“毒品未流入社会”作为酌定从轻量刑的正当性与合理性值得检讨与商榷。实践中将毒品未流入社会作为酌定从轻情节的做法,不利于打击毒品犯罪,也违背相关禁毒方针,存在着方法论上的根本缺陷。相对于肯定说和区别对待说,否定说观点更为可取。由于未体现出犯罪嫌疑人、被告人主观恶性较低和人身危险性逐步减弱、积极认罪悔罪的特征,故毒品尚未流入社会不宜作为从轻情节来考虑。 “Drugs did not flow into society ” as the justification and justification of light sentencing should be worthy of review and discussion. In practice, the non-infiltration of drugs into the society as a matter of discretion and mitigation is not conducive to cracking down drug-related offenses and violates the relevant anti-drug guidelines. There is a fundamental methodological flaw. As opposed to affirming and differentiating, saying that denying the argument is preferable. Because it does not reflect the criminal suspects, the defendant’s subjective viciousness and personal risk gradually weakened, and positive confession of repentance, so the drug has not yet flowed into the community should not be considered as a minor episode.