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China's law on keeping drug use records confidential divides netizens

The Straits Times

|

January 01, 2026

Some believe that this will protect the rich and powerful

- Lim Min Zhang

Over the past month, China's internet has been abuzz with debates about whether the country has gone soft on drugs, ahead of a revised law that takes effect on Jan 1, 2026.

The public uproar is over Article 136 of the Public Security Administration Punishments Law, or PSAPL, which imposes fines and up to 15 days' detention for minor offences deemed detrimental to public order, including drug use.

It tightens requirements for disclosing violation records, stating that they must be "sealed", or kept confidential.

Netizens argue that the change sends a wrong signal to potential drug offenders that their actions are becoming more acceptable.

Others mistakenly believe that such records will be deleted.

A top-liked comment on a WeChat article on the topic read: "While I understand the rationale for record sealing, drug offences cross a red line, which is not a legal issue... but a moral and ideological one."

"Personally, I don't think that public figures should have their drug use records sealed," said another comment.

Others called for record sealing for those who make efforts to recover from drug addiction but not for recalcitrant offenders.

However, advocates view record sealing as a positive step towards rehabilitation, arguing that without it, the punishment can often be overly harsh.

The law covers a wide range of offences including those viewed as morally reprehensible, such as gambling, taking drugs and prostitution.

The Chinese legislature has noted that a requirement by some employers for a clean penalty record is disproportionate to the severity of these offences.

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