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xiao xia, a woman living in bengbu, anhui, was prosecuted by the procuratorate for suspected illegal business operations for reselling the controlled analgesic drug "dizosin" for her own use to several patients suffering from pain.

the procuratorate alleged that between 2019 and 2022, xiao xia obtained dizocin from defendants weng moumou, jiang mou, zhang moumou (handled in another case), and others, and later sold part of the dizocin to shi mou, shen mou, lu mou, and others for more than 180,000 yuan, making a profit of more than 40,000 yuan.

on september 11, 2024, the longzihu district court of bengbu city made a first-instance judgment on the case: xiao xia was convicted of illegal business operations and sentenced to one year and six months in prison, suspended for one year and six months, and fined rmb 45,000. xiao xia did not agree that he was involved in the crime of illegal business operations and has filed an appeal, hoping that the second-instance court will change his sentence to "exempt from criminal punishment."

xiao xia told the paper that she had suffered from ankylosing spondylitis for many years and that the disease was incurable. she had been using dezocine for pain relief for a long time. in the past few years, she had spent over a million yuan on dezocine alone, and sold it to others for about 180,000 yuan, which was a relatively low percentage. she said that the price at which she transferred the drugs was similar to the average price at which she bought the drugs over the years, and was lower than the market price. she resold the drugs out of sympathy for the plight of cancer patients and other patients with pain, and she felt the pain herself, and she did not want to make a profit in this way. before the transfer, she also reviewed the other party's medical records.

the paper previously reported that xiao xia was born in 1992 and worked as a nurse in a hospital in bengbu, anhui. she developed ankylosing spondylitis in 2014 and her condition worsened in 2019. she often couldn't sleep all night due to pain, and even couldn't take care of herself, so she had to take long-term sick leave. after her condition improved slightly, she returned to work, but the pain did not ease. xiao xia said that ankylosing spondylitis is an autoimmune disease that cannot be cured. it can only be controlled by painkillers to delay development and try not to develop into disability. due to allergies, she repeatedly tried a variety of painkillers and switched to dezocine.

dezocine is a synthetic, potent opioid analgesic that is commonly used in the clinic to treat postoperative pain, visceral and cancer pain, and is classified as a second-category psychotropic drug for control. xiao xia said that the price of dezocine is usually between 100 and 130 yuan per vial. for her, a vial of dezocine can maintain a peak pain relief effect for about two hours. later, "a 5 ml vial of dezocine requires 10 to 20 vials a day," which is a considerable expense. xiao xia said that she would develop drug resistance after using the drug for a long time, so in order to save money, she chose to buy it from drug dealers or individuals. in 2020, xiao xia joined a community formed by netizens suffering from pain, met some patients, and resold some dezocine to cancer patients. she said that she would review medical records before switching drugs.

the "criminal judgment of the people's court of longzihu district, bengbu city, anhui province" sent by xiao xia shows that the people's procuratorate of longzihu district, bengbu city, alleged that from 2019 to 2022, the defendant xiao xia obtained dizocin from the defendants weng moumou, jiang mou, zhang mouwei (handled in another case) and others, and then sold part of the dizocin obtained to shi mou, shen mou, lu mou and others for more than 180,000 yuan, making a profit of more than 40,000 yuan.

the procuratorate alleged that from march 2020 to september 2022, the defendant jiang mou took advantage of the convenience of working in the anesthesiology department of a hospital in bengbu to intercept or obtain dezocine from the defendant zhang moumou during his own surgery, and then sold it to xiao xia at a price of 45 yuan per vial, totaling more than 270,000 yuan. afterwards, the defendant jiang mou paid zhang moumou a total of 34,200 yuan in benefits. in 2021, the defendant weng moumou obtained dezocine from others and then sold it to xiao xia at a price of 25 yuan per vial, totaling more than 250,000 yuan.

the longzihu district people's court held that the defendants xiaoxia, jiang, weng, and zhang violated state regulations by selling restricted items, and the circumstances were serious. their actions constituted the crime of illegal business operations, and the prosecution's charges were established. among them, xiaoxia and others truthfully confessed their crimes after being arrested, and were given lighter punishments according to law; xiaoxia and others admitted the alleged criminal facts and were willing to accept punishment, and were given lenient treatment according to law. the longzihu district court sentenced xiaoxia to one year and six months in prison for the crime of illegal business operations, suspended for one year and six months, and fined rmb 45,000.

after the first instance judgment, xiao xia appealed and requested the second instance court to change the judgment and exempt her from criminal punishment.

in the appeal, xiao xia mentioned that he bought drugs mainly for his own use, and the sales accounted for a very small proportion, and his subjective malice was not great. from 2019 to 2023, he spent more than one million yuan on the purchase of dezocine, but only sold about 180,000 yuan to others, and only a small part was sold to patients, which did not cause serious damage to the business order of psychotropic drugs.

in addition, she believes that she sells dizocine not for profit, but for mutual assistance among patients. before selling drugs, she will check the medical records to understand the patient's condition. "patients buy drugs in the hospital for about 110 yuan per bottle. if they use large amounts of drugs for a long time, most families cannot afford it." she said that she provided help to patients out of sympathy, and even gave drugs to some patients as gifts.