Short answer: no. Chinese law treats cannabis as a drug, with no medical or recreational exception. Smoking it or holding even a small amount is an administrative offence that can mean 10 to 15 days’ detention, and once the quantity reaches the thresholds in Article 348 of the Criminal Law, or once you sell, transport or grow it, it becomes a criminal case. Foreigners convicted of a drug offence normally serve the sentence and are then deported.

What the law provides

Article 357 of the Criminal Law defines drugs as opium, heroin, methamphetamine, morphine, cannabis, cocaine and other state-controlled narcotic and psychotropic substances that cause addiction. Cannabis is named in the definition itself, and the quantity is counted as seized, not by purity. There is no soft-drug category and no medical-use exemption.

For use and small quantities, Article 84 of the Public Security Administration Punishments Law, revised in 2025 and in force from 1 January 2026, provides for 10 to 15 days’ detention plus a fine of up to RMB 3,000, or where circumstances are minor up to 5 days’ detention or a fine of up to RMB 1,000. The conduct covered includes illegal possession of less than 200 grams of opium, less than 10 grams of heroin or methamphetamine or a small quantity of other drugs, supplying drugs to others, and smoking or injecting drugs. A person who smokes may also be ordered to stay out of entertainment venues and away from drug offenders for six to twelve months.

Criminal liability starts at the thresholds in Article 348: illegal possession of one kilogram or more of opium, 50 grams or more of heroin or methamphetamine, or a large quantity of other drugs carries seven years to life; 200 grams to one kilogram of opium, 10 to 50 grams of heroin or methamphetamine, or a relatively large quantity of other drugs carries up to three years, or three to seven years where circumstances are serious. Article 347 goes further for smuggling, selling, transporting or manufacturing drugs: every such act is criminal regardless of quantity, quantity only drives the sentence, and one kilogram of opium, 50 grams of heroin or methamphetamine, a ringleader role or involvement in organised international trafficking can reach fifteen years, life or death. Article 354 makes it an offence, punishable by up to three years, to allow others to smoke or inject drugs in a place you provide.

What this means in practice

It is legal where I come from is not a defence, and the substance, not the packaging, is what gets tested: gummies, vapes and edibles are all analysed. A drug record also follows you administratively, at visa renewal, work permit applications and any later police contact.

A typical scenario (hypothetical)

A foreign teacher in Shanghai lets three friends smoke cannabis at his rented flat; one brings a few grams, and a noise complaint brings the police. Providing the flat for others to use drugs is itself an offence under Article 354 with a maximum of three years, everyone who smoked faces administrative detention under Article 84, and even a case that ends without prosecution resurfaces when the visa is renewed.

FAQ

Q: Is weed legal in China?

A: No. Article 357 of the Criminal Law lists cannabis as a drug, and there is no medical or recreational exception for it.

Q: What is the punishment for possessing a small amount?

A: Under Article 84 of the Public Security Administration Punishments Law, 10 to 15 days’ detention and a fine of up to RMB 3,000, or in minor cases up to 5 days’ detention or a fine of up to RMB 1,000.

Q: When does possession become a criminal offence?

A: Article 348 applies at one kilogram of opium, 50 grams of heroin or methamphetamine, or a large quantity of other drugs, with seven years to life. Lower bands, from 200 grams of opium or 10 grams of heroin or methamphetamine, carry up to three years.

Q: What if I only sell or grow a little?

A: Article 347 makes smuggling, selling, transporting and manufacturing drugs criminal regardless of quantity, and quantity, ringleader status or organised international trafficking can take the sentence up to fifteen years, life or death.

Q: Can a foreigner be deported for a drug offence?

A: Yes. Under Article 35 of the Criminal Law a foreign national who commits a crime may be deported, either alone or in addition to the sentence, and in practice drug convictions are treated severely.

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Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512