Penalties for using or possessing controlled drugs differ by category and, for possession, pure net weight (Narcotics Hazard Prevention Act, Arts. 10–11). In an eligible case, a prosecutor may order addiction treatment or other measures as a condition of deferred prosecution (Code of Criminal Procedure, Art. 253-2). Before ordering treatment under that provision, the prosecutor must consult a medical institution (Narcotics Hazard Prevention Act, Art. 24).
What are the penalties for using a controlled drug?
Using a Category 1 drug carries six months to five years' imprisonment; using a Category 2 drug carries up to three years' imprisonment (Narcotics Hazard Prevention Act, Art. 10). The article specifies a six-month minimum for Category 1 but no category-specific minimum for Category 2. Other provisions may apply to different conduct; classification must be confirmed for the substance involved.
施用第一級毒品者，處六月以上五年以下有期徒刑。施用第二級毒品者，處三年以下有期徒刑。（毒品危害防制條例第10條）
Unofficial English summary (not an official translation): Narcotics Hazard Prevention Act Article 10 punishes Category 1 drug use with six months to five years' imprisonment and Category 2 drug use with up to three years.
What are the penalties for possession?
Article 11 varies the penalty by category and pure net weight. For Category 1, basic possession carries up to three years' imprisonment, short-term detention or a fine of up to NT$300,000; for Category 2, up to two years, short-term detention or a fine of up to NT$200,000. Higher pure-net-weight thresholds carry higher ranges:
| Drug category | Possession under Article 11 |
|---|---|
| Category 1 | Up to 3 years, short-term detention or a fine up to NT$300,000; at least 10 g pure net weight: 1–7 years and a possible fine up to NT$1 million. |
| Category 2 | Up to 2 years, short-term detention or a fine up to NT$200,000; at least 20 g pure net weight: 6 months–5 years and a possible fine up to NT$700,000. |
| Category 3 | At least 5 g pure net weight: up to 2 years and a possible fine up to NT$200,000. Below that threshold, possessing or using the drug without a valid reason is subject to an administrative fine of NT$10,000–50,000 and 4–8 hours of drug-harm education under Art. 11-1(2), rather than the Art. 11 possession offense. |
| Category 4 | At least 5 g pure net weight: up to 1 year and a possible fine up to NT$100,000. Below that threshold, possessing or using the drug without a valid reason has the Art. 11-1(2) administrative consequences described above. |
Possessing implements specifically for producing or using Category 1 or 2 drugs carries up to one year's imprisonment, short-term detention or a fine of up to NT$100,000 (Art. 11(7)).
For a juvenile's use of a Category 3 or 4 drug, Article 11-1(3) directs the case to the Juvenile Justice Act instead of the administrative rule in paragraph 2.
What is deferred prosecution with addiction treatment?
A prosecutor who grants deferred prosecution may require treatment for addiction or other mental-health or counseling measures under Code of Criminal Procedure Article 253-2(1)(6). The defendant's consent is required for conditions under items 3–6. Before imposing an item 6 treatment condition, the prosecutor must consult a medical institution; other relevant institutions may also be consulted if necessary (Narcotics Hazard Prevention Act, Art. 24(3)).
六、完成戒癮治療、精神治療、心理治療、心理諮商、心理輔導或其他適當之處遇措施。（刑事訴訟法第253條之2第1項第6款）
Unofficial English summary (not an official translation): Code of Criminal Procedure Article 253-2(1)(6) allows addiction or mental-health treatment, counseling or other suitable measures as a deferred-prosecution condition.
When is deferred prosecution available?
Under Code of Criminal Procedure Article 253-1, the alleged offense must not be punishable by death or life imprisonment, or have a statutory minimum of at least three years. After considering Criminal Code Article 57 factors and the public interest, a prosecutor may set a deferred-prosecution period of one to three years. It is discretionary, not an automatic outcome.
Where a prosecutor first imposes conditional deferred prosecution under Code of Criminal Procedure Article 253-1(1) and Article 253-2(1)(4)–(6) or (8), or the juvenile court (juvenile division of a district court) finds it appropriate to handle the case under the Juvenile Justice Act, the procedures in Narcotics Hazard Prevention Act Articles 20(1) and 23(2) do not apply. If that deferred-prosecution disposition is revoked, the prosecutor must continue the investigation or indict (Article 24(1)–(2)).
How does the case proceed?
Drug cases commonly begin with police questioning or a prosecutor's investigation. If you were asked to attend, review the guides to a police attendance notice and a prosecutor's summons before giving your account.
When should I seek legal advice?
Consider advice after a police or prosecutor's notice, during discussions about deferred prosecution, or before preparing treatment-related documents. This page summarizes legal penalties and procedure; it is not medical advice or individual legal advice.