Amphetamine Laws in Taiwan: Possession, Use, Rehabilitation, and Trafficking Penalties
Many people begin looking for legal information only after receiving a police notice, being required to provide a urine sample, being served with a search warrant, or learning that a family member has been taken to a police station in connection with an amphetamine investigation. Common questions include:
“How is amphetamine classified under Taiwan’s drug laws?”
“What is the penalty for possessing amphetamine?”
“What happens if I possess 20 grams?” “Will a first-time offender be required to undergo rehabilitation?”
“What should I do if I am accused of selling amphetamine?”
The legal consequences cannot be determined solely by the quantity seized or by statements such as:
“It was only for personal use” or “I never sold it.”
The substance identified, laboratory results, pure net weight, purpose of possession, communications, financial transactions, packaging, payments or other benefits, previous treatment history, and legality of investigative procedures can all affect the charges and outcome.
※ This article, prepared by a Legal Consultant, explains how Taiwan regulates amphetamine, the 20-gram possession threshold, observation and rehabilitation, deferred prosecution with addiction treatment, the distinction between drug transfer and sale, and the procedures involved in amphetamine cases.
It provides general legal information. Each case must be assessed against the evidence, laboratory reports, procedural history, and individual circumstances.
1. Are Amphetamine and Methamphetamine Category 2 Narcotics in Taiwan?
Under Taiwan’s Narcotics Hazard Prevention Act, amphetamine is classified as a Category 2 narcotic. Methamphetamine, often called “ice” or “crystal meth,” is also classified as a Category 2 narcotic.
Whether seized powder, crystals, tablets, or liquids contain a controlled substance must be established through lawfully obtained laboratory results and other evidence. Appearance, street names, and assumptions made at the scene are not sufficient on their own.
Article 2 defines narcotics as narcotic drugs and psychotropic substances, including their preparations, that have addictive or abuse potential and pose a risk to society.
⚠️These substances are divided into four categories according to their addictive potential, potential for abuse, and social harm:
■ Category 1: Heroin, morphine, opium, cocaine, and related preparations.
■ Category 2: Poppy, coca, marijuana, amphetamine, pethidine, pentazocine, and related preparations.
■ Category 3: Secobarbital, amobarbital, nalorphine, and related preparations.
■ Category 4: Allobarbital, alprazolam, and related preparations.
➡︎ The classifications and schedules are periodically reviewed by a committee established by the Ministry of Justice and the Ministry of Health and Welfare. Changes are announced by the Executive Yuan and submitted to the Legislative Yuan for reference.
➡︎ Narcotic drugs and psychotropic substances used for medical or scientific purposes are governed by separate legislation.
Category 2 drug offenses can carry criminal liability. Possession, use, transfer, possession with intent to sell, sale, transportation, and manufacture fall under different provisions and can result in substantially different penalties.
2. Amphetamine Penalties: Possession, Use, Transfer, and Sale
The same package of amphetamine may lead to different charges depending on how it was acquired, held, used, or delivered.
Keeping it may constitute possession of a Category 2 narcotic. Consuming it may constitute the separate offense of drug use. Giving it to another person without payment may constitute unlawful transfer. A transaction involving money or other consideration may be investigated as a sale, while holding it for future sale may constitute possession with intent to sell.
The applicable offense depends on the evidence, not simply on the label a person gives their conduct. Investigators may examine pure net weight, packaging, scales, resealable bags, messages, call records, bank transfers, cash payments, statements from alleged buyers, surveillance footage, and explanations of how the substance was obtained or delivered.
3. Possession of Amphetamine: The 20-Gram Pure Net Weight Threshold
Article 11 provides the following penalties for possession:
■ Category 1 narcotics: Up to three years’ imprisonment, short-term imprisonment, or a fine of up to NT$300,000.
■ Category 2 narcotics: Up to two years’ imprisonment, short-term imprisonment, or a fine of up to NT$200,000.
■ Category 1 narcotics with a pure net weight of at least 10 grams: One to seven years’ imprisonment, with a possible additional fine of up to NT$1 million.
■ Category 2 narcotics with a pure net weight of at least 20 grams: Six months to five years’ imprisonment, with a possible additional fine of up to NT$700,000.
■ Category 3 narcotics with a pure net weight of at least 5 grams: Up to two years’ imprisonment, with a possible additional fine of up to NT$200,000.
■ Category 4 narcotics with a pure net weight of at least 5 grams: Up to one year’s imprisonment, with a possible additional fine of up to NT$100,000.
■ Equipment intended exclusively for manufacturing or using Category 1 or Category 2 narcotics: Up to one year’s imprisonment, short-term imprisonment, or a fine of up to NT$100,000.
The 20-gram threshold is frequently misunderstood. It refers to the pure net weight of the Category 2 narcotic—not the weight of the packaging, container, impurities, or entire mixture.
Laboratory testing may therefore be needed to determine both the substance’s net weight and the concentration of the controlled drug.
For example, a substance weighing 30 grams with a tested drug concentration of 50% may have a pure net weight of 15 grams.
📢The number of packages or a preliminary weight recorded by police does not independently establish whether the threshold has been reached. The formal laboratory report is particularly important.
Possession of a Category 2 narcotic with a pure net weight of at least 20 grams carries a statutory penalty of six months to five years’ imprisonment, with a possible additional fine. The sentence imposed in an individual case still depends on the circumstances and applicable sentencing considerations.
4. Amphetamine Use: Criminal Liability and Addiction Treatment
Article 10 provides:
■ Use of a Category 1 narcotic: Six months to five years’ imprisonment.
■ Use of a Category 2 narcotic: Up to three years’ imprisonment.
Although amphetamine use is a criminal offense, Taiwan also provides treatment-oriented procedures, including observation and rehabilitation, compulsory treatment, and deferred prosecution with addiction treatment.
These procedures address addiction and the prevention of repeated drug use alongside criminal responsibility.
It is incorrect to assume that every first-time offender must undergo observation and rehabilitation, or that a second drug-use incident automatically results in prosecution.
The applicable procedure depends on previous observation or compulsory treatment, the relevant dates, prosecutorial decisions, medical assessments, the evidence, and statutory requirements.
Completing addiction treatment as a condition of deferred prosecution is not legally the same as completing observation and rehabilitation or compulsory treatment.
Applying the statutory three-year period may require a review of previous case records and the person’s complete procedural history.
👨🏻⚖️Article 24 allows prosecutors, where the legal requirements are met, to issue conditional deferred prosecution under the Code of Criminal Procedure instead of following the observation and rehabilitation or compulsory treatment procedures otherwise prescribed by law.
If deferred prosecution is revoked, the prosecutor must continue the investigation or initiate prosecution.
Before imposing addiction treatment under the relevant provision of the Code of Criminal Procedure, the prosecutor must obtain an opinion from a medical institution. Other relevant agencies or institutions may also be consulted where necessary.
➠Treatment programs, eligibility criteria, implementation procedures, and completion standards are governed by regulations prescribed by the Executive Yuan.
Being willing to receive treatment does not automatically qualify someone for deferred prosecution. Medical assessment and compliance with the statutory procedure remain necessary.
Anyone granted deferred prosecution must comply with the required treatment, testing, reporting, urine sampling, and other conditions. Failure to comply may lead to revocation and further investigation or prosecution.
5. Giving Amphetamine to Others Without Payment
Some people assume that sharing amphetamine is not a serious offense if no money changes hands. However, giving a Category 2 narcotic to someone without payment may still constitute unlawful transfer.
Article 8 provides the following penalties:
■ Transfer of a Category 1 narcotic: One to seven years’ imprisonment, with a possible additional fine of up to NT$1 million.
■ Transfer of a Category 2 narcotic: Six months to five years’ imprisonment, with a possible additional fine of up to NT$700,000.
■ Transfer of a Category 3 narcotic: Up to three years’ imprisonment, with a possible additional fine of up to NT$300,000.
■ Transfer of a Category 4 narcotic: Up to one year’s imprisonment, with a possible additional fine of up to NT$100,000.
Attempts are punishable. Where the quantity transferred reaches the prescribed threshold, the penalty may be increased by up to one-half.
➠Whether an incident involves unlawful transfer, joint use, a purchase on someone else’s behalf, temporary custody, or a sale involving consideration must be determined from the actual circumstances and evidence.
The absence of a cash payment does not, by itself, eliminate criminal liability.
6. Possession with Intent to Sell and Drug Trafficking
If investigators believe that amphetamine was held for sale rather than personal use, the allegation may involve possession of a Category 2 narcotic with intent to sell.
Article 5 provides:
■ Possession of a Category 1 narcotic with intent to sell: Life imprisonment or imprisonment for at least 10 years, with a possible additional fine of up to NT$7 million.
■ Possession of a Category 2 narcotic with intent to sell: Imprisonment for at least five years, with a possible additional fine of up to NT$5 million.
■ Possession of a Category 3 narcotic with intent to sell: Three to ten years’ imprisonment, with a possible additional fine of up to NT$3 million.
■ Possession of a Category 4 narcotic, or equipment intended exclusively for manufacturing or using narcotics, with intent to sell: One to seven years’ imprisonment, with a possible additional fine of up to NT$1 million.
Manufacturing, transporting, or selling narcotics carries substantially heavier statutory penalties.
Article 4 provides:
■ Manufacturing, transporting, or selling a Category 1 narcotic: Death or life imprisonment. A sentence of life imprisonment may include a fine of up to NT$30 million.
■ Manufacturing, transporting, or selling a Category 2 narcotic: Life imprisonment or imprisonment for at least 10 years, with a possible additional fine of up to NT$15 million.
■ Manufacturing, transporting, or selling a Category 3 narcotic: Imprisonment for at least seven years, with a possible additional fine of up to NT$10 million.
■ Manufacturing, transporting, or selling a Category 4 narcotic: Five to twelve years’ imprisonment, with a possible additional fine of up to NT$5 million.
■ Manufacturing, transporting, or selling equipment intended exclusively for manufacturing or using narcotics: One to seven years’ imprisonment, with a possible additional fine of up to NT$1.5 million.
Attempts are punishable.
A suspected drug sale does not need to involve a face-to-face cash exchange. Consideration may take the form of bank transfers, repayment of debt, purchasing fees, cryptocurrency, property exchanges, or other benefits.
➠However, the prosecution must establish the relevant intent and transaction through evidence. Quantity, packaging, scales, messages, and financial records may be relevant, but their significance must be assessed in the context of the complete case.
7. Key Defense Issues in Amphetamine Trafficking Cases
Selling a Category 2 narcotic carries a statutory minimum sentence of 10 years’ imprisonment. The distinction between sale, possession with intent to sell, transfer, and simple possession is therefore particularly important.
Issues requiring examination may include whether there was an actual buyer, whether consideration was exchanged, what the messages referred to, and whether the seized substance can be connected to a particular transaction.
The defense may also need to examine whether financial transfers were drug-related, whether statements from witnesses or co-defendants have independent support, and whether the police obtained evidence lawfully.
Some cases rely on ambiguous conversations, unexplained payments, or allegations made primarily by a co-defendant. Others involve mutually supporting surveillance, communications, delivery records, laboratory findings, and financial evidence.
💡These differences can affect whether the evidence establishes a completed sale, attempted sale, possession with intent to sell, or another offense.
A defense should be based on an accurate account of the transaction background, communications, source of funds, acquisition of the substance, and each participant’s role. Fabricated explanations can undermine that assessment.
➠Where the case involves joint purchases, purchases for another person, intermediaries, or alleged accomplices, the evidence must still establish the relevant intent, consideration, and division of responsibilities.
8. Sentence Reduction for Disclosing Drug Sources or Confessing
People facing drug charges often ask whether confessing automatically reduces their sentence or whether identifying a supplier guarantees sentencing relief.
Neither outcome is automatic.
Article 17 provides three forms of potential sentencing relief:
A person who commits an offense under Articles 4–8, 10, or 11 and discloses the source of the narcotics, thereby leading to the apprehension of another principal offender or accomplice, shall receive a reduced sentence or exemption from punishment.
A person who commits an offense under Articles 4–8 and confesses during the investigation and at every stage of trial shall receive a reduced sentence.
A person who commits the transportation offense under Article 4 for personal use, where the circumstances are minor, may receive a reduced sentence.
➡︎ The first provision requires more than naming a supplier. The disclosure must lead to the apprehension of another principal offender or accomplice.
Information that is too vague, produces no relevant result, or lacks the necessary causal connection with the apprehension may not meet the legal requirements.
➡︎ The second provision applies to offenses under Articles 4–8, including manufacture, transportation, sale, possession with intent to sell, and transfer.
It requires a confession during the investigation and at every stage of trial. It does not apply to every drug offense simply because the person admits their conduct. Simple possession and drug use are not covered by the confession-based reduction under Article 17, Paragraph 2.
Decisions about whether and what to admit should therefore follow a careful review of the evidence and legal issues.
9. What Should You Do If Arrested for Amphetamine Use?
An amphetamine-use investigation may involve police questioning, examination by a prosecutor, urine testing, an application for observation and rehabilitation, medical assessment, or consideration of deferred prosecution with addiction treatment.
The first step is to identify the actual procedural stage and allegations rather than rely on assurances that a particular result is guaranteed.
🔎Check how urine samples were collected, handled, submitted, and tested, and review the relevant laboratory reports. Give truthful information, but do not present guesses or uncertain memories as established facts.
Preserve lawfully held materials that may help explain what happened. Do not delete messages, destroy evidence, or coordinate accounts with other people.
If you wish to receive treatment, understand that deferred prosecution with addiction treatment requires a formal legal process and compliance with specified conditions. Expressing willingness to undergo treatment does not guarantee approval.
If the investigation also concerns possession, transfer, transportation, or sale—particularly where there are substantial quantities, packaging materials, financial transactions, seized phones, or alleged accomplices—a lawyer should review the laboratory findings, communications, financial records, search and seizure procedures, and statements as early as practicable.
10. How Can an Amphetamine Drug Crime Lawyer Help?
Amphetamine cases often depend on the identity and weight of the substance, the purpose of possession, whether consideration was involved, previous treatment records, and the legality of investigative procedures.
A lawyer examines these issues against the evidence and applicable law rather than promises a particular outcome.
In drug-use cases, legal assistance may include explaining observation and rehabilitation, compulsory treatment, and deferred prosecution with addiction treatment. Reviewing previous treatment records can also help identify the available procedural options.
In possession cases, the review may focus on the substance identified, net weight, pure net weight, laboratory methods, seizure procedures, and the evidence linking the person to possession.
➠Where sale or possession with intent to sell is alleged, relevant materials may include communications, financial transactions, statements from alleged buyers, surveillance footage, seized substances, and supporting records.
Each participant’s knowledge and actual role must be assessed separately.
A Legal Consultant can assist with understanding narcotics-related criminal matters, including drug use, possession, sale, transportation, manufacture, drug-impaired driving, and related money laundering or organized crime allegations.
➠Whether the case involves police questioning, prosecutorial investigation, search and seizure, observation and rehabilitation, addiction treatment assessment, or court proceedings, early legal review can help protect procedural rights and support a response suited to the individual case.
🚨Identify the Charges and Evidence Before Deciding How to Respond
Amphetamine is a Category 2 narcotic in Taiwan, but the legal consequences vary substantially according to the conduct involved.
Simple possession differs from possession involving a pure net weight of at least 20 grams. Drug-use cases may involve observation and rehabilitation, compulsory treatment, or deferred prosecution with addiction treatment. Giving drugs to another person without payment may constitute unlawful transfer, while a transaction involving consideration or an intention to sell may lead to much more serious charges.
If you, a family member, or a friend has received a summons, been called for questioning, undergone a search, been required to provide a urine sample, or already been indicted, the case should not be assessed solely through labels such as “first-time offender,” “small quantity,” or “personal use.”
Laboratory findings, financial transactions, communications, procedural legality, previous treatment records, and the complete circumstances must all be considered.
💡 A Legal Consultant recommends seeking advice from a lawyer familiar with narcotics cases at an early stage, so that each allegation, item of evidence, and procedural issue can be examined carefully.
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