First, how to punish drug trafficking:
1. Whoever sells less than 200 grams of opium, less than 10 grams of heroin or methamphetamine or other small amounts of drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;
2. Whoever sells opium of more than 200 grams but less than 1 kilogram, heroin or methamphetamine of more than 10 grams but less than 50 grams, or other drugs in large quantities, shall be sentenced to fixed-term imprisonment of more than seven years and fined;
3. Whoever sells more than one kilogram of opium, 50 grams of heroin or methamphetamine or other drugs in huge quantities, or is the ringleader of a drug trafficking group, or provides armed cover for drug trafficking, or violently resists inspection, detention or arrest, if the circumstances are serious, or participates in organized international drug trafficking activities;
Second, the constitutive elements of the crime of drug trafficking:
1, the main constituent elements of the crime of drug trafficking, the subject of the crime of drug trafficking is the general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can become the subject of the crime of drug trafficking. Minors who have reached the age of 14 but under the age of 16 shall bear criminal responsibility;
2. The object of drug trafficking crime is the national drug management system and people's life and health;
3. The crime of drug trafficking is objectively manifested as the behavior of drug trafficking by the perpetrator. Trafficking refers to the illegal transfer of drugs with compensation or the illegal purchase of drugs for the purpose of trafficking;
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.