Relapsing During Drug Rehabilitation: Administrative Sanctions vs. Criminal Liability Under Article 256a

Luật sư: Nguyễn Bá Tùng

Cập nhật: 16:05, Chủ Nhật 06/09/2026

A comprehensive legal analysis of administrative penalties under Decree 282/2025/ND-CP and the 04 statutory circumstances triggering criminal prosecution under Article 256a of the Criminal Code for drug relapse during rehabilitation or post-rehab management.

Drug rehabilitation is by no means an easy journey. Many individuals have struggled tirelessly to overcome addiction with the steadfast companionship of their families and the support of rehabilitation facilities, only to succumb to temptation and relapse.

When that occurs, aside from the risk of renewed chemical dependency and adverse health consequences, many are confronted with an urgent concern: "Will relapsing into drug use while undergoing rehabilitation lead to imprisonment?" Who will face criminal prosecution, who will only be subject to administrative penalties, and what practical steps should families take when a loved one relapses? Let us examine the legal realities through the detailed analysis below.

1. Governing Legal Regulations on Illicit Drug Use

1.1. What Constitutes Illicit Drug Use?

An illicit drug user is defined as an individual who uses narcotic substances without authorization from competent authorities or persons, and tests positive for narcotics in their body (Clause 9, Article 2 of the 2025 Law on Drug Prevention and Control, effective July 1, 2026).

Example: Individual A uses narcotics (Ketamine) for the first time at his private residence. Competent authorities inspect and test him, yielding a positive result. Because the consumption is not legally authorized, Individual A’s conduct constitutes illicit drug use. However, whether Individual A faces criminal prosecution or merely administrative sanctions depends on whether he falls under statutory rehabilitation or post-rehabilitation supervision mandates governed by the Criminal Code.

1.2. Voluntary and Compulsory Rehabilitation

Drug rehabilitation encompasses medical, psychological, and social support interventions designed to help persons with addiction cease the use of narcotics, addictive pharmaceuticals, and psychotropic substances; achieve physical and mental recovery; raise self-awareness; and modify behavior to permanently eliminate illicit substance use (Clause 9, Article 2 of the 2025 Law on Drug Prevention and Control).

There are two primary forms of drug rehabilitation:

Notably, starting July 1, 2026, individuals undergoing rehabilitation within families or communities, those receiving opioid substitution therapy, or those under post-rehabilitation management may be required to wear electronic monitoring devices (Article 16 of Decree No. 163/2026/ND-CP).

1.3. Statutory Penalties

a) Administrative Penalties

Prevailing law does not universalize the criminalization of illicit drug use. Pursuant to Article 30 of Decree No. 282/2025/ND-CP, individuals using narcotics illicitly who do not fall under circumstances warranting criminal prosecution under Article 256a of the Criminal Code shall receive an administrative warning or a fine ranging from VND 1,000,000 to VND 2,000,000, alongside appropriate community management and rehabilitation measures.

Case in point: On May 15, 2026, the Hai Phong City Police initiated formal prosecution against several suspects for "Organizing illicit drug use" and "Illegal possession of narcotics." In connection with this investigation, the investigative authority initially determined that "sufficient grounds for criminal prosecution were lacking" regarding Le Anh N (singer ML). Because ML’s initial conduct comprised solely illicit drug use and was a first-time offense, Point a, Clause 1, Article 30 of Decree No. 282/2025/ND-CP applied, warranting administrative fines. In addition to administrative sanctions, depending on the case, compulsory rehabilitation may also be applied pursuant to statutory guidelines.

b) Criminal Prosecution

Effective July 1, 2025, Law No. 86/2025/QH15 supplemented Article 256a into the 2015 Criminal Code (as amended and supplemented in 2017), stipulating that individuals who commit illicit drug use may be sentenced to imprisonment from 02 to 03 years if they fall into one of four specific circumstances analyzed in Section 2 of this article. In cases of criminal recidivism under this offense, the sentencing range escalates to 03 to 05 years of imprisonment.

Furthermore, a clear legal boundary must be drawn between the Offense of illicit drug use and other narcotics-related crimes. Article 256a strictly punishes the act of personal substance consumption itself; acts of possessing, transporting, trading, or organizing illicit drug use for others constitute separate, independent offenses under the Criminal Code.

Returning to the illustrative case above: following subsequent investigative expansion and evidence consolidation, on May 16, 2026, the Police Investigation Agency of Hai Phong City issued a formal decision to prosecute the accused and applied temporary detention measures against Le Anh N (ML) for the act of "Organizing illicit drug use" under Article 255 of the Criminal Code.

2. Does Drug Relapse During Rehabilitation Trigger Criminal Prosecution?

The definitive answer is yes. To establish criminal liability for the Offense of illicit drug use, authorities must ascertain whether the user falls under one of the statutory circumstances prescribed by Article 256a of the Criminal Code, specifically:

This is clearly illustrated by the following judicial precedent: Nguyen Tan P had been documented as a person with addiction since 2018. On February 3, 2025, the Chairman of the People's Committee of Commune A, Dong Nai Province issued Decision No. 33/QD-UBND placing him under voluntary rehabilitation at home and in the community, with a supervision term spanning February 3, 2025 to February 3, 2026. However, on August 2, 2025, P relapsed into using Methamphetamine at Hamlet E, Commune A, Dong Nai Province, and was apprehended by police authorities following positive urinalysis forensic results. Subsequently, the Court sentenced the defendant to 02 years and 06 months of imprisonment for the Offense of illicit drug use under Point a, Clause 1, Article 256a of the 2015 Criminal Code (amended and supplemented in 2025), with the prison term computed from August 2, 2025.

3. Legal Recommendations for Readers and Families with Relatives Under Rehabilitation

3.1. For Individuals Undergoing or Having Completed Rehabilitation

3.2. For Families with Relatives Using or Addicted to Narcotics

3.3. For the General Community

Narcotics represent an acute hazard to individuals, households, and society at large. For individuals actively undergoing rehabilitation, relapsing not only invites chronic dependency risks but directly establishes exposure to criminal liability.

Equipping oneself with precise legal knowledge, diligently adhering to designated medical regimens, and actively seeking timely institutional guidance provide the surest pathway to lasting recovery. For families, timely reassurance and proactive legal mindfulness remain the most constructive forces helping loved ones overcome substance abuse and return safely to civic life.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. Does relapsing into drug use while in rehabilitation result in prison time?

It may. If the user relapses within their designated rehabilitation period or falls under any of the circumstances specified in Article 256a of the Criminal Code, they may face imprisonment ranging from 02 to 03 years.

2. Does a positive drug test automatically lead to imprisonment?

No. A positive drug test does not automatically establish criminal liability. Law enforcement must determine whether the individual falls under one of the 04 statutory circumstances defined by Article 256a of the Criminal Code.

3. Does a first-time illicit drug user face criminal prosecution?

Generally, if the user does not fall under the statutory conditions of Article 256a, first-time illicit drug use is addressed via administrative sanctions alongside mandatory administrative supervision or rehabilitation measures pursuant to law.

4. How can families recognize if a relative is using narcotics?

Notable indicators include chronic insomnia, pronounced lethargy, heightened irritability, frequent yawning, sluggish physical responses, sudden behavioral shifts, irregular routines, or suspicious associations. Families should observe these patterns attentively for further objective verification.

5. What immediate steps should a family take upon discovering a relative has relapsed?

The family should remain calm, offer supportive guidance, and proactively coordinate with the appropriate rehabilitation centers, specialized healthcare facilities, or competent local authorities pursuant to statutory procedures.

If you or your relatives are encountering legal challenges involving illicit drug use, rehabilitation compliance, or relapse liabilities and require swift legal consultation, please reach out via our official contact channels below.