1. Is it illegal for individuals to sell drugs?
Illegal. Individuals who sell drugs privately are suspected of illegal business operations, and will be banned according to law, and the illegally produced and sold drugs and illegal income will be confiscated. At the same time, illegal production and sale of drugs, including those that have been sold and those that have not been sold, will be fined 1 times and less than 5 times. Those who constitute a crime will be investigated for criminal responsibility according to law.
Second, what is the crime of illegal business operation?
The crime of illegal business operation refers to the illegal business operation mentioned in Article 225 of the Criminal Law of People's Republic of China (PRC), which constitutes a crime.
Third, the sentencing standard of the crime of illegal business operation.
Relevant provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law):
Article 225 stipulates that the crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations, disrupting market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Sentencing standard: if the crime of illegal business operation is serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
Legal basis:
Article 225 of the Criminal Law
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.