1. Causing minor or serious injuries;
2. Causing mild or moderate disability;
3. Damage to organs and tissues, leading to general dysfunction or serious dysfunction;
4. Other circumstances that cause serious harm to human health.
One, the production, sale and supply of counterfeit drugs, one of the following circumstances, should be given a heavier punishment as appropriate:
1. The drugs involved are mainly used by pregnant women, children or critically ill patients;
2. The drugs involved belong to narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, biological products or other drugs posing as drugs;
3. The drugs involved are injection drugs and emergency drugs;
4. The drugs involved are used to deal with natural disasters, accidents, public health incidents, social security incidents and other emergencies;
5 drug addicts and their staff produce and sell counterfeit drugs;
6. Other circumstances that should be severely punished as appropriate.
Two, the production, sale and supply of counterfeit drugs, in any of the following circumstances, shall be deemed as "other particularly serious circumstances" as stipulated in Article 141st of the Criminal Law:
1. Causing more than severe disability;
2. Causing serious injury, moderate disability or organ and tissue damage to more than three people, resulting in serious dysfunction;
3. Causing mild disability of more than five people or organ and tissue damage leading to general dysfunction;
4. Causing minor injuries to more than ten people;
5. Causing major, especially major public health emergencies;
6. Producing, selling or providing counterfeit drugs in an amount of more than 500,000 yuan;
7. The amount of counterfeit drugs produced, sold or provided is more than 200,000 yuan but less than 500,000 yuan, and it is under any of the circumstances specified in Article 1 of this Interpretation;
8. According to the time, quantity, type and the degree of harm to human health of the production, sale and supply of counterfeit drugs, it shall be deemed that the circumstances are particularly serious.
Legal basis: Article 141 of the Criminal Law of People's Republic of China (PRC), whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. Drug addicts who knowingly provide counterfeit drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.