Five Additives in the E-cigarette Industry That Spark Alarm

The so-called ‘high’ e-cigarettes are not conventional vaping products but a new form of narcotics masked as e-cigarettes. Their defining characteristic is the illegal addition of state-controlled addictive or hallucinogenic substances to the e-liquid. Consumption induces intense hallucinations, euphoria, or sedation—hence the name "high" (referring to the altered mental state).In response to the growing prevalence of ‘high’ e-cigarettes in recent years, China’s National Narcotics Control Commission (NNCC), Ministry of Public Security, and State Tobacco Monopoly Administration jointly issued the "Guidelines on Further Strengthening the Crackdown on ‘High’ E-cigarette-Related Crimes" on November 20, 2024, intensifying enforcement against such illicit products.

The first type: synthetic cannabinoids

The name suggests this substance is related to "marijuana," making it an intuitive inference that it is a drug. Synthetic cannabinoids are artificially synthesized chemicals that are more addictive and more harmful to the body than marijuana. On July 1, 2021, synthetic cannabinoids were included in the "Supplementary List of Controlled Non-medicinal Narcotic Drugs and Psychotropic Substances," officially designated as narcotic drugs by the state. Synthetic cannabinoids are substances that meet the seven general chemical structural formulas listed in the "Announcement on the Inclusion of Synthetic Cannabinoids and 18 Other Substances, Including Fluamine, in the 'Supplementary List of Controlled Non-medicinal Narcotic Drugs and Psychotropic Substances'." There are 103 such substances found in my country alone.Cannabis resin, cannabis oil, tetrahydrocannabinol (THC), and cannabinol, which may be illegally added to e-cigarette liquids, are not synthetic cannabinoids, but are plant-derived cannabinoids that have been listed as drugs since 1987.

Included Case 1: Zhang and Wang's Drug Trafficking Case - Selling e-cigarette liquid containing synthetic cannabinoids is considered drug trafficking - Qitaihe Xinxing District People's Court (2022) Hei 0902 Xingchu No. 3Included Case 2: He's Drug Trafficking Case - Acting as an intermediary in the resale of e-cigarettes containing synthetic cannabinoids constitutes drug trafficking in its own right - Nanchang Intermediate People's Court of Jiangxi Province (2022) Gan 01 Xingzhong No. 254

The second type: etomidate

Etomidate is the most commonly banned substance added to e-cigarette liquids. Etomidate and etomidate injection are listed in Part II of the Pharmacopoeia of the People's Republic of China (2020 edition). Etomidate is a raw material and etomidate injection is a preparation. They are used as pharmaceuticals and fall under the category of anesthetics. Because etomidate falls under the "special categories of anesthetic, psychotropic, toxic, and biological products," it can be directly considered "sufficient to seriously endanger human health." The production, sale, or import of etomidate without the relevant drug approval documents constitutes the crime of obstructing drug administration.However, effective October 1, 2023, etomidate will be officially included in the list of Category II psychotropic drugs. The production and sale of etomidate without relevant approval documents thereafter constitutes a drug-related crime, with penalties being significantly increased.

Typical Case 1: The Shanxi Provincial High People's Court Releases 10 Typical Cases of Crime Involving Drugs, Narcotic Drugs, and Other Addictive Substances. Tenth: The Case of Bai Mouyin Selling Drugs to Minors – A Warning Against the Emerging Drug Etomidate and E-cigarette Cases.

Typical Case 2: Hainan Provincial High People's Court Releases Typical Cases of Drug Crimes from 2023-2024, Part 3: Case of Xu, Wang, and Wu Selling Etomidate - "E-cigarettes" are not cigarettes but drugs, and are addictive. Illegal sales will result in criminal penalties.

The third type: medetomidine

Medetomidine is a derivative of etomidate and a non-pharmaceutical anesthetic. Its physiological reactions differ from those of etomidate when inhaled, and users of medetomidine-containing e-cigarettes are prone to vomiting.According to the "Announcement on the Inclusion of 46 Substances, Including Bromophenazone, in the Supplementary Catalogue of Controlled Non-pharmaceutical Narcotic Drugs and Psychotropic Substances" issued by the Ministry of Public Security, the National Health Commission, and the National Medical Products Administration, medetomidine has been included in the catalogue and has been officially listed as a non-pharmaceutical anesthetic drug since July 1, 2024, making it a narcotic drug.

Case 1: Criminal Ruling of the Second Instance of Li Mou 1 for Drug Trafficking - Nanchang Intermediate People's Court, Jiangxi Province, (2025) Gan 01 Xingzhong No. 44

Case 2: Criminal Ruling of the Second Instance of Fu Mou and Wang Mou for Smuggling, Trafficking, Transporting, and Manufacturing Drugs - Hainan Province First Intermediate People's Court, (2025) Qiong 96 Xingzhong No. 2

The fourth type: Propafenac / Ipropafenac

On July 1, 2024, both "Propagate" and "Ipropagate" were included in the "Supplementary List of Controlled Non-Pharmaceutical Narcotic Drugs and Psychotropic Substances" along with medetomidine, and have since been designated as drugs.Typical Case: The Fujian Provincial High People's Court and the Fujian Provincial People's Procuratorate jointly released the sixth typical case of combating drug crimes: the case of Qian Mouyuan selling drugs – he was punished according to law for selling newly listed narcotic drugs.

Case 2: First-instance Criminal Judgment of Sun Mouwei, Shu Mouyuan, et al. for Drug Trafficking – Fancheng District People's Court of Xiangyang City (2025) E0606Xingchu No. 111

The fifth type: Tiretamine

Tiletamine is a veterinary anesthetic, not a pharmaceutical drug, and is not currently listed as a controlled anesthetic or psychotropic substance. The illegal use of tiletamine in e-cigarette liquids generally does not constitute a drug-related crime, but may constitute other crimes.If the perpetrator is unaware that the e-cigarette contains tiletamine and mistakenly believes it to contain etomidate or other drugs, when it is actually tiletamine, the act of selling it constitutes drug trafficking, albeit in a formal sense of attempted crime. If the perpetrator knowingly sells tiletamine as ketamine or other drugs, it may constitute fraud. If the perpetrator sells e-cigarettes containing tiletamine without a tobacco monopoly license, the circumstances may be serious and may constitute illegal business operations.

"Zero tolerance" for drug crimes

1. Regardless of the quantity of drugs, a conviction is required. Article 347, Paragraph 1 of the Criminal Law stipulates that anyone who smuggles, sells, transports, or manufactures drugs, regardless of the quantity, shall be held criminally liable and punished. This means that regardless of the quantity, even if it's just one e-cigarette or 2ml of e-liquid, as long as drugs are involved, criminal liability will be pursued.2. The quantity of drugs is not calculated based on purity. Article 357 of the Criminal Law stipulates that the quantity of drugs is calculated based on the verified amount of drugs smuggled, sold, transported, manufactured, or illegally possessed, and not based on purity. If a cigarette cartridge contains drug ingredients, the e-liquid in the cartridge is entirely considered drug and is not subject to separate identification. For example, the ruling (2025) Qiong 96 Xingzhong 2 of the First Intermediate People's Court of Hainan Province states, "In this case, the e-liquid in the cartridge is the primary form and carrier of the drug, so separate weight identification of the e-liquid and medetomidine is not required."

3. Drug crimes involve a wide range of offenses, multiple charges, and a wide scope of action. Not only the production and sale of drugs, but also the smuggling, manufacturing, trafficking, transporting, and possession of drugs constitute crimes. Enticing, instigating, deceiving others into using or injecting drugs, and harboring others for drug use also constitute crimes.

4. Drugs seized from a dealer are presumed to be for sale and not for personal use. As long as the offender has engaged in drug trafficking, drugs seized from their residence, vehicle, or possession are, in principle, counted toward the "sold quantity," regardless of whether they were used for personal use.

About the AuthorYang Chengyong

Master of Laws, Renmin University of China

Member of the Electronic Cigarette Industry Association

Volunteer Attorney at the First Circuit Court of the Supreme People's Court

Economist, Human Resources Manager, Registered Safety Engineer, Fund Practice Qualification, Securities Practice Qualification

Works at Guangdong Dena Law Firm, specializing in compliance practices and practical research in the e-cigarette industry. Having extensive experience working in the tobacco industry and at large-scale technology manufacturing companies integrating production, research, and sales, Yang Chengyong specializes in corporate legal affairs, complex dispute resolution, and ESG, providing legal compliance services to numerous e-cigarette companies.

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