(2023-02-03-ны өдрийн орчуулга)                                                       Unofficial translation

LAW OF MONGOLIA

November 28, 2002                                                                                     Ulaanbaatar city

ON CONTROL OF THE CIRCULATION OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

CHAPTER ONE

General provisions

Article 1.Purpose of law

1.The purpose of this law is to regulate relations relating to the control of the circulation of narcotic drugs and psychotropic substances, to the prevention and protection of the public health and gene pool from the harmful consequences of these types of substances.

Article 2.Legislation of Control of circulation of narcotic drugs and psychotropic substances

2.1.Legislation of control of circulation of narcotic drugs and psychotropic substances consists of the Constitution, Law on National Security, Law on Medicine and Medical devices, this Law and other legal acts adopted in consistency with these laws. 

/This paragraph was amended by the law as of May 26, 2011/

2.2.In case of discrepancy between this law and an international agreement of Mongolia, international agreement shall prevail.

Article 3.Definition of legal terms

3.1.The following terminologies used in this law shall have meanings stated below:

3.1.1."narcotic drugs and psychotropic substances" means any of the drugs, natural or synthetic substances listed in the UN Single Convention on Narcotic drugs of 1961 and UN Convention on Psychotropic Substances of 1971, which has an addictive or other grave psychological effects, subject to the control according the legislations in Mongolia;

3.1.2."circulation of narcotic drugs and psychotropic substances" means the activities established by this law and the other legislations relating to the preparation, distribution, sale, use, transportation, storage, disposal of narcotic drugs, psychotropic substances and their raw materials, as well as the import and transit of narcotic drugs, psychotropic substances and their raw materials;

3.1.3."manufacture of narcotic drugs and psychotropic substances" means collecting, planting, harvesting, refining, reforming and extracting of the plants with narcotic effect growing in nature in the form of an end-product or of raw materials;

3.1.4."raw materials of narcotic drugs and psychotropic substance" means plants or substances that have narcotic effect, used in producing and reproducing the narcotic drugs and psychotropic substances, which is specified in the legislations and international agreements which Mongolia is a party to, that is subject to the control in Mongolia;

3.1.5."drug addiction" is a mental illness that is reliant on narcotic substances.

CHAPTER TWO

Circulation of narcotic drugs and psychotropic substances and control over it

Article 4.Production, use and consumption of narcotic drugs and psychotropic substances and their raw materials

/The title of this Article 4 was amended by the law as of May 26, 2011/

4.1.Narcotic drugs, psychotropic substances and their raw materials can be used by the following authorities for the following purposes:

4.1.1.medical and academic institutions for the purpose of treatment, analysis or research;

/This sub-paragraph was amended by the law as of May 26, 2011/

4.1.2.authorities responsible for controlling the illegal circulation of narcotic drugs and psychotropic substances for the purpose of conducting laboratory tests or organizing trainings;

4.1.3.authorities tasked with executive works for the purpose of making comparisons or preventing, intervening and identifying crimes and violations;

/This sub-paragraph was modified by the law as of May 26, 2011/

4.1.4.Organizations and enterprises holding licenses for the production and export of psychotropic substances and their raw materials in cases when the medicinal plants are transplanted.

/This sub-paragraph was added by the law as of May 26, 2011/

4.2.A patient who has been prescribed by a doctor for narcotic or psychotropic drugs may use the drug.

4.3.The Government shall approve the list of narcotic drugs, psychotropic substances and entitled users of such substances for the purposes of analysis and research, as well as the procedures for their use.

Article 5.Facilitation of narcotic and psychotropic drugs

5.1.Narcotics and psychotropic drugs used for therapeutic purposes shall be prescribed in accordance with the national standards.

5.2.Health departments of provinces and the implementing agency of the capital city governor shall determine the number and location of the pharmacies that are authorized to serve narcotic drugs taking into account the population.

/This Article 5 was modified by the law as of May 26, 2011/

Article 6.Import of narcotic drugs and psychotropic substances and their raw materials

6.1.Organizations and enterprises holding licenses shall import the narcotic drugs and psychotropic substances and their raw materials through the border of Mongolia as specified by law.

6.2.The exporting and importing parties shall enter into an agreement before the import of narcotic drugs, psychotropic substances and their raw materials through the border of Mongolia.

6.3.Narcotic drugs, psychotropic substances and their raw materials shall be imported through the border of Mongolia based on the agreement concluded between the exporting and importing parties and the license.

/This paragraph was amended by the law as of May 26, 2011/

6.4.Narcotic drugs, psychotropic substances and their raw materials shall be imported through a border port specifically designated by the Government based on the license specified in Article 6.3 of this law.

6.5.Customs authority shall notify the state administrative authority in charge of pharmaceuticals within 7 days each time narcotic drugs, psychotropic substances, and their raw materials are imported through the border of Mongolia.

/This paragraph was modified by the law as of May 26, 2011/

/This paragraph was amended by the law as of November 12, 2021/

/This paragraph was amended by the law as of November 11, 2022/

6.6.The central authority of customs administration shall adopt and enforce the specific control procedures for the import of narcotic drugs, psychotropic substances and their raw materials through the border of Mongolia.

Article 7.Storage and disposal of narcotic drugs and psychotropic substances and their raw materials

7.1.Narcotic drugs, psychotropic substances and their raw materials shall be stored in storeroom and warehouses that meet the appropriate requirements, and containers and packaging shall be designed in a way to ensure the entirety.

7.2.Narcotic drugs, psychotropic substances, their raw materials and the equipment used for their preparation shall be disposed in the following cases:

7.2.1.If the illegal use was detected and it was confiscated during the monitoring activities of the competent authority, and if the quality requirements for further use are not met;

7.2.2.If it was used for treatment, analysis or research purposes or if it has expired or its quality has deteriorated during the time of being kept in reserve;

7.2.3.If the container or package is missing a label or title.

7.3.The Government shall approve the procedures for the storage and disposal of narcotic drugs, psychotropic substances, their raw materials, and equipment used for their preparation.

Article 8.Authorization for production and sales of narcotic drugs and psychotropic substances

8.1.Production, sales, use or consumption of narcotic drugs and psychotropic substances for purposes other than those specified in Articles 4.1 and 4.2 of this law is prohibited in the territory of Mongolia.

8.2.The state administrative authority in charge of pharmaceuticals shall issue a license for the manufacture of narcotic drugs and psychotropic substances and their raw materials, and license for the sales to the supply organizations of medicaments.

8.3.For the purposes specified in Article 4.1 of this law, a license for the use and import of chemical substances used to produce narcotics and psychotropic drugs shall be issued in accordance with sub-paragraph 1.14 of paragraph 1 of Article 8.1 of the Law on Permits.

/This paragraph was amended by the law as of June 17, 2022/

8.4.Organizations and enterprises applying for a license specified in Article 8.2 of this law shall have a warehouse that meets the requirements and special conditions for the storage of narcotic drugs and psychotropic substances, and the state administrative authority in charge of pharmaceuticals shall give an opinion about the warehouse.

/This paragraph was amended by the law as of June 17, 2022/

8.5.A license for the preparation, production and sale of narcotic drugs, psychotropic substances and their raw materials shall be granted for a period of three years.

8.6.Relations regarding the issuance, suspension or revocation of a license, other than those specified in this law, shall be regulated by the Law on Permit and the Law on Health, respectively.

/Article 8 above was modified by the law as of May 26, 2011/

/This paragraph was amended by the law as of June 17, 2022/

Article 9.Report on the use and consumption of narcotic drugs and psychotropic substances and their raw materials

9.1.Organizations and enterprises holding a license shall submit a report on preparation, production, import, use, consumption, and necessity of narcotic drugs, psychotropic substances, and their raw materials to the state central authority in charge of health, central police authority and the National committee specified in Article 14.6 of this law before November 15th of each year.

/This paragraph was modified by the law as of May 26, 2011/

/This paragraph was amended by the law as of November 11, 2022/

CHAPTER THREE

Prevention from the harmful consequences of narcotic drugs

and psychotropic substances

Article 10.General duty of prevention

10.1.The authority specified in Article 14 of this law has a general duty to protect the public health and gene pool and prevent from harmful consequences of narcotic drugs and psychotropic substances.

10.2.Organizations, enterprises and citizens operating in the territory of Mongolia shall provide all round support in preventing the harmful consequences of narcotic drugs and psychotropic substances.

Article 11.Promotion of prevention from the harmful consequences of narcotic drugs and psychotropic substances

11.1.State central and local administrative authorities as well as the health, press, culture, science, and educational institutions and non-government organizations with function of preventing from harmful consequences of narcotic drugs and psychotropic substances are obliged to conduct promotion.

11.2.The harmful consequences of narcotic drugs and psychotropic substances and prevention from it shall be specifically included in the content of curriculum of middle and high school.

11.3.In the customs declaration, the responsibilities regarding the illegal import of narcotic drugs and psychotropic substances through the country's borders shall be written in the Mongolian, Russian, Chinese and English languages.

11.4.The label of the container and package in which narcotic drugs, psychotropic substances and their raw materials are kept, shall include a specific warning about its harmful consequences.

11.5.Mass media, regardless of its ownership type, is obliged to distribute the advertising materials regarding the harmful consequences of narcotic drugs and psychotropic substances that are prepared and reviewed by the competent authorities.

Article 12.Treatment of narcotic addict

12.1.If a drug addict requests to undergo a treatment, he/she shall be treated on general procedure.

12.2.If a person who has been identified as a drug addict by the opinion of a medical institution, avoids treatment, shall be forced to undergo treatment by a court decision.

Article 13.Restrictions

13.1.For the purpose of prevention from harmful consequences of narcotic drugs, psychotropic substances and their raw materials, the following are prohibited:

13.1.1.Sending narcotic drugs, psychotropic substances and their raw materials by post;

13.1.2.Instructing procedures of preparation and use of narcotic drugs, psychotropic substances and their raw materials, distributing films, audio, DVD, books, booklets and printed images that promote the illegal circulation and use, and advertising them using mass media and computer networks;

/This sub-paragraph was amended by the law as of May 26, 2011/

13.1.3.providing narcotic and psychotropic drugs without a prescription or with an invalid prescription, as well as providing more than the prescribed amount and quantity;

/This sub-paragraph was amended by the law as of May 26, 2011/

13.1.4.providing narcotics and psychotropic drugs that are not listed for treatment;

/This sub- paragraph was modified by the law as of May 26, 2011/

13.1.5.An individual importing narcotic drugs, psychotropic substances and their raw materials through the border of Mongolia;

13.1.6.An individual using narcotic drugs, psychotropic substances, and their raw materials without the instructions and prescription of a doctor;

/This sub-paragraph was modified by the law as of May 26, 2011/

13.1.7.when importing narcotic drugs, psychotropic substances and their raw materials through the border of Mongolia, substitution of the substance stated in the agreement between the organization holding a license and the enterprise with other similar substance, or import in excess of allowed quantity and amount;

13.1.8.importing, exporting, producing, selling or storing narcotic drugs, psychotropic substances and their raw materials through and across the border of Mongolia without a license;

13.1.9.selling and providing narcotic drugs, psychotropic substances and their raw materials to a minor;

13.1.10.producing, selling, and storing narcotic drugs, psychotropic substances and their raw materials in the areas where the schools of general education, kindergartens, and other children related              institutions are located.

Article 14.Controlling the illegal circulation of narcotic drugs and psychotropic substances

14.1.The state administrative authority in charge of pharmaceuticals and implementation of inspection shall monitor the whether the registration, distribution, production, consumption, storage, sales, and use of narcotic drugs and psychotropic substances comply with the procedures specified by law, and shall take measures to stop the infringements.

/This paragraph was modified by the law as of May 26, 2011/

/This paragraph was amended by the law as of November 11, 2022/

/This paragraph was amended by the law as of November 11, 2022/

14.2.The state administrative organization in charge of environmental issues will supervise the extraction of raw materials for narcotic drugs and psychotropic substances.

/This paragraph was annulled by the Law as of May 26, 2011/

14.3.The state administrative authority in charge of environment shall monitor the extraction of raw materials for narcotic drugs and psychotropic substances, as well as the spread of plants.

/This paragraph was added by the law as of November 11, 2022/

14.4.Customs and border control authorities are responsible for stopping the illegal import of narcotic drugs, psychotropic substances and their raw materials through the border of Mongolia.

/The number of this paragraph was amended by the law as of November 11, 2022/

14.5.The police, intelligence, border control and other relevant authorities shall take measures to stop the illegal circulation of narcotic drugs, psychotropic substances and their raw materials, and to detect and prevent this type of infringements and crimes within the competence specified by law.

/The number of this paragraph was amended by the law as of November 11, 2022/

14.6.There shall be National Committee with full time staff that has functions of coordinating the preventive activities of the authorities specified in Article 14.1-Article 14.5 of this law, reducing the inappropriate use of narcotic drugs and psychotropic substances, monitoring the circulation, providing legal framework, and promoting international relations.

/This paragraph was modified by the law as of May 26, 2011/

/The number of this paragraph was amended by the law as of November 11, 2022/

/This paragraph was aтended by the law as of November 11, 2022/

14.7.The composition and working procedures of the National Committee stated in Article 14.6 of this law shall be approved by the Government.

/This paragraph was modified by the law as of May 26, 2011/

/The number of this paragraph was amended by the law as of November 11, 2022/

/This paragraph was amended by the law as of November 11, 2022/

Article 15.Support in the contest against the harmful consequences of narcotic drugs and psychotropic substances

15.1.Funds necessary for the prevention from illegal circulation of narcotic drugs, psychotropic substances and their raw materials and for the competent state authority who is responsible for its monitoring shall be financed from the state budget.

15.2.The government shall provide appropriate support and concessions for training animals and providing equipment for the monitor and laboratory analysis in order to stop, prevent and detect the illegal circulation of narcotic drugs, psychotropic substances and their raw materials.

CHAPTER FOUR

Miscellaneous provisions

Article 16.Responsibility for the breach of legislation

16.1.An official whose action has no characteristic of a crime shall be held liable under Law on Civil service.

16.2.Any person or legal entity who breaches this law shall be held liable under the Criminal Law or the Law on Violations.

/This Article was modified by the law as of December 4, 2015/

Article 17.Liquidation of legal persons

17.1.A legal entity that engages in financial or economic activities knowing that such income is gained from the illegal circulation of narcotic drugs, psychotropic substances and their raw materials, or it is a clearly ill-gotten gain, shall be liquidated by a court decision in accordance with the legislation of Mongolia.

/This Article was annulled by the Law as of December 4, 2015/

Article 18.Turning into the state revenue

18.1.If the type, quantity and amount of narcotic drugs, psychotropic substances and their raw materials imported through the border of Mongolia exceeds what is specified in the license issued by the competent state authority and the agreement between exporting and importing parties, shall be confiscated and be turned into state revenue in accordance with the procedures specified by law.

18.2.Income from the illegal circulation of narcotic drugs, psychotropic substances and their raw materials shall be confiscated and be turned into state revenue in accordance with the procedures prescribed by laws and regulations.

18.3.Equipment used for the preparation, processing, and production of narcotic drugs, psychotropic substances and the raw materials, that have been confiscated or detected, may be turned into state revenue upon the opinion of professional and other relevant authorities regarding the availability of their use, and be utilized on the request of authority stated in Article 8.2 of this law.

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA S.TUMUR-OCHIR