilitation center can be a facility annexed to a drug abuse treatment center, a detention center, a juvenile detention center, or a hospital affiliated with the Ministry of Justice, or the Ministry of National Defense, or those commissioned hospitals as designated by the Veterans Affairs Council, the Ministry of Health and Welfare, municipality or county (city) government to set up an annex.
For persons who are ordered to undergo an observation, or rehabilitation program, and are involved in other cases, and who should be in detention, custody, or constraint, their observation, or rehabilitation program should be enforced in the rehabilitation center located in a detention center or a juvenile detention center.
The medical business of a rehabilitation center annexed to a drug abuse treatment center, detention center, or juvenile detention center shall be operated by the health institutions designated by the Ministry of National Defense, the Veterans Affairs Council, the Ministry of Health and Welfare, or the municipality or county (city) government.
The Ministry of Justice and the Ministry of National Defense shall be responsible for the addiction prevention service of the rehabilitation center annexed to a commissioned hospital as mentioned in Paragraph 1. Its expenses related to addiction prevention and its medical treatment shall be budgeted and paid for by the Ministry of Justice and the Ministry of National Defense.
The regulations for conducting the commission mentioned in Paragraph 1 shall be enacted by the Ministry of Justice in conjunction with the Ministry of National Defense, the Veterans Affairs Council, and the Ministry of Health and Welfare.
Article 28
The premises of a rehabilitation center shall be set up by the Ministry of Justice and the Ministry of National Defense. Before the premises are completed, the facility may be temporarily set up in a prison or a juvenile correction center. Its medical services shall be handled by the medical institutions designated by the Ministry of National Defense, the Ministry of Health and Welfare, the Veterans Affairs Council, or the municipality or county (city) government; while the required staff and expenses shall be paid for through the planned budget of the Ministry of Justice and the Ministry of National Defense.The organization of a rehabilitation center shall be regulated by a separate statute.
Article 29
The enforcement of an observation, rehabilitation, and a compulsory rehabilitation program shall be regulated by a separate statute.
Article 30
Fees incurred from the observation, rehabilitation and compulsory rehabilitation program shall be collected from the person receiving observation, rehabilitation, or compulsory rehabilitation program services, or the legal guardian of the youth receiving such punishment with the invoice issued by the rehabilitation center or the drug abuse treatment center, and the reimbursement shall be sent to the national treasury. However, persons who surrender voluntarily or who are in poverty are exempt from the payment.
The fees prescribed in the preceding Paragraph are due within a limited period. The identity of those that fail to make payment by the due date will be forwarded to the authorities by the rehabilitation center or the drug abuse treatment center for compulsory enforcement pursuant to the law.
Article 30-1
Persons ordered to undergo an observation, rehabilitation, or a compulsory rehabilitation program can request that the payment for the observation, rehabilitation, or the compulsory rehabilitation program be returned, if the original judgment of undergoing an observation, rehabilitation, or a compulsory rehabilitation program is confirmed of revocation. Persons who have yet to make such a payment will not have to pay.
Persons ordered to undergo an observation, rehabilitation, or a compulsory rehabilitation program can request compensation for the enforcement of the observation, rehabilitation, or the compulsory rehabilitation program pursuant to the Wrongful Imprisonment Compensation Act, if the original judgment of undergoing an observation, rehabilitation, or a compulsory rehabilitation program is confirmed of revocation.
Article 31
To prevent precursor chemicals of industrial materials from streaming in to the manufacturing of narcotics, the Ministry of Economic Affairs may order manufacturers to declare the Category, and the import/export, production, sales, usage, and storage process and the quantities of such industrial materials. The Ministry of Economic Affairs may also inspect the manufacturer's records and premises. The manufacturer shall not evade, obstruct, or refuse the inspection.
Regulations governing the categorization, declaration and inspection of the industrial materials as prescribed in the preceding Paragraph shall be determined by the Ministry of Economic Affairs.
Offenders who evade declaration as described in the provision of Paragraph 1 shall be fined for more than thirty thousand and less than three hundred thousand New Taiwan dollars, and shall be notified of the deadline to declare. Those who fail to declare by the deadline shall be fined continuously on a daily basis.
Offenders who evade, obstruct or refuse to be inspected as described in Paragraph 1 shall be fined for more than thirty thousand and less than three hundred thousand New Taiwan dollars. Offenders shall be fined for each violation, and shall be subject to compulsory enforcement of inspection.
The fines as defined in the preceding two Paragraphs are due within a prescribed time period. Those who fail to pay by the due date, shall be referred to the authorities for compulsory enforcement pursuant to the law.
Article 31-1
To prevent narcotics hazards, the following prevention measures shall be executed at specific places of business:
1. Posting narcotics prevention information at visible area of entrances, and the content of the information shall clearly specify that persons in possession of narcotics shall be prohibited from entering.
2. Assigning a certain percentage of personnel to participate in the narcotics hazard prevention trainings.
3. Establishing the list of the responsible person and personnel.
4. Reporting to the police in case of discovery of suspected persons using or in possession of narcotics.
Where a specific place of business fails to execute one of the preventive measures specified in the preceding subparagraphs of the preceding paragraph, the municipality and county (city) government shall order the responsible person to improve within a time limit; for failure to improve beyond the time limit, the responsible person shall be fined for more than fifty thousand but less than five hundred thousand New Taiwan Dollars, and may be fined on a per violation basis; where the place is operated under a legal entity or partnership, joint penalty shall be imposed.
Where personnel of a specific place of business is aware of persons using or in possession of narcotics but failing to report to the police, the municipality, county (city) government shall impose a fine above one hundred thousand but less than one million New Taiwan Dollars on the responsible person of the place; where the place is operated under a legal entity or partnership, joint penalty shall be imposed. In the event where the violation is considered serious, the government authority in charge of the relevant enterprise may order the place to suspend its business for a period above six months but less than one year and six months or may order the place to close down.
The municipality and county (city) government shall periodically publish the list of the specific places of business discovered to have serious violations as described in the preceding paragraph for the most recent year.
The regulations governing the type of the specific places of business, the content of the narcotics prevention information and posting method, the format of the list of responsible person and personnel, the execution agency and execution procedure described in paragraph 1 shall be established by the Ministry of Justice in consultation with relevant agencies.
Article 32
Personnel who accomplished service achievements in narcotics hazard prevention, and informants, should be rewarded; while personnel who failed to contribute in such efforts should be punished. The reward and punishment guidelines shall be determined by the Executive Yuan.
Article 32-1
For the purpose of investigating international drug crimes, the prosecutor, or the judicial police officer as defined in Article 229 of the Code of Criminal Procedure, may request the chief prosecutor or the chief officer of the highest-level commanding agency to submit an investigation plan and the relevant documentation to the Supreme Prosecutors Office. Upon approval by the Prosecutor General of the Supreme Prosecutors Office, an investigation command writ will be issued to enable agencies relevant to the control of border entry/exit to process the entry/exit of narcotics and personnel.
The regulations governing the coordination and control operations of narcotics, personnel, and the entry/exit of its relevant personnel and cargo as described in the preceding Paragraph shall be determined by the Executive Yuan.
Article 32-2
The investigation plan as described in the preceding Article should include following information:
1.Background information of the crime suspect or the accused.
2.The crime charged.
3.The facts and circumstances of the crime.
4.The necessity of using controlled delivery to investigate the crime.
5.The quantity, place of origin and destination of the narcotics.
6.Flight information, time and method of entry of narcotics and the suspect.
7.The surveillance measures used in preventing narcotics from dispersal and the suspect from fleeing after their entry into the nation.
8.Time frame, methodology, and other measures required for the investigation.
9.The status of international cooperation.
Article 33
To control and prevent the spread of narcotics, agencies of authority may, when necessary, request specific personnel, whom they supervise or monitor, to accept having a urine test. The request shall not be refused. Persons refusing to the test will be physically restrained for the sake of enforcement.
Regulations governing the scope of the specific personnel affected and the measures required to take a urine test as described in the preceding Paragraph shall be determined by the Executive Yuan.
Article 33-1
Urine tests should be performed by the following agencies (organizations):
1. Testing and medical institutions accredited by the Ministry of Health and Welfare.
2. Health agencies designated by the Ministry of Health and Welfare.
3. Testing agencies established pursuant to the law by the Investigation Bureau of the Ministry of Justice, Criminal Investigation Bureau of the National Police Agency of the Ministry of the Interior, Military Police Command of the Ministry of National Defense, or other government agencies.
The disposition of the remaining urine specimens, as described in the preceding paragraph, by the testing agencies shall be handled in accordance with relevant regulations, or the agreement made with the commissioning agency. However, those samples which are suitable for metabolomics research on testing methods and reagent development may be used by medical or research institutions after being processed through the de-identification method, and after a disposition of non-prosecution, deferred prosecution, or judgment is finalized.
Issues concerning management measures, such as accreditation standards, accreditation, revocation and abolishment of the accreditation of testing and medical institutions as described in Paragraph 1 Subparagraph 1, and issues concerning testing setup standards of the testing agencies (organizations) described in Subparagraphs 2 and 3, shall be determined by the Ministry of Health and Welfare.
The urine testing method, determination criteria, operating procedures, and specimen storage, as mentioned in Paragraph 1, by various agencies (organizations), and the criteria for handling, receiving, and other related matters concerning the remaining specimens, as mentioned in Paragraph 2, shall be determined by the Ministry of Health and Welfare.
Article 34
The enforcement rules of this Act shall be formulated by the Ministry of Justice in conjunction with the Ministry of the Interior, and the Ministry of Health and Welfare, and submitted to the Executive Yuan for approval.
Article 35
Pending drug abuse cases perpetrated prior to the enactment of the amendment of this Act on June 6, 2003, shall have the provisions of the amendment applied after its enactment, and shall be handled in accordance with the following measures:
1.Cases in the process of undergoing an observation, rehabilitation, or compulsory rehabilitation program shall have the amended provisions concerning observation, rehabilitation and compulsory rehabilitation applied.
2.Cases under investigation shall be handled by the prosecutor pursuant to the amended provisions.
3.Cases already in trial, shall be handled by the court or the juvenile court (juvenile court of a district court) pursuant to the amended provisions.
4.Cases already in trial that should be adjudicated as non-prosecution, or not-to-be-tried pursuant to the amended provisions, shall be adjudicated by the court or the juvenile court (juvenile court of a district court) as exempt from punishment or not-to-apply-protective measures.
In situations described in the preceding Paragraph, where provisions prior to the amendment were conducive to the violator, the most conducive regulations to the violator shall apply.
Article 35-1
Pending drug abuse cases perpetrated prior to the enactment of the amendment of this Act on December 17,2019, shall have the provisions of the amendment applied after its enactment, and shall be handled in accordance with the following measures:
1. Cases under investigation shall be handled by the prosecutor pursuant to the amended provisions.
2. Cases already in trial, shall be handled by the court or the juvenile court (juvenile court of a district court) pursuant to the amended provisions; cases already in trial that should be adjudicated as non-prosecution, or not-to-be-tried pursuant to the amended provisions, shall be adjudicated by the court or the juvenile court (juvenile court of a district court) as exempt from punishment or not-to-be-tried pursuant.
3.Regulations promulgated prior to amendments are applicable to cases with final and binding judgment that are yet to be enforced, or being enforced.
Article 36
This act come into force six months after its promulgation except Article 2-1, Article 27, and Article 28 amended on November 5, 2010 and Articles amended on January 23, 2015, May 26,2017 , April 19,2022 come into force from the date of promulgation；Articles amended on May 27, 2016 come into force on July 1, 2016; Article 18, Article 24 and Article 33-1, amended on December 17,2019, which shall be determined by the Executive Yuan.