Compiled from The Paper
 
[2] On March 18, the highly publicized case of "Iron Horse Ice River," a family member of a child with epilepsy who purchased the controlled drug clobazam and was suspected of smuggling, trafficking, transporting, and manufacturing drugs, was heard at the Zhongmu County People's Court in Zhengzhou. The trial lasted four hours, and the court did not announce a verdict.
 
Case review
 
[3] Hu (online alias "Iron Horse Ice River") had a minor child with epilepsy who regularly took Sabril for treatment. During the process of purchasing medication for his daughter, Hu contacted individuals abroad who sold clobazam. Later, to seek profit, Hu illegally engaged in the procurement of clobazam and Sabril, buying them at low prices from abroad and selling them at a markup to families of epilepsy patients via WeChat groups.

 
 

[4] On July 4, 2021, police seized 105,000 milligrams of clobazam smuggled by Hu. Forensic analysis confirmed the presence of clobazam in the seized drugs. According to the "Conversion Table for Dependence of 100 Narcotic and Psychotropic Controlled Substances" issued by the National Narcotics Control Commission, 105,000 milligrams of clobazam is equivalent to 10.5 milligrams of heroin.
 
[5] On July 5, Hu was criminally detained by the Zhongmu County Public Security Bureau on suspicion of drug smuggling, and on August 11, he was formally arrested.
 
[6] On November 23, four mothers of children with epilepsy, including Li Fang, who had helped Hu receive parcels, received a "Decision Not to Prosecute" from the Zhongmu County Procuratorate, which determined they had committed a crime but with "minor circumstances" and thus declined to prosecute. "Iron Horse Ice River" became the only defendant prosecuted in this case.

 
 

"Criminal Law of the People's Republic of China"
 
Article 347
Smuggling, trafficking, transporting, and manufacturing drugs, regardless of the quantity, shall be subject to criminal liability and criminal punishment. Those who smuggle, traffic, transport, or manufacture drugs under any of the following circumstances shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment, or death, and shall also have their property confiscated:
(1) Smuggling, trafficking, transporting, or manufacturing opium of 1,000 grams or more, heroin or methamphetamine of 50 grams or more, or other drugs in large quantities;
(2) Being a principal offender in a drug smuggling, trafficking, transporting, or manufacturing syndicate;
(3) Armed escorting of drug smuggling, trafficking, transporting, or manufacturing activities;
(4) Violently resisting inspection, detention, or arrest under serious circumstances;
(5) Participating in organized international drug trafficking activities.
 Smuggling, trafficking, transporting, and manufacturing opium of 200 grams or more but less than 1 kilogram, heroin or methamphetamine of 10 grams or more but less than 50 grams, or other drugs in relatively large quantities, shall be punished by fixed-term imprisonment of not less than seven years and a fine. Smuggling, trafficking, transporting, and manufacturing opium of less than 200 grams, heroin or methamphetamine of less than 10 grams, or other drugs in small quantities, shall be punished by fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and a fine; if the circumstances are serious, the punishment shall be fixed-term imprisonment of not less than three years but not more than seven years, and a fine.

 
 

[1] The author's perspective
 
This case can be described as a real-life version of the movie "Dying to Survive," with the key issue being whether the drug involved, clobazam, is classified as a medication or a narcotic under Chinese law.
 
First, regarding the classification of clobazam. Clobazam is a Category II psychotropic substance under national control in China, and its private sale is not permitted in the domestic pharmaceutical market.
 
Second, regarding the classification of Hu's sale of clobazam. According to the Supreme People's Court's "Criminal Trial Reference" Case No. 1057, which addresses the issue of "how to characterize the illegal production and sale of the nationally controlled Category II psychotropic substance tramadol hydrochloride," the case holds that for the illegal production and sale of nationally controlled narcotic and psychotropic substances to be convicted as manufacturing or purchasing drugs, the following conditions must be simultaneously met: the defendant knew that what they were manufacturing or selling was a psychotropic substance, and the purpose of manufacturing or selling was to use it as a substitute for drugs, not as a medication for medical purposes; the destination of the psychotropic substance was clear, meaning it flowed into the drug market or to drug-using groups; and they obtained huge profits far exceeding those from normal pharmaceutical operations. "Obviously, Hu in this case fails to meet three points: first, he sold the medication to treat epilepsy patients, not as a substitute for drugs. Second, the medication flowed to epilepsy patients, not to drug-using groups. Third, Hu did not obtain huge profits from this. Therefore, Hu lacked the subjective intent to traffic drugs, and objectively, no harmful consequences of drug trafficking occurred. Moreover, the clobazam in this case should not be classified as a 'narcotic drug.'"
 
Finally, in fact, the movie "Dying to Survive" from a few years ago already brought such heartbreaking situations before our eyes. On one side, there are legal provisions; on the other, the calls of patients. Standing between the rule of law and morality can indeed make it difficult to choose. But such matters cannot be changed by the efforts of a single person; they can only be improved through national legislation and medical advancements. After all, those patients and their families are merely yearning for a continuation of life, and their intention is not to break the law or harm society. So, can society and the state give them some hope for survival? Regardless, since such a group of patients exists, we cannot stand by and let them die; since such a helpless situation exists, we cannot turn a blind eye.