The crime of trafficking in opium poppy or the crime of trafficking in drugs shall be defined in accordance with the Criminal Law. The basis for conviction is determined according to the state of opium poppy. If it is in the seedling state, it will be the crime of illegal trade in drug plant seedlings. If it is mature opium poppy, it will be the crime of drug trafficking. The former shall be convicted and sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined. The conviction and sentence of drug trafficking shall be not more than three years of fixed-term imprisonment, criminal detention or public surveillance, and a fine shall also be imposed.
 Legal basis
 Article 351 of the Criminal Law of the People's Republic of China [Crime of Illegally Cultivating Original Plants of Drugs] Illegal cultivation of opium poppy, marijuana and other original plants of drugs shall be forcibly eradicated. Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined:
 （1） Cultivating more than 500 but less than 3000 opium poppy plants or a relatively large number of original plants of other narcotic drugs;
 （2） Planting again after being handled by the public security organ;
 （3） Those who resist eradication.
 Whoever illegally cultivates more than 3000 opium poppy plants or large quantities of the original plants of other narcotic drugs shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined or sentenced to confiscation of property.
 Whoever illegally cultivates opium poppy or other original plants of narcotic drugs and voluntarily uproots them before harvest may be exempted from punishment.