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Taiwan makes possession of narcotics a crime

The Statute for the Suppression of Opium and Narcotics in the Period of Communist Rebellion was promulgated on 3 June 1955. It covered opium, morphine, cocaine and heroin and a category written 蔴煙, which it punished separately from the others: selling, transporting or making it carried death or life imprisonment (Article 5), using it one to three years (Article 9) and possessing it six months to two years (Article 10). The statute does not define 蔴煙; reading it as cannabis smoke is an inference. The law was renamed and rewritten in 1992 and 1998.[2][1][3]

Index score

1002

−98 points

The story · written by opus-5.5,

On 3 June 1955 the government in Taipei promulgated a drug law whose title announced an emergency: the Statute for the Suppression of Opium and Narcotics in the Period of Communist Rebellion. It had twenty-two articles and took effect the same day. It is the earliest text in Taiwan’s record that punishes holding a drug, and its tiers suggest how cannabis was ranked.

A word that is not defined

The statute sorts substances into two groups. One, “narcotics”, is morphine, cocaine, heroin and their synthetic products. The other, under the heading for opium, lists opium, the poppy, poppy seed, substitute drugs, and a term written 蔴煙.

The term is listed and never defined. Its first character is the one for hemp and its second means smoke, so reading it as smoked cannabis is reasonable, but it is an inference and the statute does not confirm it.

A lower tier

Whatever it meant, the statute punished it less than opium.

Opium or narcotics蔴煙
Selling, transporting, making (Art. 5)deathdeath or life imprisonment
Holding with intent to sell (Art. 7)life or at least 10 yearsat least 7 years
Using (Art. 9)3 to 7 years1 to 3 years
Possessing (Art. 10)2 to 5 years6 months to 2 years

A user was sent to a detoxification facility in a public hospital. Relapse raised the sentence by up to two-thirds, and a third offence carried death.

An amnesty of one month

The law opened with a way out. An addict who reported to a court or the judicial police within a month of its taking effect, and was shown by testing to have quit within six months, was exempt from punishment.

Officials and soldiers faced heavier penalties than civilians, death among them for trafficking and profiteering, and cases under the statute were to be heard before all others.

What became of it

The statute was amended in 1973, renamed in 1992 when the reference to the rebellion was dropped, and in 1998 became the Narcotics Hazard Prevention Act, the law in force today. Under that act cannabis is a Category 2 drug, alongside methamphetamine. Possession carries up to two years, the same ceiling the 1955 text set for 蔴煙.

In April 2022 the government announced a lighter penalty for growing cannabis plants: a maximum of seven years in place of a minimum of five.

Why the index moved

The statute is the first step in Taiwan’s score, from the unregulated state to prohibition. Possession, use and supply all became crimes with prison. If 蔴煙 is not cannabis, the first restriction lies elsewhere and the date would need to move; the index records the reading as an inference.[1][2]

Score by segment 0 to 10

  1. Possession · 25%10 0−10
  2. Personal cultivation · 25%10 0−10
  3. Punishment & enforcement · 20%10 1−9
  4. Sharing & gifting · 10%10 0−10
  5. Consumption · 10%10 0−10
  6. Legal access · 10%10 0−10

The bar shows the score after the change; the tick marks where it stood before. The scores after the change are Taiwan's current scores.

References

  1. Wikisource — 戡亂時期肅清煙毒條例 (民國44年), promulgated 3 June 1955archived
  2. Taiwan Scene — What's the deal with Taiwan's cannabis laws (20 April 2022)archived
  3. Narcotics Hazard Prevention Act — legislative history (Ministry of Justice, Taiwan)archived

Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.

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