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  #1  
Old 10-10-2007, 03:12
trptamene trptamene is offline
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Pod Seller Busted On eBay

Federal drug agents have arrested a California man for allegedly selling opium poppy pods on eBay. A man, 30, was arrested at his home by Drug Enforcement Administration agents, who say they bought hundreds of pods from him last year.

SAN FRANCISCO -- Federal drug agents have arrested a Sacramento man for allegedly selling opium poppy pods on eBay, where he described the morphine-laden pods and seeds as a decoration.

A man, 30, was arrested at his home Thursday by Drug Enforcement Administration agents, who say they bought hundreds of the illegal pods from him last year.

The man appeared in a federal court in Sacramento and was released on a $50,000 property bond, the U.S. Attorney's office announced Friday. The man is scheduled to appear in a San Jose federal courtroom Feb. 6.

The man declined to comment on the case when reached at his home by The Associated Press.

Prosecutors allege that the man advertised and sold the dried Papaver Somniferum poppy pods on eBay last year.

Undercover DEA agents bought pods from the man twice, each time receiving a package of poppies, complete with a receipt, the U.S. Attorney's Office said. Each pod is about the size of a golf ball, and is attached to a two-foot-high stalk.

Richard Meyer, a spokesman for the DEA, said only three of 300 species of poppy are illegal, but the man was selling one of the prohibited kinds.

A San Francisco forensic scientist later confirmed that the pods contained opium poppy seeds, which in turn contained Morphine, prosecutors said.

The chemist indicated that the pods were shipped ready to be "steeped and ingested as a controlled substance with a psychoactive effect," according to the criminal complaint.

Kevin Pursglove, a spokesman for eBay, said the auction Web site remains vigilant in working with authorities to prevent the sales of such items online.

"We check the site frequently for any illegal or illicit items and we remove them as fast as we find them," Pursglove said.

In the early days of eBay, some people tried to sell marijuana on the service before they were quickly shut down, Pursglove said.

Trying to deal drugs online through eBay "might be one of the dumbest things you can do," Pursglove added. "Everything is traceable."

A search for opium poppy seeds on eBay's site Friday revealed sellers hawking "spectacular amazing giant opium poppy seed" and 150 "opium poppy seeds."

Source: poppies.org/2003/02/04/pod-seller-busted-on-ebay

Post Quality Reviews:
Intersting article.

Last edited by Alfa; 08-06-2012 at 22:17.
  #2  
Old 10-10-2007, 03:57
Paracelsus Paracelsus is offline
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Re: Pod Seller Busted On eBay

Tehnically, plants of the species Papaver somniferum, of any variety, can be called opium poppy. What they didn't tell in the article was that most garden poppies are one of the 'prohibited species'.

The laws exist so the DEA can incarcerate anyone they please, but they aren't enforced on grandma's garden poppies. Or on commercially available poppy seeds, which are also P. somniferum and are reported to be psychoactive.

The poor guy was busted so another example could be set. More info about the war on poppy can be found in chapter 'Poppycock' by Russ Kick.

Post Quality Reviews:
Thats exactly what I was thinking when I was reading it

Last edited by Phenoxide; 31-07-2016 at 19:22. Reason: broken link removed
  #3  
Old 18-03-2008, 13:57
Alfa Alfa is offline
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Re: Pod Seller Busted On eBay

Poppies themselves are legal, but as soon as dried they fall under the UN convention on psychotropic drugs of 1961. Various parts of the plant fall under the conventions of the UN. The fact that they are for sale on the net or in flower shops does not mean you can not go to jail for it.
  #4  
Old 18-03-2008, 14:43
gunnaknow gunnaknow is offline
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Re: Pod Seller Busted On eBay

Is this just illegal in the US or is it illegal in the UK and the rest of europe aswel?
  #5  
Old 18-03-2008, 14:52
Paracelsus Paracelsus is offline
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Re: Pod Seller Busted On eBay

It is illegal in any country that signed the UN Convention of Psychotropic Drugs. That includes the UK and most (all?) European countries.
  #6  
Old 18-03-2008, 14:52
RaverHippie RaverHippie is offline
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Re: Pod Seller Busted On eBay

If you(gunnaknow) notice the post above yours you will notice that Alfa mentioned universal laws governing psychoactive substances which prohibit such purchases.

Last edited by RaverHippie; 18-03-2008 at 15:42. Reason: para beat me
  #7  
Old 18-03-2008, 16:53
HomerK HomerK is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by Alfa View Post
Poppies themselves are legal, but as soon as dried they fall under the UN convention on psychotropic drugs of 1961. Various parts of the plant fall under the conventions of the UN. The fact that they are for sale on the net or in flower shops does not mean you can not go to jail for it.
Granted advertising them for illicit use is illegal, but from as far as swim can see, they are sold for legitimate crafting purposes. Swim isn't sure how many, if any, buy them for such, but he'd be interested to read the relevant legislation.
  #8  
Old 18-03-2008, 17:06
ncsponger ncsponger is offline
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Re: Pod Seller Busted On eBay

Swim was under the impression that dried p. somniferums were totally legal unless it was obvious that the person possesing them was intending to use or sell them for consumption. This is not good.
  #9  
Old 18-03-2008, 17:20
dark12 dark12 is offline
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Re: Pod Seller Busted On eBay

Wow this is very interesting.
Someone I know said he purchased some dried pods from an online vendor. If he purchased around 30 pods should he be worried about the authorities?
  #10  
Old 18-03-2008, 17:23
HomerK HomerK is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by dark12 View Post
Wow this is very interesting.
Someone I know said he purchased some dried pods from an online vendor. If he purchased around 30 pods should he be worried about the authorities?
Swim can't imagine so. Swim knows someone who has made several purchases without anything happening.
  #11  
Old 18-03-2008, 17:29
dark12 dark12 is offline
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Re: Pod Seller Busted On eBay

Thanks for the reply.
That's good to hear. SWIM was going to send the money today and quickly became nervous when he saw this news.
  #12  
Old 19-03-2008, 14:51
e-spacecadet e-spacecadet is offline
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Re: Pod Seller Busted On eBay January 30, 2003

Quote:
Originally Posted by dark12 View Post
Thanks for the reply.
That's good to hear. SWIM was going to send the money today and quickly became nervous when he saw this news.
This is no longer really 'news' as it is from 2003 -

It was reported that the guy sold the 700+ pods to DEA agents between January 2002 & January 2003 as decorative items and had a disclaimer too.

Swim got 75 pods from some such vendor last week. One would'nt worry too much, unless there's a number of these reports all of a sudden.(someday..) Thousands of people buy and sell pods, and though they'll make an example of some little guys, they're gonna want to bust volume sellers much more than the buyers. (not enuf manpower anyway)
Who knows why they went after him, and not others.
  #13  
Old 31-03-2008, 17:40
chinpokomaster chinpokomaster is offline
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Re: Pod Seller Busted On eBay

I'm pretty sure that dried pods are legal to buy in the UK for floral decorating purposes.

They look lovely
  #14  
Old 31-03-2008, 18:48
vile_audio vile_audio is offline
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Re: Pod Seller Busted On eBay

any update on this case what was his ruling this could've had the most impact on the legality of the ornaments we all so dearly love to appreciate the asteitc value of
  #15  
Old 01-04-2008, 23:55
ajm48786 ajm48786 is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by vile_audio View Post
any update on this case what was his ruling this could've had the most impact on the legality of the ornaments we all so dearly love to appreciate the asteitc value of
This was indeed back in 2003, apparently there is no word as to what eventuality came to be. One should search for this fellow by his name; and, they will be able to pursue the whole story in that manner.

Point being, while sad this fellow is/was a POW of the War on Drugs, he did advertise the pods in a manner that got the attention of the DEA/Ebay/"good citizen." When someone is that blatantly thumbing their nose at the government the government will do whatever they can to make an example out of them (as stated earlier). Think of Al Capone, he thumbed his nose like a moron; and, the treasury dept came after him with an Income tax evasion charge, a law few Americans at the time knew existed, and was rarely, if ever, enforced.

Had he advertised the Pods for the appropriate usage, he'd probably still be selling the beautiful work of nature people love to use for decorations/crafting. He was stupid about it. While Swim completely sympathizes with him, Swim understands that the STUPID political/legal climate of the Western World in regards to drugs meant he was going to get busted, it is that simple. Swim would bet if Swiy were to advertise Morning Glory Seeds as "Hallucinogenic Drug Seeds," the DEA/whomever would go after they as well.

Either way, another fellow that probably didn't do any significant wrong to anyone probably has lived a life of ruin since this unfortunate event. I haven't been able to find any information in regards to what eventually happened to him. Had this been a bust of someone that was selling the Pods for their proper purposes, then that would be a good cause for alarm; however, this was 4 1/2 - 5 years ago. Since that time the US economy has gone to shit, the DEA has shit for funding compared to pre-Iraq "War On Terror" BS. Swim isn't saying they don't have the resources to make another example out of someone, Swim is just saying they are probably desperate and would rather avoid trying to pursue something that would ultimately backfire.

Think of the outrage if they were to TRY to have a serious crackdown on this market. This plant grows wild throughout America; and, many prohibitionist Alcoholics have it growing in their yards (and some good people as well). It is a powder keg. The average person would not listen, they would almost certainly defy the government as the average joe did in alcohol prohibition. It would probably create an opening for a serious discussion of drug laws, which the DEA certainly would not want to happen, as they depend on the Drug War to make their livelihoods. Point being, they're strained, sure, they still can go make an example out of someone; but, they don't want a serious crackdown anymore than the many good crafters do. It would only serve the anti-prohibitionists.

Lesson to be learned: if one is to sell/buy these pods, make sure they buy them for the right reason, from a dealer that advertises them for the right purpose; and, if they're not buying them for the right reason, don't be a moron and provoke the drug agents unless there is a widespread revolution or something. The DEA will almost certainly focus more on the vendors than the buyers, though if a buyer were to be stupid, they could go after he/her. The DEA is more tied down with heroin,crack,etc than something that many many good people enjoy that happens to have a well kept secret potential for abuse. The DEA wants to keep the status quo, don't forget that. Cheers!

Last edited by ajm48786; 02-04-2008 at 02:34.
  #16  
Old 02-04-2008, 00:57
radiometer radiometer is offline
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Re: Pod Seller Busted On eBay

Perhaps you could copy the relevant info and edit your post, as links to other forums are forbidden here.
  #17  
Old 02-04-2008, 11:19
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Re: Pod Seller Busted On eBay

To the person (sorry, forgotten who) who insisted that it is illegal to grow P.somniferum in the UK, may I humbly protest - I have personally been growing this sub-species, especially the 'Hens and Chickens' and 'Persian White' varieties for over twenty years and have confirmed with my lawyer that I am NOT committing any offence at all. These have been recognised garden plants for hundreds of years, and are offered annually in the largest companies' catalogues as seed. According to Scots Law, an offence is committed only if the pods are scored and latex collected from the scored pods. Merely growing this plant is not, and never has been, an offence against any drug law. If you give me a day or two I can come up with the references from the relevant Legal Books.
Also, dried pods are also quite legal. So long as they have not had the active ingredients extracted, which is an impossible thing to prove exactly who was responsible for such extraction. I can not find any prosecutions listed; the clsest thing I have found was a case in which several P.somniferum were found growing under sodium light along with a crop of marijuana; since they had not been harvestedin any way, although the procurator Fiscal attempted to make a charge of production of opium, the case was immediately thrown out of court by the Sheriff on the grounds that no evidence of opium production was shown - all the opium poppies were whole, uncut and only just beginning to flower (which was lucky on the part of the accused since that meant harvest was but days away!). So far as I am aware, the Law on opium as it stands in the UK, both Scotland and England/Wales, at the moment makes possession of opium, whether raw or prepared, the possession of instruments specifically designed for the smoking of opium except where they can be shown to be antiques bought as decorative objects, and the attempted production of opium by scoring the pods to enable the extraction of latex, all illicit; no other law concerning opium exists - it is classed 'A' in the MDA 1971; raw opium being Schedule I and prepared or medicinal opium Sch II.
WAS

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Well said and thanks for the info. Although I wonder how long before it offends the Daily Mail enough who will make it one of their "causes" to ban.
  #18  
Old 17-04-2008, 21:15
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by wearestardust View Post
To the person (sorry, forgotten who) who insisted that it is illegal to grow P.somniferum in the UK, may I humbly protest - I have personally been growing this sub-species, especially the 'Hens and Chickens' and 'Persian White' varieties for over twenty years and have confirmed with my lawyer that I am NOT committing any offence at all. These have been recognised garden plants for hundreds of years, and are offered annually in the largest companies' catalogues as seed. According to Scots Law, an offence is committed only if the pods are scored and latex collected from the scored pods. Merely growing this plant is not, and never has been, an offence against any drug law. If you give me a day or two I can come up with the references from the relevant Legal Books.
Also, dried pods are also quite legal. So long as they have not had the active ingredients extracted, which is an impossible thing to prove exactly who was responsible for such extraction. I can not find any prosecutions listed; the clsest thing I have found was a case in which several P.somniferum were found growing under sodium light along with a crop of marijuana; since they had not been harvestedin any way, although the procurator Fiscal attempted to make a charge of production of opium, the case was immediately thrown out of court by the Sheriff on the grounds that no evidence of opium production was shown - all the opium poppies were whole, uncut and only just beginning to flower (which was lucky on the part of the accused since that meant harvest was but days away!). So far as I am aware, the Law on opium as it stands in the UK, both Scotland and England/Wales, at the moment makes possession of opium, whether raw or prepared, the possession of instruments specifically designed for the smoking of opium except where they can be shown to be antiques bought as decorative objects, and the attempted production of opium by scoring the pods to enable the extraction of latex, all illicit; no other law concerning opium exists - it is classed 'A' in the MDA 1971; raw opium being Schedule I and prepared or medicinal opium Sch II.
WAS

so making poppy tea by crushing up dried pods and then drinking that actually isnt illeagal?
because you arnt scoring the latex or smoking the opium atall.

is this right?

swim wants to buy some pods of ebay, will she get done if she bought a box with alot in.

please advise.
  #19  
Old 17-04-2008, 21:45
chinpokomaster chinpokomaster is offline
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Re: Pod Seller Busted On eBay

Preparing P. Somniferum for human administration, whether that be ingesting, smoking, injecting, whatever, turns it into a class A drug.

Dried Pods are legal to use in flower arrangements, but dissolving the alkaloids out of them, is illegal.

EDIT: In the UK.
  #20  
Old 18-04-2008, 11:09
0utrider 0utrider is offline
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AW: Pod Seller Busted On eBay

so that means in the UK pods for flower arrangements area available? thats news to SWIM
  #21  
Old 18-04-2008, 13:44
Alfa Alfa is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by chinpokomaster View Post
Preparing P. Somniferum for human administration, whether that be ingesting, smoking, injecting, whatever, turns it into a class A drug.

Dried Pods are legal to use in flower arrangements, but dissolving the alkaloids out of them, is illegal.

EDIT: In the UK.
Do you have references?
  #22  
Old 18-04-2008, 14:06
chinpokomaster chinpokomaster is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by Alfa View Post
Do you have references?
Well this article states that the growing of the poppies is legal in the UK...

(Dead link)

"The poppies in question, Papaver somniferum, can be grown without a licence. The extraction of the drugs is a complex industrial process and the people who work to produce the drugs have to be licensed."

Which implies that until you make an attempt to extract drugs, the poppies remain perfectly legal.

SWIM has seen lots of shops on local high streets selling P. Somniferum pods, dried, as part of floral arrangements. There are also lots of UK websites that exist selling dried pods, claiming their aesthetic properties.

As far as finding an article on whether UK law considers poppy straw a Class A drug, I can't find one, but surely common sense says that if you grow them, then after a while they will die and dry out in your garden?

I'm not totally sure whether the pods need to be attached to the stalk to stop them being considered a Class A drug or whether the pods themselves are legal in their dry form if unprepared.

Post Quality Reviews:
This is true. Poppies are legal to grow in the UK.

Last edited by Smeg; 28-07-2016 at 01:37. Reason: Dead link deleted.
  #23  
Old 18-04-2008, 16:37
0utrider 0utrider is offline
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AW: Pod Seller Busted On eBay

well so basically his is inner-eu possible, isnt it? evenn though in other countries the legal status might be different, in theory it would be possible..
  #24  
Old 18-04-2008, 17:10
Pondlife Pondlife is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by Alfa View Post
Do you have references?
In the UK, The Misuse of Drugs Act 1971 says that "Poppy-straw and concentrate of poppy-straw" is a Class A drug. It defines these terms as:

Quote:
"opium poppy” means the plant of the species Papaver somniferum L;

"poppy straw” means all parts, except the seeds, of the opium poppy, after mowing;

"concentrate of poppy-straw” means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids
This seems to imply that poppies themselves are Class A, but that does not seem to be the current interpretation. I know that there are some exemptions for poppy straw in the 2001 Misuse of Drugs Regulations, which may be the reason why florists don't get busted for stocking dried poppies.

However, I'm not aware of anything that exempts the concentrate, so I suspect that extracting the alkaloids is a definite no-no.

Post Quality Reviews:
This is legally correct.
  #25  
Old 18-04-2008, 17:13
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AW: Pod Seller Busted On eBay

well they are available on the internet in uk based websites, i doubt they are illgal in that case.. for florists etc , decoration

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crackdown, drugs, drugs-forum, opium, opium poppies, poppies, poppy, poppy pod, poppy pod legality, selling drugs

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