Research on the legal incompatibility of the"narcotic"treatment of new psychoactive substances
New psychoactive substances have long been treated as drugs,but this contradicts the administrative criminal nature of drug crimes.In fact,the legal and normative attributes of new psychoactive substances and drugs are not at the same level.They are also significantly different from drugs in terms of whether they should be controlled,the methods and boundaries of their control.Simply identifying the manufacture,sale and transporta-tion of new psychoactive substances as drug crimes violates Nulla poena sine lege and may even violate the Con-stitution and legislative laws.In judicial practice,difficulties and contradictions have arisen in the characteriza-tion,conviction and sentencing of cases involving new psychoactive substances.While identifying them as drug crimes,they may be treated with the statutory minimum penalty,or they may be deemed as attempted offenders and incompetent offenders.New psychoactive substances are incompatible with drugs.Uncontrolled new psycho-active substances cannot be equated with drugs,nor can uncontrolled substances be identified as drugs.On the premise of adhering to Nulla poena sine lege,we should adopt a rational and prudent attitude towards new psy-choactive substances,jump out of the inherent"narcotic"thinking,and return them to their essential properties as medicines and chemicals,which is the key to solve the criminalization and sentencing issues on new psychoactive substances.
new psychoactive substancesdrugsmedicineschemicalsadministrative crimes
NETL
NSTL
万方数据
