Punishment for Drug Traffickers in Japan Japan has enacted five separate laws regarding drug control: The Narcotic Control Law, the Taima ( Marijuana) Control Law, the Opium Control Law, the Penal Code, and the Awakening Drug Law, which covers stimulants and depressants. Each law prescribes appropriate control measures and criminal penalties within its respective area. 1. The Narcotics Control Law (1) is the fundamental law designed to regulate the import, export, manufacture, dispensation, transfer, receipt, administration, use, possession, and disposal of narcotics and other habit-forming drugs, except as otherwise specified by the Ministry of Health and Welfare. The drugs include acetylmenthadol, the aminobutene-group compounds, and other synthetic drugs as well as such habit-forming drugs as codeine, morphine, and heroin. The punishment outlined in the law range from fines to penal servitude for life as follows: (1) Penal servitude from one year to life Any person who imports, exports, or manufactures controlled drugs is subject to penal servitude for not less than one year. Those committing these offenses with the intent of making a profit may be sentenced to penal servitude for life, or at minimum, three years. Attempts to commit these crimes are also punished. (2) Penal servitude for not more than 10 years Any person who dispenses, transfers, receives, administers, uses, possess, or disposes of controlled drugs is punished with penal servitude for not more than ten years. If the person did so with the intent to make a profit, the (1) Law no. 14. Mar. 17, 1953, as last amended by Law no. 98, Sept. 28, 1987.Punishment for Drug Traffickers in Japan Japan has enacted five separate laws regarding drug control: The Narcotic Control Law, the Taima ( Marijuana) Control Law, the Opium Control Law, the Penal Code, and the Awakening Drug Law, which covers stimulants and depressants. Each law prescribes appropriate control measures and criminal penalties within its respective area. 1. The Narcotics Control Law (1) is the fundamental law designed to regulate the import, export, manufacture, dispensation, transfer, receipt, administration, use, possession, and disposal of narcotics and other habit-forming drugs, except as otherwise specified by the Ministry of Health and Welfare. The drugs include acetylmenthadol, the aminobutene-group compounds, and other synthetic drugs as well as such habit-forming drugs as codeine, morphine, and heroin. The punishment outlined in the law range from fines to penal servitude for life as follows: (1) Penal servitude from one year to life Any person who imports, exports, or manufactures controlled drugs is subject to penal servitude for not less than one year. Those committing these offenses with the intent of making a profit may be sentenced to penal servitude for life, or at minimum, three years. Attempts to commit these crimes are also punished. (2) Penal servitude for not more than 10 years Any person who dispenses, transfers, receives, administers, uses, possess, or disposes of controlled drugs is punished with penal servitude for not more than ten years. If the person did so with the intent to make a profit, the (1) Law no. 14. Mar. 17, 1953, as last amended by Law no. 98, Sept. 28, 1987.Punishment for Drug Traffickers in Japan Japan has enacted five separate laws regarding drug control: The Narcotic Control Law, the Taima ( Marijuana) Control Law, the Opium Control Law, the Penal Code, and the Awakening Drug Law, which covers stimulants and depressants. Each law prescribes appropriate control measures and criminal penalties within its respective area. 1. The Narcotics Control Law (1) is the fundamental law designed to regulate the import, export, manufacture, dispensation, transfer, receipt, administration, use, possession, and disposal of narcotics and other habit-forming drugs, except as otherwise specified by the Ministry of Health and Welfare. The drugs include acetylmenthadol, the aminobutene-group compounds, and other synthetic drugs as well as such habit-forming drugs as codeine, morphine, and heroin. The punishment outlined in the law range from fines to penal servitude for life as follows: (1) Penal servitude from one year to life Any person who imports, exports, or manufactures controlled drugs is subject to penal servitude for not less than one year. Those committing these offenses with the intent of making a profit may be sentenced to penal servitude for life, or at minimum, three years. Attempts to commit these crimes are also punished. (2) Penal servitude for not more than 10 years Any person who dispenses, transfers, receives, administers, uses, possess, or disposes of controlled drugs is punished with penal servitude for not more than ten years. If the person did so with the intent to make a profit, the (1) Law no. 14. Mar. 17, 1953, as last amended by Law no. 98, Sept. 28, 1987.Punishment for Drug Traffickers in Japan Japan has enacted five separate laws regarding drug control: The Narcotic Control Law, the Taima ( Marijuana) Control Law, the Opium Control Law, the Penal Code, and the Awakening Drug Law, which covers stimulants and depressants. Each law prescribes appropriate control measures and criminal penalties within its respective area. 1. The Narcotics Control Law (1) is the fundamental law designed to regulate the import, export, manufacture, dispensation, transfer, receipt, administration, use, possession, and disposal of narcotics and other habit-forming drugs, except as otherwise specified by the Ministry of Health and Welfare. The drugs include acetylmenthadol, the aminobutene-group compounds, and other synthetic drugs as well as such habit-forming drugs as codeine, morphine, and heroin. The punishment outlined in the law range from fines to penal servitude for life as follows: (1) Penal servitude from one year to life Any person who imports, exports, or manufactures controlled drugs is subject to penal servitude for not less than one year. Those committing these offenses with the intent of making a profit may be sentenced to penal servitude for life, or at minimum, three years. Attempts to commit these crimes are also punished. (2) Penal servitude for not more than 10 years Any person who dispenses, transfers, receives, administers, uses, possess, or disposes of controlled drugs is punished with penal servitude for not more than ten years. If the person did so with the intent to make a profit, the (1) Law no. 14. Mar. 17, 1953, as last amended by Law no. 98, Sept. 28, 1987.Punishment for Drug Traffickers in Japan Japan has enacted five separate laws regarding drug control: The Narcotic Control Law, the Taima ( Marijuana) Control Law, the Opium Control Law, the Penal Code, and the Awakening Drug Law, which covers stimulants and depressants. Each law prescribes appropriate control measures and criminal penalties within its respective area. 1. The Narcotics Control Law (1) is the fundamental law designed to regulate the import, export, manufacture, dispensation, transfer, receipt, administration, use, possession, and disposal of narcotics and other habit-forming drugs, except as otherwise specified by the Ministry of Health and Welfare. The drugs include acetylmenthadol, the aminobutene-group compounds, and other synthetic drugs as well as such habit-forming drugs as codeine, morphine, and heroin. The punishment outlined in the law range from fines to penal servitude for life as follows: (1) Penal servitude from one year to life Any person who imports, exports, or manufactures controlled drugs is subject to penal servitude for not less than one year. Those committing these offenses with the intent of making a profit may be sentenced to penal servitude for life, or at minimum, three years. Attempts to commit these crimes are also punished. (2) Penal servitude for not more than 10 years Any person who dispenses, transfers, receives, administers, uses, possess, or disposes of controlled drugs is punished with penal servitude for not more than ten years. If the person did so with the intent to make a profit, the (1) Law no. 14. Mar. 17, 1953, as last amended by Law no. 98, Sept. 28, 1987. 2 sentence must be for at least one year. Attempts to commit these crimes are also punished. (3) Penal servitude form not less than 1 year and not more than 10 years Any person who cultivates a plant which produces a narcotic without authorization for research purposes is subject to penal servitude for not less than one year or not more than 10 years. The same penalty is applied to those who import or export powdered opium and to any dealer who imports, exports, or manufactures opium without a license. Any person who commits these offenses for a profit is subject to more severe penalty. Attempts to commit these crimes are also punished. (4) Penal servitude for not more than 7 years Any dealer who dispenses, receives, uses, or possesses controlled drugs without a license is subject to penal servitude not to exceed 7 years. Any person who commits these offenses for a profit is subject to a more severe penalty. (5) Penal servitude for not more than 5 years Any dealer who makes preparations to commit the offenses mentioned in sections (1) and (3) above shall be punished with penal servitude for not more than 5 years. (6) Penal servitude for not more than 3 years or a fine Any narcotic dealer who imports, exports, manufactors, or dispenses without a permit for each transaction is subject to penal servitude not to exceed three years or a fine of up to 200,000 yen. (7) Penal servitude for not more than one year or a fine Others offenses are punished with penal servitude of 6 months to a 1 year or a fine of from 30, 000 to 200,00 yen. 2 sentence must be for at least one year. Attempts to commit these crimes are also punished. (3) Penal servitude form not less than 1 year and not more than 10 years Any person who cultivates a plant which produces a narcotic without authorization for research purposes is subject to penal servitude for not less than one year or not more than 10 years. The same penalty is applied to those who import or export powdered opium and to any dealer who imports, exports, or manufactures opium without a license. Any person who commits these offenses for a profit is subject to more severe penalty. Attempts to commit these crimes are also punished. (4) Penal servitude for not more than 7 years Any dealer who dispenses, receives, uses, or possesses controlled drugs without a license is subject to penal servitude not to exceed 7 years. Any person who commits these offenses for a profit is subject to a more severe penalty. (5) Penal servitude for not more than 5 years Any dealer who makes preparations to commit the offenses mentioned in sections (1) and (3) above shall be punished with penal servitude for not more than 5 years. (6) Penal servitude for not more than 3 years or a fine Any narcotic dealer who imports, exports, manufactors, or dispenses without a permit for each transaction is subject to penal servitude not to exceed three years or a fine of up to 200,000 yen. (7) Penal servitude for not more than one year or a fine Others offenses are punished with penal servitude of 6 months to a 1 year or a fine of from 30, 000 to 200,00 yen. 2 sentence must be for at least one year. Attempts to commit these crimes are also punished. (3) Penal servitude form not less than 1 year and not more than 10 years Any person who cultivates a plant which produces a narcotic without authorization for research purposes is subject to penal servitude for not less than one year or not more than 10 years. The same penalty is applied to those who import or export powdered opium and to any dealer who imports, exports, or manufactures opium without a license. Any person who commits these offenses for a profit is subject to more severe penalty. Attempts to commit these crimes are also punished. (4) Penal servitude for not more than 7 years Any dealer who dispenses, receives, uses, or possesses controlled drugs without a license is subject to penal servitude not to exceed 7 years. Any person who commits these offenses for a profit is subject to a more severe penalty. (5) Penal servitude for not more than 5 years Any dealer who makes preparations to commit the offenses mentioned in sections (1) and (3) above shall be punished with penal servitude for not more than 5 years. (6) Penal servitude for not more than 3 years or a fine Any narcotic dealer who imports, exports, manufactors, or dispenses without a permit for each transaction is subject to penal servitude not to exceed three years or a fine of up to 200,000 yen. (7) Penal servitude for not more than one year or a fine Others offenses are punished with penal servitude of 6 months to a 1 year or a fine of from 30, 000 to 200,00 yen. 2 sentence must be for at least one year. Attempts to commit these crimes are also punished. (3) Penal servitude form not less than 1 year and not more than 10 years Any person who cultivates a plant which produces a narcotic without authorization for research purposes is subject to penal servitude for not less than one year or not more than 10 years. The same penalty is applied to those who import or export powdered opium and to any dealer who imports, exports, or manufactures opium without a license. Any person who commits these offenses for a profit is subject to more severe penalty. Attempts to commit these crimes are also punished. (4) Penal servitude for not more than 7 years Any dealer who dispenses, receives, uses, or possesses controlled drugs without a license is subject to penal servitude not to exceed 7 years. Any person who commits these offenses for a profit is subject to a more severe penalty. (5) Penal servitude for not more than 5 years Any dealer who makes preparations to commit the offenses mentioned in sections (1) and (3) above shall be punished with penal servitude for not more than 5 years. (6) Penal servitude for not more than 3 years or a fine Any narcotic dealer who imports, exports, manufactors, or dispenses without a permit for each transaction is subject to penal servitude not to exceed three years or a fine of up to 200,000 yen. (7) Penal servitude for not more than one year or a fine Others offenses are punished with penal servitude of 6 months to a 1 year or a fine of from 30, 000 to 200,00 yen. 2 sentence must be for at least one year. Attempts to commit these crimes are also punished. (3) Penal servitude form not less than 1 year and not more than 10 years Any person who cultivates a plant which produces a narcotic without authorization for research purposes is subject to penal servitude for not less than one year or not more than 10 years. The same penalty is applied to those who import or export powdered opium and to any dealer who imports, exports, or manufactures opium without a license. Any person who commits these offenses for a profit is subject to more severe penalty. Attempts to commit these crimes are also punished. (4) Penal servitude for not more than 7 years Any dealer who dispenses, receives, uses, or possesses controlled drugs without a license is subject to penal servitude not to exceed 7 years. Any person who commits these offenses for a profit is subject to a more severe penalty. (5) Penal servitude for not more than 5 years Any dealer who makes preparations to commit the offenses mentioned in sections (1) and (3) above shall be punished with penal servitude for not more than 5 years. (6) Penal servitude for not more than 3 years or a fine Any narcotic dealer who imports, exports, manufactors, or dispenses without a permit for each transaction is subject to penal servitude not to exceed three years or a fine of up to 200,000 yen. (7) Penal servitude for not more than one year or a fine Others offenses are punished with penal servitude of 6 months to a 1 year or a fine of from 30, 000 to 200,00 yen.3 2. The Taima (Marijuana) Control Law^2 is intended to control the import, export, cultivation, sale, possession, and use of marijuana hemp. Any person who illegally cultivates, imports, or exports taima is subject to penal servitude for up to 7 years. Illegal possession, receipt, use, or transfer is punished with penal servitude for up to 5 years. An illegal transfer or loan of a license to another person or failure to make a required report or the making of a false report carries a penalty of penal servitude for up to one year or a fine of up to 30,000 yen. 3. The Opium Law^3 controls the import, export, and sale of opium, as well as the cultivation of poppies or the transfer, receipt, or possession of opium or poppies. Any person who cultivates, harvests, imports, or exports poppies without a license is subject to penal servitude for not less than one year nor more than 10 years. Opium transfer to or receipt from any person other than the state is prohibited. Only those who cultivate poppies, produce narcotics, or promote narcotic research facilities shall possess, transfer, or receive poppies. Any one violating these provisions is subject to penal servitude for up to 7 years. 4. The Penal Code^4 prohibits the import, export, manufacture, or sale of smokable opium or implements used for smoking opium. Any one who possesses these items for the purpose of sale is subject to penal servitude for a term ranging from 3 months to 7 years. Anyone who for profit provides a place for opium smoking is punished with penal servitude for a term of from 6 months to 7 years. ---------- ^2 Law no. 124. July 10, 1953, as last amended by Law no. 47, May 25, 1984. ^3 Law no. 71. Apr. 22, 1954, as last amended by Law no. 23, May 1, 1984. ^4 Law no. 45. Apr. 24, 1907, as last amended by Law no. 52, June 2, 1987.3 2. The Taima (Marijuana) Control Law^2 is intended to control the import, export, cultivation, sale, possession, and use of marijuana hemp. Any person who illegally cultivates, imports, or exports taima is subject to penal servitude for up to 7 years. Illegal possession, receipt, use, or transfer is punished with penal servitude for up to 5 years. An illegal transfer or loan of a license to another person or failure to make a required report or the making of a false report carries a penalty of penal servitude for up to one year or a fine of up to 30,000 yen. 3. The Opium Law^3 controls the import, export, and sale of opium, as well as the cultivation of poppies or the transfer, receipt, or possession of opium or poppies. Any person who cultivates, harvests, imports, or exports poppies without a license is subject to penal servitude for not less than one year nor more than 10 years. Opium transfer to or receipt from any person other than the state is prohibited. Only those who cultivate poppies, produce narcotics, or promote narcotic research facilities shall possess, transfer, or receive poppies. Any one violating these provisions is subject to penal servitude for up to 7 years. 4. The Penal Code^4 prohibits the import, export, manufacture, or sale of smokable opium or implements used for smoking opium. Any one who possesses these items for the purpose of sale is subject to penal servitude for a term ranging from 3 months to 7 years. Anyone who for profit provides a place for opium smoking is punished with penal servitude for a term of from 6 months to 7 years. ---------- ^2 Law no. 124. July 10, 1953, as last amended by Law no. 47, May 25, 1984. ^3 Law no. 71. Apr. 22, 1954, as last amended by Law no. 23, May 1, 1984. ^4 Law no. 45. Apr. 24, 1907, as last amended by Law no. 52, June 2, 1987.3 2. The Taima (Marijuana) Control Law^2 is intended to control the import, export, cultivation, sale, possession, and use of marijuana hemp. Any person who illegally cultivates, imports, or exports taima is subject to penal servitude for up to 7 years. Illegal possession, receipt, use, or transfer is punished with penal servitude for up to 5 years. An illegal transfer or loan of a license to another person or failure to make a required report or the making of a false report carries a penalty of penal servitude for up to one year or a fine of up to 30,000 yen. 3. The Opium Law^3 controls the import, export, and sale of opium, as well as the cultivation of poppies or the transfer, receipt, or possession of opium or poppies. Any person who cultivates, harvests, imports, or exports poppies without a license is subject to penal servitude for not less than one year nor more than 10 years. Opium transfer to or receipt from any person other than the state is prohibited. Only those who cultivate poppies, produce narcotics, or promote narcotic research facilities shall possess, transfer, or receive poppies. Any one violating these provisions is subject to penal servitude for up to 7 years. 4. The Penal Code^4 prohibits the import, export, manufacture, or sale of smokable opium or implements used for smoking opium. Any one who possesses these items for the purpose of sale is subject to penal servitude for a term ranging from 3 months to 7 years. Anyone who for profit provides a place for opium smoking is punished with penal servitude for a term of from 6 months to 7 years. ---------- ^2 Law no. 124. July 10, 1953, as last amended by Law no. 47, May 25, 1984. ^3 Law no. 71. Apr. 22, 1954, as last amended by Law no. 23, May 1, 1984. ^4 Law no. 45. Apr. 24, 1907, as last amended by Law no. 52, June 2, 1987.3 2. The Taima (Marijuana) Control Law^2 is intended to control the import, export, cultivation, sale, possession, and use of marijuana hemp. Any person who illegally cultivates, imports, or exports taima is subject to penal servitude for up to 7 years. Illegal possession, receipt, use, or transfer is punished with penal servitude for up to 5 years. An illegal transfer or loan of a license to another person or failure to make a required report or the making of a false report carries a penalty of penal servitude for up to one year or a fine of up to 30,000 yen. 3. The Opium Law^3 controls the import, export, and sale of opium, as well as the cultivation of poppies or the transfer, receipt, or possession of opium or poppies. Any person who cultivates, harvests, imports, or exports poppies without a license is subject to penal servitude for not less than one year nor more than 10 years. Opium transfer to or receipt from any person other than the state is prohibited. Only those who cultivate poppies, produce narcotics, or promote narcotic research facilities shall possess, transfer, or receive poppies. Any one violating these provisions is subject to penal servitude for up to 7 years. 4. The Penal Code^4 prohibits the import, export, manufacture, or sale of smokable opium or implements used for smoking opium. Any one who possesses these items for the purpose of sale is subject to penal servitude for a term ranging from 3 months to 7 years. Anyone who for profit provides a place for opium smoking is punished with penal servitude for a term of from 6 months to 7 years. ---------- ^2 Law no. 124. July 10, 1953, as last amended by Law no. 47, May 25, 1984. ^3 Law no. 71. Apr. 22, 1954, as last amended by Law no. 23, May 1, 1984. ^4 Law no. 45. Apr. 24, 1907, as last amended by Law no. 52, June 2, 1987.3 2. The Taima (Marijuana) Control Law^2 is intended to control the import, export, cultivation, sale, possession, and use of marijuana hemp. Any person who illegally cultivates, imports, or exports taima is subject to penal servitude for up to 7 years. Illegal possession, receipt, use, or transfer is punished with penal servitude for up to 5 years. An illegal transfer or loan of a license to another person or failure to make a required report or the making of a false report carries a penalty of penal servitude for up to one year or a fine of up to 30,000 yen. 3. The Opium Law^3 controls the import, export, and sale of opium, as well as the cultivation of poppies or the transfer, receipt, or possession of opium or poppies. Any person who cultivates, harvests, imports, or exports poppies without a license is subject to penal servitude for not less than one year nor more than 10 years. Opium transfer to or receipt from any person other than the state is prohibited. Only those who cultivate poppies, produce narcotics, or promote narcotic research facilities shall possess, transfer, or receive poppies. Any one violating these provisions is subject to penal servitude for up to 7 years. 4. The Penal Code^4 prohibits the import, export, manufacture, or sale of smokable opium or implements used for smoking opium. Any one who possesses these items for the purpose of sale is subject to penal servitude for a term ranging from 3 months to 7 years. Anyone who for profit provides a place for opium smoking is punished with penal servitude for a term of from 6 months to 7 years. ---------- ^2 Law no. 124. July 10, 1953, as last amended by Law no. 47, May 25, 1984. ^3 Law no. 71. Apr. 22, 1954, as last amended by Law no. 23, May 1, 1984. ^4 Law no. 45. Apr. 24, 1907, as last amended by Law no. 52, June 2, 1987.4 A person who possesses smokable opium or the implements for smoking opium may be punished with a maximum term of one year. The actual smoking of opium is punished with penal servitude for up to 3 years. Under the Opium Law (see above), the same offenses are punished more severely, with penal servitude for 7 years, and under article 56 of the Opium Law, its provisions supercede those of the Penal Code. When a customs official imports or permits the importation of smokable opium or the implements for smoking opium, he is considered to have committed an aggravated offense and is more harshly punished, with penal servitude for not less than 1 nor more than 10 years. Attempts to commit the crimes outlined above are equally punishable. 5. The Awakening Drug Control Law^5 is intended to control the import, export, manufacture, possession, transfer, receipt, and use of awakening drugs and their raw materials. The following penalties are applied for violations of this law: (1) Penal servitude for a minimum of 1 year Any person who imports, exports, or manufactures awakening drugs shall be punished with penal servitude for not less than 1 year. Anyone who commits these acts with the intent to make a profit is considered to have committed an aggravated offenses and is subject to a more severe penalty. (2) Penal servitude for a maximum of 10 years Any person who possess, transfers, receives, or uses awakening drugs or who imports, exports, or manufactures the raw materials for awakening drugs shall be punished with penal servitude for up to 10 years. Any person who commits these offenses for profit is subject to a more severe penalty. ^5 Law no. 252, June 30, 1951, as last amended by Law no. 114, Oct. 15, 1973.4 A person who possesses smokable opium or the implements for smoking opium may be punished with a maximum term of one year. The actual smoking of opium is punished with penal servitude for up to 3 years. Under the Opium Law (see above), the same offenses are punished more severely, with penal servitude for 7 years, and under article 56 of the Opium Law, its provisions supercede those of the Penal Code. When a customs official imports or permits the importation of smokable opium or the implements for smoking opium, he is considered to have committed an aggravated offense and is more harshly punished, with penal servitude for not less than 1 nor more than 10 years. Attempts to commit the crimes outlined above are equally punishable. 5. The Awakening Drug Control Law^5 is intended to control the import, export, manufacture, possession, transfer, receipt, and use of awakening drugs and their raw materials. The following penalties are applied for violations of this law: (1) Penal servitude for a minimum of 1 year Any person who imports, exports, or manufactures awakening drugs shall be punished with penal servitude for not less than 1 year. Anyone who commits these acts with the intent to make a profit is considered to have committed an aggravated offenses and is subject to a more severe penalty. (2) Penal servitude for a maximum of 10 years Any person who possess, transfers, receives, or uses awakening drugs or who imports, exports, or manufactures the raw materials for awakening drugs shall be punished with penal servitude for up to 10 years. Any person who commits these offenses for profit is subject to a more severe penalty. ^5 Law no. 252, June 30, 1951, as last amended by Law no. 114, Oct. 15, 1973.4 A person who possesses smokable opium or the implements for smoking opium may be punished with a maximum term of one year. The actual smoking of opium is punished with penal servitude for up to 3 years. Under the Opium Law (see above), the same offenses are punished more severely, with penal servitude for 7 years, and under article 56 of the Opium Law, its provisions supercede those of the Penal Code. When a customs official imports or permits the importation of smokable opium or the implements for smoking opium, he is considered to have committed an aggravated offense and is more harshly punished, with penal servitude for not less than 1 nor more than 10 years. Attempts to commit the crimes outlined above are equally punishable. 5. The Awakening Drug Control Law^5 is intended to control the import, export, manufacture, possession, transfer, receipt, and use of awakening drugs and their raw materials. The following penalties are applied for violations of this law: (1) Penal servitude for a minimum of 1 year Any person who imports, exports, or manufactures awakening drugs shall be punished with penal servitude for not less than 1 year. Anyone who commits these acts with the intent to make a profit is considered to have committed an aggravated offenses and is subject to a more severe penalty. (2) Penal servitude for a maximum of 10 years Any person who possess, transfers, receives, or uses awakening drugs or who imports, exports, or manufactures the raw materials for awakening drugs shall be punished with penal servitude for up to 10 years. Any person who commits these offenses for profit is subject to a more severe penalty. ^5 Law no. 252, June 30, 1951, as last amended by Law no. 114, Oct. 15, 1973.4 A person who possesses smokable opium or the implements for smoking opium may be punished with a maximum term of one year. The actual smoking of opium is punished with penal servitude for up to 3 years. Under the Opium Law (see above), the same offenses are punished more severely, with penal servitude for 7 years, and under article 56 of the Opium Law, its provisions supercede those of the Penal Code. When a customs official imports or permits the importation of smokable opium or the implements for smoking opium, he is considered to have committed an aggravated offense and is more harshly punished, with penal servitude for not less than 1 nor more than 10 years. Attempts to commit the crimes outlined above are equally punishable. 5. The Awakening Drug Control Law^5 is intended to control the import, export, manufacture, possession, transfer, receipt, and use of awakening drugs and their raw materials. The following penalties are applied for violations of this law: (1) Penal servitude for a minimum of 1 year Any person who imports, exports, or manufactures awakening drugs shall be punished with penal servitude for not less than 1 year. Anyone who commits these acts with the intent to make a profit is considered to have committed an aggravated offenses and is subject to a more severe penalty. (2) Penal servitude for a maximum of 10 years Any person who possess, transfers, receives, or uses awakening drugs or who imports, exports, or manufactures the raw materials for awakening drugs shall be punished with penal servitude for up to 10 years. Any person who commits these offenses for profit is subject to a more severe penalty. ^5 Law no. 252, June 30, 1951, as last amended by Law no. 114, Oct. 15, 1973.4 A person who possesses smokable opium or the implements for smoking opium may be punished with a maximum term of one year. The actual smoking of opium is punished with penal servitude for up to 3 years. Under the Opium Law (see above), the same offenses are punished more severely, with penal servitude for 7 years, and under article 56 of the Opium Law, its provisions supercede those of the Penal Code. When a customs official imports or permits the importation of smokable opium or the implements for smoking opium, he is considered to have committed an aggravated offense and is more harshly punished, with penal servitude for not less than 1 nor more than 10 years. Attempts to commit the crimes outlined above are equally punishable. 5. The Awakening Drug Control Law^5 is intended to control the import, export, manufacture, possession, transfer, receipt, and use of awakening drugs and their raw materials. The following penalties are applied for violations of this law: (1) Penal servitude for a minimum of 1 year Any person who imports, exports, or manufactures awakening drugs shall be punished with penal servitude for not less than 1 year. Anyone who commits these acts with the intent to make a profit is considered to have committed an aggravated offenses and is subject to a more severe penalty. (2) Penal servitude for a maximum of 10 years Any person who possess, transfers, receives, or uses awakening drugs or who imports, exports, or manufactures the raw materials for awakening drugs shall be punished with penal servitude for up to 10 years. Any person who commits these offenses for profit is subject to a more severe penalty. ^5 Law no. 252, June 30, 1951, as last amended by Law no. 114, Oct. 15, 1973.5 (3) Penal servitude for a maximum of 7 years Any dealer who illegally dispenses, imports, exports, possess, uses, transfers, or receives awakening drugs without a license shall be punished with penal servitude for up to 7 years. Any person who commits these offenses for profit is subject to a more severe penalty. (4) Penal servitude for a maximum of 3 years or a fine Any narcotic administrator, physician, or researched who is engaged in dispensing any awakening drug in a hospital or clinic and who has been ordered to suspend this work or research and has not followed the order, is subject to penal servitude not to exceed 3 years of a fine of up to 200,000 yen. Any manufacturer who produces awakening drugs in excess of the amount determined by the Minister of Health and Welfare is subject to the same penalty. Any awakening drugs or raw materials in violation of this law are subject to confiscation. Prepared by Sung Yoon Cho. Assistant Chief and Constance A. Johnson. Legal Research Analyst Far Eastern Law Division Law Library of Congress November 19895 (3) Penal servitude for a maximum of 7 years Any dealer who illegally dispenses, imports, exports, possess, uses, transfers, or receives awakening drugs without a license shall be punished with penal servitude for up to 7 years. Any person who commits these offenses for profit is subject to a more severe penalty. (4) Penal servitude for a maximum of 3 years or a fine Any narcotic administrator, physician, or researched who is engaged in dispensing any awakening drug in a hospital or clinic and who has been ordered to suspend this work or research and has not followed the order, is subject to penal servitude not to exceed 3 years of a fine of up to 200,000 yen. Any manufacturer who produces awakening drugs in excess of the amount determined by the Minister of Health and Welfare is subject to the same penalty. Any awakening drugs or raw materials in violation of this law are subject to confiscation. Prepared by Sung Yoon Cho. Assistant Chief and Constance A. Johnson. Legal Research Analyst Far Eastern Law Division Law Library of Congress November 19895 (3) Penal servitude for a maximum of 7 years Any dealer who illegally dispenses, imports, exports, possess, uses, transfers, or receives awakening drugs without a license shall be punished with penal servitude for up to 7 years. Any person who commits these offenses for profit is subject to a more severe penalty. (4) Penal servitude for a maximum of 3 years or a fine Any narcotic administrator, physician, or researched who is engaged in dispensing any awakening drug in a hospital or clinic and who has been ordered to suspend this work or research and has not followed the order, is subject to penal servitude not to exceed 3 years of a fine of up to 200,000 yen. Any manufacturer who produces awakening drugs in excess of the amount determined by the Minister of Health and Welfare is subject to the same penalty. Any awakening drugs or raw materials in violation of this law are subject to confiscation. Prepared by Sung Yoon Cho. Assistant Chief and Constance A. Johnson. Legal Research Analyst Far Eastern Law Division Law Library of Congress November 19895 (3) Penal servitude for a maximum of 7 years Any dealer who illegally dispenses, imports, exports, possess, uses, transfers, or receives awakening drugs without a license shall be punished with penal servitude for up to 7 years. Any person who commits these offenses for profit is subject to a more severe penalty. (4) Penal servitude for a maximum of 3 years or a fine Any narcotic administrator, physician, or researched who is engaged in dispensing any awakening drug in a hospital or clinic and who has been ordered to suspend this work or research and has not followed the order, is subject to penal servitude not to exceed 3 years of a fine of up to 200,000 yen. Any manufacturer who produces awakening drugs in excess of the amount determined by the Minister of Health and Welfare is subject to the same penalty. Any awakening drugs or raw materials in violation of this law are subject to confiscation. Prepared by Sung Yoon Cho. Assistant Chief and Constance A. Johnson. Legal Research Analyst Far Eastern Law Division Law Library of Congress November 19895 (3) Penal servitude for a maximum of 7 years Any dealer who illegally dispenses, imports, exports, possess, uses, transfers, or receives awakening drugs without a license shall be punished with penal servitude for up to 7 years. Any person who commits these offenses for profit is subject to a more severe penalty. (4) Penal servitude for a maximum of 3 years or a fine Any narcotic administrator, physician, or researched who is engaged in dispensing any awakening drug in a hospital or clinic and who has been ordered to suspend this work or research and has not followed the order, is subject to penal servitude not to exceed 3 years of a fine of up to 200,000 yen. Any manufacturer who produces awakening drugs in excess of the amount determined by the Minister of Health and Welfare is subject to the same penalty. Any awakening drugs or raw materials in violation of this law are subject to confiscation. Prepared by Sung Yoon Cho. Assistant Chief and Constance A. Johnson. Legal Research Analyst Far Eastern Law Division Law Library of Congress November 1989