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This guide explains the legal landscape for drug-related offenses in Foshan, a city in Guangdong province, and what people should know when they face investigation, detention, or charges. China treats narcotics offenses seriously, with a range of administrative and criminal penalties depending on the type of conduct and the amount involved. Law enforcement in Foshan enforces national criminal law together with local implementations and anti-narcotics campaigns. The legal process can include police investigation, detention, criminal arrest, prosecution by the procuratorate, trial in court, and - where appropriate - administrative measures such as compulsory drug rehabilitation.
- You were stopped, searched, or detained by police and there is an allegation of drug use, possession, or trafficking.
- Police searched your home or vehicle and seized substances, money, electronic devices, or other items that could be used as evidence.
- You face an accusation of selling, transporting, or supplying drugs, including via delivery or online channels.
- You are charged with manufacturing or smuggling drugs, or implicated in a larger network.
- You are a foreign national and need help protecting your consular rights and dealing with language and procedural barriers.
- You need help applying for release on bail-pending-trial - for example 取保候审 - or seeking other pre-trial measures such as residential surveillance.
- You want to challenge the legality of police conduct - for example unlawful search, coerced confession, or problems with evidence handling.
- You need guidance on rehabilitation options and how administrative penalties interact with criminal proceedings.
- Applicable legal framework: Drug offenses in Foshan are dealt with under the Criminal Law of the People’s Republic of China and implementing judicial interpretations, together with administrative measures under the Narcotics Control Law and public security regulations. Local prosecutors and courts apply national statutes and provincial or municipal enforcement policies.
- Types of illegal conduct: Commonly charged acts include illegal possession, purchase, sale, transport, delivery, manufacturing, smuggling, and providing drugs to others. Using or being under the influence of illegal drugs may lead to administrative measures or criminal liability depending on circumstances.
- Penalties: Penalties range from administrative fines and compulsory detoxification for drug users to criminal punishments for trafficking and manufacturing. Criminal punishments can include fixed-term imprisonment, long-term imprisonment, life imprisonment, and in the most serious cases, capital punishment - subject to strict procedural and review safeguards. The severity depends on the offense type, the quantity of drugs, criminal intent, whether the conduct harmed many people, and other aggravating or mitigating factors.
- Quantities and thresholds: Courts and prosecutors use statutory definitions and judicial interpretations to classify amounts as small, moderate, large, or extra-large. These classifications affect charging decisions and sentencing. Exact thresholds are defined in national and provincial documents and are applied by local authorities.
- Administrative measures and rehabilitation: For people identified primarily as drug users rather than dealers, public security organs may require community-based rehabilitation, administrative detention, or compulsory isolation detoxification. These measures are separate from criminal proceedings but may be relevant evidence in court.
- Procedural protections: Suspects have rights under Chinese criminal procedure law, including the right to a defense lawyer. Police may detain for investigation and must follow statutory procedures for arrest, transfer to prosecutors, and detention review. Legal aid is available for eligible persons who cannot afford counsel.
Any involvement in illegal narcotics activity may lead to administrative action or criminal charges. Typical acts include possessing illegal drugs, buying or receiving drugs, selling or supplying drugs, transporting or mailing drugs, manufacturing or mixing drugs, smuggling, and providing locations for drug use. Context matters - being a user may result in administrative or criminal consequences depending on quantity and other facts.
Penalties depend on the offense. For simple use or small possession, administrative detention, fines, and compulsory rehabilitation are common. For trafficking, manufacturing, or smuggling in larger amounts, criminal penalties can be severe - long-term imprisonment or life imprisonment in serious cases. In extremely serious cases with particular aggravating factors, the death penalty may be applied under national law. Sentencing is fact-specific and decided by the court.
Yes. Police might detain and investigate individuals found with drugs or suspected of using drugs. If authorities determine the conduct meets criminal criteria - for example possession beyond a minimal quantity or involvement in supply - criminal arrest and prosecution may follow. If not, administrative penalties such as compulsory rehabilitation or administrative detention may be imposed.
Remain calm. You have the right to ask whether you are under criminal detention. You have the right to counsel - request to contact a lawyer as soon as possible. Do not destroy evidence or attempt to hide materials - that can lead to additional charges. If you are detained, inform your family and your requested lawyer of your situation. Avoid making statements under pressure without legal advice.
Yes. Suspects and defendants have the right to a defense lawyer. A lawyer can request visits and, depending on the stage of the case and the nature of the investigation, may be able to meet privately with you. In some sensitive cases or early stages, access can be limited for a period; a lawyer can advise you on how to document any restrictions and protect your rights.
China uses measures such as release on guaranty or security - often called 取保候审 - and residential surveillance in lieu of detention. These measures allow suspects to remain out of custody under conditions while the case proceeds. A lawyer can help submit an application to police and the prosecutors, gather necessary guarantees or deposits, and argue for release based on factors such as no risk of flight, non-interference with evidence, and family ties.
Drug evidence is typically tested by qualified forensic labs to identify substance type and quantity. The handling of evidence must follow strict chain-of-custody procedures. If there are gaps in how samples were collected, stored, or tested, a defense lawyer can challenge the admissibility or reliability of the evidence and may request independent or supplementary testing where allowed.
Inform authorities that you wish to contact your consulate. You have the right to consular assistance under international law. Seek a lawyer familiar with cases involving foreign nationals and with English or your language ability. Be aware of visa and residency implications, and coordinate legal defense with consular advice when possible.
Cooperation with authorities, providing information about higher-level offenders, and admitting wrongdoing can influence prosecutors and courts. In practice, cooperation can be a mitigating factor in sentencing. However, any cooperation should be coordinated through counsel to ensure your rights are protected and that statements are neither coerced nor unduly risky.
If you meet income and case criteria, you may be eligible for legal aid through the local legal aid center or the justice bureau. Legal aid can provide an assigned lawyer or help with reduced-fee representation. Even if you are not fully eligible for legal aid, consult local defense lawyers - some offer reduced rates or payment plans for criminal defense work.
- Foshan Municipal Public Security Bureau - Narcotics Control Division - the local police authority responsible for narcotics enforcement and initial investigations.
- Foshan Justice Bureau - Legal Aid Center - provides information on eligibility for legal aid and access to assigned lawyers for eligible defendants.
- Foshan Bar Association - directory of local defense lawyers with criminal law experience.
- Guangdong Provincial Narcotics Control Office - coordinates provincial anti-narcotics policies and resources.
- National legal aid hotline - use local provincial hotlines or the national legal aid number 12348 for guidance on obtaining legal aid.
- Emergency police number - 110 - for immediate safety concerns or urgent detention situations.
- Community rehabilitation centers and addiction treatment services - for people seeking medical and social support for drug dependence and recovery.
- Stay calm and protect your rights - do not destroy evidence or try to flee. Those actions can worsen your legal position.
- Ask to contact a lawyer immediately. If you cannot afford one, request legal aid through the local justice bureau. Make clear you want legal representation and document the request if possible.
- Notify family or a trusted contact so they can help engage a lawyer, provide documents, and monitor your situation.
- Preserve documents and records - photographs, receipts, communications, witness names, and any medical or treatment records that may be relevant to your case or to show dependence versus trafficking.
- Do not sign statements or confess without consulting your lawyer. Confessions made without counsel or under coercion can still be used and are difficult to retract.
- If you are a foreign national, request consular notification and assistance. Your consulate can provide guidance and possibly help find legal representation.
- Meet with your lawyer early to discuss strategy - possible defenses, evidence challenges, options for pre-trial release, negotiation with prosecutors, and rehabilitation options that may mitigate exposure to the harshest penalties.
- Keep records of all interactions with police, detention facilities, and legal counsel. Timely documentation helps protect your rights and supports later appeals if needed.
This guide is informational only and does not replace personalized legal advice. Laws and local practice can change - consult an experienced criminal defense lawyer in Foshan promptly to get advice tailored to your situation.
