Stay away from the source of drugs, ban the planting of poppy flowers

[3] Compiled from: Boshan District People's Court, Zibo City
 
Case review
In early 2020, the defendant Nie Moumou, in order to treat an ear ailment, planted 502 poppy plants in his own orchard in a town in Boshan District, which were later discovered and eradicated by police officers during a patrol. After appraisal by the Shandong Provincial Forest Public Security Judicial Appraisal Center, the 502 suspected poppy plants submitted for inspection were all identified as poppies of the Papaveraceae family.

 

After trial, the Boshan District Court held that the defendant Nie Moumou illegally planted poppies in a relatively large quantity, and his actions constituted the crime of illegally planting drug-origin plants. The public prosecution's charge against the defendant Nie Moumou for the crime of illegally planting drug-origin plants was established. After being brought to justice, the defendant Nie Moumou truthfully confessed the criminal facts, showed a good attitude of admitting guilt, demonstrated genuine remorse, and the poppy plants involved had all been eradicated.
 
To uphold the dignity of national law, combat crime, and maintain the state's regulatory system over the planting of drug-origin plants, the defendant Nie Moumou was sentenced to six months' imprisonment, suspended for one year, and fined RMB 2,000 for the crime of illegally planting drug-origin plants.
 
 
Relevant legal provisions
《刑法》
Article 351    
Anyone who illegally plants poppies, cannabis, or other drug-origin plants shall be forced to eradicate them. Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance, and shall also be fined:
(1) Planting poppies in quantities of 500 plants or more but less than 3,000 plants, or other drug-origin plants in relatively large quantities;
(2) Those who replant after being dealt with by public security organs;
(3) Those who resist eradication.
Anyone who illegally plants 3,000 or more poppy plants or a large quantity of other narcotic plants shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or have their property confiscated.
Anyone who voluntarily uproots illegally planted poppy plants or other narcotic plants before harvest may be exempted from punishment.
 
"Public Security Administration Punishments Law"
Article 71
Whoever commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 3,000 yuan; if the circumstances are relatively minor, they shall be detained for not more than 5 days or fined not more than 500 yuan:
(1) Illegally planting less than 500 poppy plants or a small amount of other narcotic plants;
(2) Illegally buying, selling, transporting, carrying, or possessing a small amount of non-inactivated poppy seeds or seedlings;
(3) Illegally transporting, selling, storing, or using a small amount of poppy husks.
For the act described in item (1) of the preceding paragraph, if the plants are voluntarily removed before maturity, no penalty shall be imposed.

 

 
[1] The author's perspective
Poppy, cannabis, and coca are known as the three major narcotic plants in the world. Poppy is the primary source plant for extracting heroin. Long-term consumption of poppy husks or poppy seedlings can cause symptoms similar to drug addiction and even severe damage to the central nervous system. According to Chinese law, illegally planting even one poppy plant is an illegal act.
 
Among the public, some believe that eating poppy seedlings can prevent colds or that poppy husks can be used directly to treat diseases. This is a complete misunderstanding. In this case, the defendant Nie, having heard that poppies could cure illnesses, secretly planted poppies in his own kiwifruit orchard, intending to use them to treat his long-term ear pain after they matured. The case was later discovered by police during a patrol.
 
As ordinary citizens, we must enhance our legal awareness and never casually plant poppies. Do not harbor侥幸心理 or challenge the law, or you will face severe legal punishment. Once illegal poppy cultivation is discovered, you should promptly report it to the police. At the same time, learn to understand poppies scientifically, and do not use drugs as self-medication, as this will only delay treatment and cause greater harm to your health.