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How to Sentence the Crime of Illegally Planting Original Plants of Drugs

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How to Sentence the Crime of Illegally Planting Original Plants of Drugs


        

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  • 2024-05-26 13:00:21

    The so-called original drug plants mainly include opium poppy, marijuana, coca, carbamate, cactus alkaloid, ergot fungus, etc. Those who constitute the crime of illegally cultivating the original plants of drugs will be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance;

    Impose a fine; 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.

    [Legal Basis]

    Article 351 of the Criminal Law states that the illegal cultivation of opium poppy, marijuana and other original drug plants shall be forced to be 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.

    e***

    2024-05-26 13:00:21

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