Compiled from: Supreme People's Court
 
When we mention "drugs," we all try to avoid them, but with the development of the times, various new-type drugs, after being disguised, are highly concealed and tempting, lurking around us quietly, making them hard to guard against. A few years ago, the "Kava" beverage, which was popular in Shenzhen, was also found to contain new-type drug ingredients...

 
 

 
Case review
In July 2013, the defendant Wang Fei registered and established Luqiba Company and served as its legal representative. Starting in 2016, Wang Fei repeatedly purchased γ-butyrolactone in the name of Luqiba Company, mixing γ-butyrolactone with flavoring and naming it "Flavoring CD123." In May 2016, Wang Fei, while concealing that "Flavoring CD123" contained γ-butyrolactone, commissioned Guangdong Kangjiade Food Industry Co., Ltd. to affix "Fruit Flavoring CD123" labels to "Flavoring CD123," and commissioned Yuhao Food and Beverage Co., Ltd. to add water and other auxiliary materials to "Fruit Flavoring CD123" according to the formula and technical standards he provided, producing "Kava Jiu" beverages. Wang Fei then sold the "Kava Jiu" beverages to the general distributor Sichuan Wandao Liquor Co., Ltd., which distributed them to entertainment venues in Shenzhen, Guiyang, Guangzhou, and other places, with various levels of distributors also selling on their own. By August 2017, Wang Fei had purchased a total of 3,575 kilograms of γ-butyrolactone, Yuhao Food and Beverage Co., Ltd. had received a total of 1,853 kilograms of "Fruit Flavoring CD123," and Wang Fei had sold a total of 52,355 cases of "Kava Jiu" beverages (24 bottles per case, 275ml per bottle), with sales revenue amounting to 11,587,040 yuan.
 
On September 9, 2017, public security personnel arrested the defendant Wang Fei and seized a total of 723 cases and 25 bottles of "Kava Jiu" beverages from his home and the warehouse rented by Luqiba Company. Additionally, 18,505 cases of "Kava Jiu" beverages were recalled from various locations. Upon inspection, γ-hydroxybutyric acid components ranging from 80.3 ug/ml to 44,000 ug/ml were detected in the "Fruit Flavoring CD123" provided by Yuhao Food and Beverage Co., Ltd., as well as in the "Kava Jiu" beverages seized from Wang Fei's home and warehouse and those recalled.
 
 
Court judgment
The court held that the defendant Wang Fei manufactured the drug γ-hydroxybutyric acid and sold it, constituting the crime of trafficking and manufacturing drugs. Wang Fei, knowing that using γ-butyrolactone as a raw material would produce the drug γ-hydroxybutyric acid, purchased and used γ-butyrolactone to prepare a mixed raw material, commissioned others to process it into beverages containing γ-hydroxybutyric acid using his specified process and proportions, and sold them externally. The quantity of drugs trafficked and manufactured was large, causing significant social harm. Accordingly, the defendant Wang Fei was legally sentenced to fixed-term imprisonment of 15 years and confiscation of personal property amounting to 4,270,000 yuan.
 
The above judgment took legal effect on September 28, 2020.

 

 
[1] The author's perspective
The drug problem has always existed. Since the Opium Wars in modern times, we have seen many painful lessons because drugs cause people to lose their nature, even leading to national humiliation and loss of sovereignty. In recent years, new-type drug crimes have been on the rise, interwoven with traditional drug crimes. Drug traffickers, driven by greed, package drugs in various ways to sell them. New-type drugs come in different forms, often disguised with highly covert and deceptive appearances. On the market, there are not only "drug drinks" but also "stamps" soaked with the new-type drug LSD; ketamine packaged as milk tea bags; and even drugs disguised as snacks like chocolate and jelly. Therefore, they are easily spread among teenagers.
 
This case is a typical example of manufacturing and selling new-type drugs. The defendant, Wang Fei, mass-produced beverages containing gamma-hydroxybutyric acid, a state-controlled psychotropic substance, and sold them in large quantities to entertainment venues across the country, causing significant social harm. Based on the facts, nature, circumstances, and the degree of social harm of Wang Fei's crimes, the People's Court lawfully confiscated Wang Fei's personal property worth 4.27 million yuan, destroying the economic foundation of drug crimes and fully leveraging the deterrent effect of property penalties.