Legal analysis: It may involve the crime of illegal business operation. If the drugs sold are fake drugs, it may involve the crime of selling fake drugs.

legal basis: article 14 of the criminal law of the people's Republic of China investigates criminal responsibility for the crime of producing and selling fake and inferior products. For another example, Article 6 of this judicial interpretation stipulates that "those who commit crimes of producing and selling fake drugs and inferior drugs, which also constitute crimes of producing and selling fake and inferior products, infringing intellectual property rights, illegal business operation, illegal medical practice, illegal blood collection and blood supply, shall be convicted and punished according to the provisions with heavier punishment". According to this provision, if the production and sale of fake drugs are not serious enough to endanger human health, but if they constitute crimes of illegal business operation, trademark counterfeiting and illegal medical practice, In addition, it should be noted that if the actor produces and sells counterfeit drugs, if it does not constitute a crime, not being investigated for criminal responsibility does not mean that he can be exempted from punishment, because the drug supervision and administration department will also investigate his illegal responsibility according to law.