Is growing opium poppies in a garden for medicinal purposes punishable by law?

TAnswer:

Clause 6, Article 2 of the 2021 Law on Drug Prevention and Control stipulates that opium poppies are plants containing narcotic substances.

Based on Clause 1, Article 5 of the Law on Drug Prevention and Control 2021, the following acts are strictly prohibited: Cultivating plants containing narcotic substances, and instructing others to cultivate plants containing narcotic substances.

Therefore, cultivating opium poppies for any purpose is a violation of the law. Depending on the nature and severity of the violation, the offender may be punished as follows:

- Subject to administrative penalties:If the act of cultivating opium poppies is regulated under Clause 3 and points a and d of Clause 8, Article 23 of Decree No. 144/2021/ND-CP on penalties for violations of regulations on drug prevention, control and suppression.

Specifically:A fine of 5,000,000 to 10,000,000 VND will be imposed for the act of cultivating opium poppies, cannabis plants, coca plants, khat plants, and other plants containing narcotic substances.

In addition, there are the following supplementary penalties:

a) Confiscation of evidence and means used in the violation.administrative penalties for the acts stipulated in clauses 1, 2, 3, 4, 5, 6 and 7 of this Article;

b) Revoking the license, professional certificate, or certificate of eligibility regarding security and order for a period of 6 to 12 months for the acts specified in point a of clause 4 and clause 6 of this Article;

c) Suspension of operations for a period of 3 to 6 months for the acts specified in points b and g of Clause 5 of this Article;

d)Foreign nationals who commit administrative violations as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article shall be deported.

- Subject to criminal prosecution:If the act of cultivating opium poppies is regulated under Article 247 of the 2015 Penal Code, as amended and supplemented by point n, clause 1, Article 2 of the 2017 Law amending the Penal Code, which stipulates the crime of cultivating opium poppies, coca plants, cannabis plants, and other plants containing narcotic substances.

Specifically:

1. Any person who cultivates opium poppies, coca plants, cannabis plants, or other plants containing narcotic substances as prescribed by the Government, in any of the following cases, shall be sentenced to imprisonment from 6 months to 3 years:

a) Has received education twice and has been provided with opportunities to stabilize their lives;

b) Having been previously penalized for administrative violations related to this act or having been convicted of this crime, and not yet having their criminal record expunged, and committing the violation again;

c) For quantities ranging from 500 to less than 3,000 trees.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 3 to 7 years:

a) Organized;

b) For quantities of 3,000 trees or more;

c) Dangerous recidivism.

3. Offenders may also be fined from 5,000,000 VND to 50,000,000 VND.

4. Anyone who commits an offense under Clause 1 of this Article, but voluntarily destroys or surrenders the offending property to the competent authorities before harvesting, may be exempted from criminal liability.