Is drinking wine soaked in poppy plants punished like using drugs?

Recently, Sa Pa town police (Lao Cai) urgently detained Ma Thi Phinh (Hong ethnic group, 50 years old, residing in Trung Chai commune) who illegally planted nearly 2,000 opium poppy plants in her garden. Of these, 187 trees have flowers and fruits, the remaining trees are in the growth and development stage.

Previously, on March 12, the police force prevented drug crimes Lao Cai Provincial Police and Van Ban District Police discovered and arrested a group of subjects illegally trading and transporting nearly 80kg of poppy fruit and fresh branches.

Many people believe that the flowers and fruits of the opium poppy plant, if soaked in wine and drunk for medicinal purposes, are very good for health, so they hunt to buy them.

Accordingly, growing, trading, and transporting poppy plants will be punished. legal according to the law depending on the level and behavior. Is it illegal to soak this plant in alcohol for sale or if people buy it to soak in alcohol for medicinal purposes?

Lawyer Nguyen Thi Xuyen, Hanoi Bar Association, said that drinking wine soaked in opium has the same risks as using other drugs. Depending on the amount of opium soaked in alcohol, the user is at risk The higher the chance of drug addiction.

Pursuant to the provisions of Clause 1, Article 23 of Decree 144/2021/ND-CP, there are specific regulations on violations of drug prevention and control regulations. Specifically, for illegal use of narcotics, a warning or fine from 1,000,000 VND to 2,000,000 VND will be imposed. At the same time, evidence and means of administrative violations for this act will be confiscated.

In addition, if the competent authority determines that the wine soaked in poppy plants contains narcotics, the person has the act of possessing drugs. Storing this type of alcohol may result in administrative sanctions for illegal possession of narcotics with a fine ranging from 1,000,000 VND to 2,000,000 VND. Depending on the amount of drug content in alcohol, you can even be prosecuted for criminal liability for illegal possession of drugs according to Article 249 of the 2015 Penal Code, amended in 2017.

Lawyer Xuyen said that in the case of transporting alcohol soaked in poppy plants and being caught red-handed on the road, the authorities will handle the case depending on the amount of alcohol. However, if it is only a small volume of a few jars for household use, it is difficult to handle because it is very difficult to determine the content of narcotics or drugs in this type of wine.

Year 2021Highway Traffic Control Patrol Team No. 3 (Team 3) Department Traffic police (CSGT) discovered a case of a driver testing positive for drugs on the Phap Van – Cau Gie – Ninh Binh highway.

Admitted to the working group, this driver said he had drunk poppy wine (wine soaked with poppy plants).

According to the working group of Decree 100/2019/ND-CP of the Government, the act of driving a vehicle with drugs in the driver’s body will be fined 30 – 40 million VND. driving license 22 – 24 months.