Crackdown on Large-Scale Criminal Network Selling Dangerous E-cigarettes

According to a report from Longhua Net on September 22nd, the recent news from CCTV revealed that the Dangyang police in Yichang, Hubei province, have dismantled a major criminal gang involved in the production and sale of e-cigarettes containing etizolam.

Earlier, the authorities in Yangjiang received intelligence that a large quantity of e-cigarettes containing ethylmethylphenidate was being sold in the urban area of Yichang. After conducting a thorough analysis, the police identified a four-tier network involved in the distribution of ethylmethylphenidate, led by individuals known as Xiao and Zhang. The network included suppliers of raw materials, manufacturers, distributors, and retail sellers, with clearly defined roles for each member. During the operation, a total of 13 suspects involved in illegal activities were apprehended, including nine individuals selling ethylmethylphenidate e-cigarette pods. More than 300 ethylmethylphenidate e-cigarette pods were seized at the scene, along with evidence of a total sum of 49,000 RMB relating to the case.

After further investigation, the police officers rushed to Wuhan on the evening of September 6th and arrested the manufacturers of the product, Li and Wang, who were involved in the case. They seized over 800 electronic pods and their raw materials that relied on Methylone at the scene. Currently, the Dayang police have lawfully detained 11 individuals and the case is undergoing further processing.

Hu Dan, a member of the Tobacco Control Working Group of the China Green Hair Association, pointed out that in recent years, e-cigarettes have gained popularity due to their diverse flavors, pleasant aromas, and rich taste. They are particularly attractive to young people who are curious and prefer a slower and more stable flavor selection compared to traditional cigarettes. However, the harmfulness of e-cigarettes remains significant. The aerosols generated during the use of e-cigarettes typically contain known toxic substances such as ethylene glycol, aldehydes, volatile organic compounds (VOCs), and metals. It has been confirmed that the use of e-cigarettes is associated with the occurrence of myocardial infarction, asthma, and chronic obstructive pulmonary disease (COPD), and it may even act as a "carcinogen" and participate in the biological processes of malignant diseases and neurodegeneration.

The usage of "high e-cigarettes" can easily lead to addiction, with unimaginable consequences, warns the expert. She points out that these illicit products are being created by criminal elements solely to profit by adding narcotic substances to the e-liquid, disguising it as "tobacco" and marketing it as an enticing option with claims such as "added ingredients," "enhanced experience," and "non-illegal consumption." This illicit industry, involved in the production, sale, and distribution of these products, operates in the grey area between tobacco and illicit drugs, greatly disturbing social order and endangering public health.

Previously, the Anti-drug Brigade of the Qingyuan Branch of the Public Security Bureau in Ji'an City, Jiangxi Province, discovered during their work that there were underground locations in their jurisdiction involved in the production and sale of e-cigarettes that can induce a strong high. With the cooperation of relevant departments, the police successfully arrested Liu and He, who were suspected of selling products made from methyl ethyl ketone. At the scene, they seized over 100,000 yuan in cash, more than 400 grams of methyl ethyl ketone, over 500 pod devices, and over 70 bottles of e-liquid.

In July of this year, the Jiangcheng branch of the Yangjiang City Public Security Bureau in Guangdong province received a tip regarding illegal "tobacco powder" activities. The police obtained information on a criminal suspect who had purchased "tobacco powder" from another province and was selling it in Yangjiang. Subsequently, officers arrested the suspects, He and Chen, and found 7 packages of "tobacco powder" totaling 6.5 kilograms in the vehicle involved in the case. According to the investigation, suspect He had purchased the batch of "tobacco powder" from another province and had hired Chen as the driver to transport the goods to Yangjiang for sale. The Jiangcheng Police have now placed both individuals under criminal detention.

According to public information, this substance commonly referred to as "firepowder" has a chemical name called "etomidate" and appears as white crystalline or crystalline powder. It is one of the commonly used drugs for anesthesia induction. It is mainly used for general anesthesia induction in clinical settings and can also be used for short-term surgical anesthesia. However, when added to ordinary cigarette tobacco for smoking or mixed into e-liquid for vaping, it can cause dizziness, unstable standing, and a state similar to intoxication. High doses of consumption can also lead to irritability, laziness, and even death.

It is worth mentioning that, according to the Announcement on Adjusting the Catalogue of Anesthetic Drugs and Psychotropic Drugs (No. 120 of 2023) issued by the National Medical Products Administration, Ministry of Public Security, and National Health Commission, etomidate is included in the second category of the psychotropic drug catalogue, excluding drug formulations containing etomidate approved for market in China. The announcement will be implemented from October 1, 2023.

This means that using 'high-grade e-cigarettes' is equivalent to drug abuse," said Wei Zhuoran, a member of the expert database of the Rule of Law Daily and deputy director of the Criminal Law Professional Committee at Beijing Huixiang Law Firm. Prior to being regulated, the sale of e-cigarettes containing etomidate could potentially constitute crimes such as obstructing drug management, fraud, illegal business operations, and selling counterfeit products. However, after being regulated, the most significant change is that selling e-cigarettes containing etomidate will constitute the crime of drug trafficking, with heavier criminal responsibilities. According to relevant provisions of Article 357 and Article 347 of China's Criminal Law, drugs refer to opium, heroin, methamphetamine (ice), morphine, cannabis, cocaine, as well as other narcotic drugs and psychotropic drugs controlled by the state that can induce addiction. Those convicted of drug trafficking can be sentenced to various penalties, including control, detention, fixed-term imprisonment, life imprisonment, or even the death penalty, depending on the quantity of drugs involved.

In addition, simply using drugs will also not be able to escape its blame. Lawyer Wei stated that before being included in the list of controlled substances, the use of methylenedioxymethamphetamine (MDMA) is not considered a narcotic. However, consuming it in public places may involve administrative liability, such as local regulations on controlling smoking in public places. In such cases, the public security authorities can only decide not to impose punishment according to Article 2 of Article 95 of the Law on Administrative Penalties for Public Security; after being included in the list of controlled substances, in accordance with Article 72 of the Law on Administrative Penalties for Public Security, the penalty for drug use is detention for a period of ten to fifteen days, and a fine of up to two thousand yuan can also be imposed. For less severe circumstances, detention for a period of up to five days or a fine of up to five hundred yuan can be imposed.