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  • Interpretation
  • No.376
  • Date
  • 1995/03/31
  • Issue
    • Is Proclamation No. 904142 of the Health Bureau of the Executive Yuan unconstitutional in stating that: “Methamphetamine and its precursor compounds shall be categorized as synthetic narcotics as prescribed in Article 2, Paragraph 4, of the Controlled Substances Act and governed by the same law”?
  • Holding
    • Article 2, Paragraph 4, of the Controlled Substances Act   provides that synthetic narcotics and their precursor compounds are within one of the categories of narcotic drugs prescribed in the said Act. Methamphetamine is a narcotic produced independently by means of chemical synthesis and it has a highly addictive effect. Proclamation No. 904142 of the Health Bureau of the Executive Yuan, which was publicly announced on October 9th, 1990, states that: “Methamphetamine and its precursor compounds shall be categorized as synthetic narcotics as prescribed in Article 2, Paragraph 4, of the Controlled Substances Act and governed by the same law.” The purpose of this Proclamation is to notify the public that methamphetamine and its precursor compounds have been categorized as synthetic narcotics and are governed by the said Act in accordance with the legislative intent of Article 3 of the said Act. Proclamation No. 904142 of the Health Bureau does not impose additional sanctions or obligations on the public and is warranted to maintain the social order and promote the public welfare. It is therefore consistent with the provisions set forth in the Constitution of the Republic of China.
      
  • Reasoning
    •        Article 2, Paragraph 4, of the Controlled Substances Act provides that synthetic narcotics and their precursor compounds are within one of the categories of narcotic drugs of the said Act. In addition, Article 8 of the Enforcement Rules of the said Act provides that the term “synthetic narcotics” refers to narcotics and their precursor compounds which are produced independently by means of chemical synthesis and have a highly addictive effect or narcotics and their precursor compounds which are combined into other highly addictive drugs.  The long-term use of methamphetamine will result in tissue tolerance, and will cause the users to depend physically and psychologically on this narcotic. In addition, such long-term use will have adverse side effects on the users, including delusions and hallucinations associated with insanity and other behavior or personality disorders. Moreover, long-term users of methamphetamine often display violent and anti-social behaviors, which can have devastating effects on the users and pose imminent danger to the public safety. Therefore, methamphetamine and its precursor compounds which are highly addictive are within one of the categories of narcotic drugs prescribed in Article 2, Paragraph 4, of the Controlled Substances Act. Proclamation No. 904142 of the Health Bureau of the Executive Yuan, which was publicly announced on October 9th, 1990, states that: “Methamphetamines and their precursor compounds shall be categorized as synthetic narcotics as prescribed in Article 2, Paragraph 4, of the Controlled Substances Act and governed by the same law. The use of methamphetamines and their precursor compounds shall be prohibited in medical treatment.” The purpose of this Proclamation is to notify the public that methamphetamine and its precursor compounds have been categorized as synthetic narcotics and governed by the said Act in accordance with the legislative intent of Article 3 of the said Act. Proclamation No. 904142 of the Health Bureau does not impose additional sanctions or obligations on the public and is warranted to maintain the social order and promote the public welfare. It is therefore consistent with the provisions set forth in the Constitution of the Republic of China.
      
    • *Translated by Li-Chih Lin, Esq., J.D.
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