Is it illegal to grow opium poppies in the garden for medicine?

TAnswer:

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

Pursuant to Clause 1, Article 5 of the Law on Drug Prevention and Control 2021, prohibited acts include: Growing plants containing narcotic substances and providing instructions on growing plants containing narcotic substances.

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

- Administrative penalties:If the act of growing opium poppies is regulated in Clause 3 and Point a, Point d, Clause 8, Article 23 of Decree No. 144/2021/ND-CP stipulating penalties for violations of regulations on drug prevention, control and combat.

Specifically:Fines from VND 5,000,000 to VND 10,000,000 for the act of growing opium poppy, cannabis, coca, khat and other plants containing narcotic substances.

In addition, there are additional penalties as follows:

a) Confiscation of exhibits and means of violationadministrative sanctions for the acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article;

b) Revoke the right to use the License, Practice Certificate, and Certificate of eligibility for security and order from 06 to 12 months for the acts specified in Point a, Clause 4 and Clause 6 of this Article;

c) Suspension of operations from 03 to 06 months for the acts specified in points b and g, Clause 5 of this Article;

d)Expel foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

- Criminally prosecuted:If the act of growing opium poppies is regulated in Article 247 of the 2015 Penal Code, amended and supplemented by Point n, Clause 1, Article 2 of the Law amending the 2017 Penal Code, it stipulates the crime of growing opium poppies, coca plants, cannabis plants and other plants containing narcotic substances.

Specifically:

1. Anyone who grows opium poppy, coca, cannabis or other plants containing narcotic substances as prescribed by the Government in one of the following cases shall be sentenced to imprisonment from 06 months to 03 years:

a) Have been educated twice and have had stable living conditions;

b) Having been administratively sanctioned for this act or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

c) With quantity from 500 trees to less than 3,000 trees.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:

a) Organized;

b) With a quantity of 3,000 trees or more;

c) Dangerous recidivism.

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

4. Anyone who commits a crime under Clause 1 of this Article, but voluntarily destroys and hands over the property to the competent authority before harvesting, may be exempted from criminal liability.