Chapter VI Penal Provisions
第六章 罰則
第二十四条
A person who cultivates a Cannabis plant without due cause is punished by imprisonment for not less than one year and not more than 10 years.
大麻草をみだりに栽培した者は、一年以上十年以下の拘禁刑に処する。
When a person commits the crime in the preceding paragraph for profit, the person who committed that crime is punished by imprisonment for a definite term of not less than one year or, in light of the circumstances, by imprisonment for a definite term of not less than one year and a fine of not more than 5,000,000 yen.
営利の目的で前項の罪を犯したときは、当該罪を犯した者は、一年以上の有期拘禁刑に処し、又は情状により一年以上の有期拘禁刑及び五百万円以下の罰金に処する。
An attempt to commit the crime in the preceding two paragraphs is also punished.
前二項の未遂罪は、罰する。
第二十四条の二
A person who violates the provisions of Article 12-3, paragraph (1) is punished by imprisonment for not more than seven years.
第十二条の三第一項の規定に違反した者は、七年以下の拘禁刑に処する。
When a person commits the violation in the preceding paragraph for profit, the person who committed that violation is punished by imprisonment for not less than one year and not more than 10 years or, in light of the circumstances, by imprisonment for not less than one year and not more than 10 years and a fine of not more than 3,000,000 yen.
営利の目的で前項の違反行為をしたときは、当該違反行為をした者は、一年以上十年以下の拘禁刑に処し、又は情状により一年以上十年以下の拘禁刑及び三百万円以下の罰金に処する。
An attempt to commit the crime in the preceding two paragraphs is also punished.
前二項の未遂罪は、罰する。
第二十四条の三
A person who has made preparations with the purpose of committing a crime in Article 24, paragraph (1) or paragraph (2) is punished by imprisonment for not more than five years.
第二十四条の四
A person who has knowingly provided or transported the funds, lands, buildings, vessels, aircraft, vehicles, facilities, machinery, instruments or raw materials (this includes the seeds of the Cannabis plant) necessary for the acts falling under the crimes in Article 24, paragraph (1) or paragraph (2) is punished by imprisonment for not more than five years.
第二十四条の五
The crimes in Article 24 and the preceding two Articles are governed by the provisions of Article 2 of the Penal Code (Act No. 45 of 1907).
第二十四条及び前二条の罪は、刑法(明治四十年法律第四十五号)第二条の例に従う。
第二十四条の六
In any of the following cases, the person who committed the violation is punished by imprisonment for not more than three years or a fine of not more than 500,000 yen, or both:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、三年以下の拘禁刑若しくは五十万円以下の罰金に処し、又はこれを併科する。
if the person violates the provisions of Article 11 (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2));
if the person processes the Cannabis plant in violation of the provisions of Article 12-4, paragraph (1) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1));
if the person violates an order under the provisions of Article 12-6, paragraph (1) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2)) or paragraph (3) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1));
if the person transfers seeds of the Cannabis plant in violation of the provisions of Article 18;
if the person imports seeds not treated against germination without obtaining the permission under the proviso to Article 19, paragraph (1), in violation of the provisions of that paragraph, or violates the provisions of paragraph (2) of that Article.
第二十四条の七
Cannabis plants pertaining to the crimes in Articles 24 through 24-3 or item (ii) or item (iii) of the preceding Article, Cannabis pertaining to the crime in item (i) of that Article, or seeds of the Cannabis plant pertaining to the crimes in item (iv) or item (v) of that Article, which are owned or possessed by the offender, are to be confiscated; provided, however, that if they belong to a person other than the offender, they need not be confiscated.
With regard to the commission of the crimes under the provisions of the preceding paragraph (excluding the crimes in Article 24-2 and the preceding Article), vessels, aircraft or vehicles used in the transport of Cannabis plants may be confiscated.
第二十五条
In any of the following cases, the person who committed the violation is punished by imprisonment for not more than one year or a fine of not more than 200,000 yen, or both:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、一年以下の拘禁刑若しくは二十万円以下の罰金に処し、又はこれを併科する。
if the person violates the provisions of Article 7, paragraph (2) (including as applied mutatis mutandis pursuant to Article 13, paragraph (2));
if the person, in violation of the provisions of Article 10, paragraph (1) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2)), fails to keep an accounting book, fails to make an entry in the accounting book, or makes a false entry;
if the person fails to preserve the accounting book in violation of the provisions of Article 10, paragraph (2) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2));
if the person disposes of Cannabis in violation of the provisions of Article 12 (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2));
if the person makes a false notification when making a notification under the provisions of Article 12-2, paragraph (1), Article 12-7, paragraph (1) or paragraph (3), or Article 12-8, paragraph (3) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2));
if the person makes a false report when making a report under the provisions of Article 12-4, paragraph (3) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1));
if the person violates the provisions of Article 12-5 or Article 16;
if the person violates the provisions of Article 12-8, paragraph (2) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2)).
第二十五条の二
In any of the following cases, the person who committed the violation is punished by imprisonment for not more than six months or a fine of not more than 200,000 yen, or both:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、六月以下の拘禁刑若しくは二十万円以下の罰金に処し、又はこれを併科する。
if the person fails to make a notification under the provisions of Article 12-2, paragraph (1), Article 12-7, paragraph (3), or Article 12-8, paragraph (3) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1) or paragraph (2));
if the person fails to make a report under the provisions of Article 12-4, paragraph (3) (including as applied mutatis mutandis pursuant to Article 17, paragraph (1)).
第二十六条
In any of the following cases, the person who committed the violation is punished by a fine of not more than 200,000 yen:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、二十万円以下の罰金に処する。
if the person fails to make a report under the provisions of Article 9 or Article 15, paragraph (1), or makes a false report;
if the person violates the provisions of Article 20;
第二十条の規定に違反したとき。
if the person refuses, obstructs or evades the entry, inspection or sampling under the provisions of Article 22-3, paragraph (1).
第二十二条の三第一項の規定による立入り、検査又は収去を拒み、妨げ、又は忌避したとき。
第二十七条
When the representative of a corporation or the agent and other employees of a corporation or an individual have committed a crime in Article 24, paragraph (2) or paragraph (3) (limited to the part pertaining to paragraph (2) of that Article), or have committed a violation in Article 24-2, paragraph (2) or paragraph (3) (limited to the part pertaining to paragraph (2) of that Article), Article 24-6, or the preceding three Articles, with regard to the business of said corporation or individual, not only is the offender punished but also said corporation or individual is punished by the fine prescribed in the respective Articles.
第二十八条
A person who violates the provisions of Article 7, paragraphs (3) through (5) (including as applied mutatis mutandis pursuant to Article 13, paragraph (2)) is subject to a civil fine of not more than 100,000 yen.
第七条第三項から第五項まで(これらの規定を第十三条第二項において準用する場合を含む。)の規定に違反した者は、十万円以下の過料に処する。
cannabis plantmachine translation
「大麻草」
The plant Cannabis sativa L. (カンナビス・サティバ・リンネ).
Defined inArticle 2, paragraph (1)· applies throughout the law
Cannabismachine translation
「大麻」
The cannabis plant (大麻草) other than its seeds and mature stalks, and products made from it other than products that no longer have the form of the cannabis plant.
Defined inArticle 2, paragraph (2)· applies throughout the law
seeds not treated against germinationmachine translation
「発芽不能未処理種子」
Seeds of the cannabis plant that have not been treated, by the method Article 18 requires and a Ministry of Health, Labour and Welfare Order (厚生労働省令) sets, so that they cannot germinate.
Short name set inArticle 9, paragraph (1), item (iii)
confiscation
没収
A punishment that can only be added to a principal one (付加刑) (Penal Code, Article 9): a thing connected with the crime is confiscated. What may be confiscated is the thing that makes up the crime, a thing used or meant to be used for it, a thing it produced or gained or that was received as a reward for it, and what was received in exchange for such a thing (Article 19, paragraph (1)); only a thing belonging to no one but the offender, unless someone else acquired it after the crime knowing the facts (paragraph (2)). For a crime punishable only by penal detention (拘留) or a petty fine (科料), only the thing that makes up the crime may be confiscated, unless a special provision says otherwise (Article 20). Where a thing gained by the crime cannot be confiscated, its value may be collected instead (追徴) (Article 19-2).
Written by AI using Penal Code, Arts. 9, 19, 19-2, 20 as a reference.
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.