fentanyl

After a decade,mk the retrial of Zhang Zhengbo, dubbed as China's "Breaking Bad," in Wuhan has resulted in a revised verdict. In December 2024, the Hubei High People's Court issued a retrial judgment, sentencing Zhang to 15 years in prison for the crimes of smuggling, trafficking, transporting, and manufacturing drugs. 

This case has spanned 10 years, undergone five trials, and experienced two revisions of the verdict. The latest retrial judgment reflects a dual change in both the charges and the sentence, underscoring China's consistent stance and position on drug prohibition.

Zhang, a former associate professor and doctoral tutor at a Chinese university, was arrested on June 17, 2015, for developing, producing and selling new psychoactive substances. 

In 2005, Zhang and several others established a company named Wuhan Kaimen Chemical Co, Ltd. According to the judgment, the company's products involved include 3,4-methylenedioxy methcathinone and 2,5-dimethoxy-4-iodoamphetamine, which were sold overseas. In 2014, these products were classified as a controlled substance by China. After 2014, Zhang's accomplices Yang Zhaohui and others continued to produce the aforementioned products and smuggled and sold them overseas.

In June 2015, the Wuhan and Hubei authorities cracked a drug trafficking case involving Zhang and others, which was supervised by the Ministry of Public Security. 

In April 2017, the Wuhan Intermediate People's Court sentenced the four defendants under the crimes of smuggling, trafficking, transporting and manufacturing drugs, with Zhang receiving a life sentence. 

In May 2018, the Hubei High People's Court ordered a retrial. In June 2019, during the retrial, the Wuhan Intermediate People's Court reduced the sentences for all four defendants, with Zhang being sentenced to 15 years in prison.

In May 2023, the Hubei High People's Court made a second ruling, changed the conviction of Zhang for illegal business operations and sentenced him to 11 years in prison, further reducing his sentence. 

This substantial reversal of the trial result attracted widespread media attention. Some media outlets reported with headlines like "Wuhan 'Breaking Bad.' Case Final Ruling 'Detoxified.'

The Hubei High People's Court's judgment stated that the products involved in the case are a type of controlled psychoactive substance, possessing dual attributes. The evidence in the case could not prove that these psychoactive substances had entered the drug market, and all the defendants were not found guilty of drug smuggling, trafficking, transportation or manufacturing.

In December 2024, the Hubei High People's Court issued a retrial judgment, changing Zhang's conviction to the crimes of smuggling, trafficking, transporting, and manufacturing drugs, and modifying his sentence to 15 years in prison, achieving a "double modification" of both the charge and the sentence.

Hu Yaoxian, a senior prosecutor at China's Supreme People's Procuratorate, told the Global Times that the case, after multiple hearings, reflects the principles of rigor and caution in the judiciary. "Judicial proceedings are a process of reconstructing past case facts using evidence. Matters such as the acceptance of evidence, fact determination and legal application need to reach consensus through litigation procedures, reflecting objectivity and fairness, and achieving a unity of political, legal, and social effects in judicial handling."

The second ruling confused the concepts of drugs and pharmaceuticals, conflating the violation of drug management order with the disruption of market order, the Global Times learned.

The chemical products that Zhang and others manufactured and sold are classified as controlled narcotic drugs in China. These types of drugs are known as new psychoactive substances, and substances like fentanyl fall into this category.

In China, the term "drugs" is defined by law as "narcotic drugs and psychotropic substances that are regulated by the state and have the potential to lead to addiction." However, "narcotic drugs" and "psychotropic substances" are legal terms used to collectively refer to these regulated substances, rather than classifications of medications, Hu said, noting that many of these substances do not possess the fundamental legal characteristics of medications.

Controlled narcotics must navigate channels regulated by national laws, and their illegal use constitutes drug abuse. Hu noted that, from a broad perspective, one could argue that all psychoactive substances possess a certain "medicinal value" that influences psychological processes such as thinking, emotions, will and behavior. 

However, this understanding lacks legal and regulatory significance, often leading to confusion and serving as a potential excuse for sophistry or evasion of legal responsibility. The evidence cited in the second-instance judgment of Zhang's case, which stated that "the evidence on file cannot prove that the overseas buyer purchased the psychoactive drugs for medical purposes or that they entered the drug market," exemplifies these confounding factors.

In addition, the new psychoactive substances often evade regulation by cleverly altering the chemical structures of controlled drugs. This manipulation allows them to maintain, and in some cases even amplify, their addictive properties. According to Hu, the dangers posed by these "new" psychoactive substances can be staggering - potentially dozens, hundreds, or even thousands of times more harmful than traditional drugs.

Hu emphasizes that the absence of legal classification for these substances does not equate to a lack of harm. Instead, it underscores a significant lag in regulatory frameworks that struggle to keep pace with the rapid evolution of drug chemistry. 

The re-trial of Zhang's case is a case in point. The defendants were found to be producing new psychoactive substances with the intent to sidestep legal repercussions and maximize profits. Even after the authorities moved to regulate these products, the defendants persisted in their manufacture and sale, ultimately facing legal consequences.

This situation raises critical questions about accountability and awareness. The defendant's actions suggest a clear understanding of the addictive and toxic nature of these substances, even before they were officially classified as drugs. A real challenge lies not just in regulation, but in addressing the underlying motivations that drive individuals to exploit these legal gaps for profit.

Zhang's case spanned a decade, encompassing five trials and two retrials. Yu Haibin, a deputy director general of the Narcotics Control Bureau at the Ministry of Public Security, told the Global Times that this case underscores China's determination and actions in combating drug crimes. "China has historically suffered greatly from the harms of drugs, which gives us a profound understanding and resolute attitude toward drug issues, particularly concerning new psychoactive substances and other novel drugs," Yu stated.

He noted that China became the first country in the world to officially classify fentanyl-related substances as a distinct category and is committed to contributing to global drug control efforts. Yu emphasized that China's role as a major player in drug control is evident not only in its stringent domestic prohibition measures but also in its extensive cooperation and collaborative responses with the international community. 

He expressed China's willingness to strengthen drug control partnerships with countries worldwide to jointly combat transnational drug crimes and protect the global community from the dangers of drugs.