it is illegal to add poppy to food. Adding poppy shells or poppy powder to food violates the provisions of Item 1 of Article 34 of the Food Safety Law that "it is forbidden to produce and operate foods made of non-food raw materials or foods with chemicals other than food additives and other substances that may be harmful to human health". The Ministry of Public Security in the "Notice on Resolutely Stopping and Investigating the Illegal and Criminal Behavior of Doping Poppy Shell in Food" particularly emphasized that it is illegal and criminal for restaurants to use poppy in food to attract customers. The act is suspected of deceiving others to take drugs, and will face criminal punishment of minimum control, fine, imprisonment of up to seven years and fine.

how to punish the illegal cultivation of opium poppy

According to the provisions of Article 6 of the Decision, the crime of illegal cultivation of narcotic plants refers to the illegal cultivation of opium poppy, cannabis, coca bush and other narcotic plants in large quantities, or the cultivation after being dealt with by the public security organs, or the resistance to eradication. Whoever sells a large number of seeds of original drug plants to people who know that they are illegally planting original drug plants shall be punished as the crime of illegally planting original drug plants. To identify the crime of illegally planting drug plants, we should pay attention to distinguish it from the crime of manufacturing drugs. The former refers to the act of planting drug plants, and later refers to the act of processing, refining and manufacturing drugs from drug plants.

whoever illegally grows a large number of original plants of drugs and uses them as raw materials to manufacture drugs shall be given a heavier punishment for the crime of manufacturing drugs.

those who illegally grow a large number of original drug plants and commit other acts of drug manufacturing shall be convicted of the crime of illegally growing original drug plants and the crime of drug manufacturing respectively, and shall be punished concurrently.

according to the provisions of China's criminal law, illegal cultivation of opium poppy, marijuana and other original drug plants will be forcibly eradicated. The illegal cultivation of opium poppy has been suspected of committing a crime. Depending on the circumstances of the crime, it will face the least control and be fined, with a maximum of five years' imprisonment and criminal punishment of fine or confiscation of property.

Except that poppy cultivation constitutes a crime alone, buying, selling, and possessing non-inactivated opium poppy constitute the crimes of illegally buying, selling, transporting, carrying, and possessing the seeds and seedlings of the original drug plants respectively. Whoever commits this crime will face imprisonment of not more than three years, criminal detention or public surveillance, and be punished with a fine or a single fine.

what's the crime of cooking poppy

(1) the crime of illegal possession of drugs

according to the relevant provisions on sentencing of drug-related crimes, illegal possession of poppy shells of more than 41 kilograms constitutes the crime of illegal possession of drugs. Then, if the actor holds more than 41 kilograms of poppy shells in order to add them to food, his behavior belongs to the crime of producing and selling toxic substances, harmful food and illegal possession of drugs, which should be judged as a felony. Among them, the production and sale of toxic substances, the statutory punishment of harmful food is higher than the statutory punishment of the crime of illegal possession of drugs, and the perpetrator should also be convicted and sentenced for the production and sale of toxic substances and harmful food.

(II) Crime of Deceiving Others to Take Drugs

At first, it was thought that the perpetrator added poppy shells to food, and then the customer was deceived to eat the food containing drugs without knowing it, which was an illegal and criminal act of deceiving others to take drugs and was suspected of cheating others to take drugs. Those who hold this view are mainly based on the requirements in the Notice of the Ministry of Public Security on Resolutely Stopping and Investigating the Illegal Activities of Doping Poppy Shell in Food (Gong Tong Zi [1993] No.71, which is invalid), that is, "Doping poppy shell in food to attract customers, attract repeat customers and expand business. Since customers are cheated to eat without knowing it, this kind of behavior is an illegal and criminal act of deceiving others to take drugs. " In recent years, there are still cases in which the procuratorial organs have brought a public prosecution to the court for the crime of deceiving others to take drugs. It can be seen that a small number of case handlers in public security organs and procuratorial organs still have this view.

It should be pointed out that the subjective motivation of food producers, operators and catering service personnel to add poppy shells is usually to seek economic benefits, rather than forcing others to become addicted to drugs. Therefore, the behavior of food producers, operators and catering service personnel to add poppy shells to food should be more in line with the subjective and intentional content of producing and selling toxic and harmful food. In recent years, the people's courts have ruled that the production and sale of toxic substances, as well as harmful food's illegal addition, can better prove this point.

of course, if there is evidence that some catering service providers' subjective motivation for adding poppy shells is to trick others into taking drugs, and catering service providers only do this behavior for a customer, it is not excluded that their behavior is likely to constitute the crime of deceiving others into taking drugs.

(3) Producing and selling toxic and harmful food

By consulting the judicial network databases such as the people's court's judgment document network and the non-litigation case network, the author found that most units related to food production and operation, after adding poppy shells to food, were ultimately convicted and sentenced for producing and selling toxic and harmful food. This is mainly because the crime, whether from the subjective intention of the crime or the specific performance of the behavior, is more in line with the constitutive requirements of the crime.

I hope the above contents can help you. If you have any questions, please consult a professional lawyer.

Legal basis:

Article 144 of the Criminal Law of the People's Republic of China

Whoever adulterates toxic and harmful non-food raw materials in food produced or sold, or sells food knowingly adulterated with toxic and harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and fined;

whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be punished in accordance with the provisions of Article 141 of this Law.

Item 1 of Article 34 of the Food Safety Law

It is forbidden to produce and operate foods made of non-food raw materials or foods with chemicals other than food additives and other substances that may be harmful to human health ".

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety (Fa Shi [2113] No.12) Article 9

In the process of food processing, sales, transportation and storage, toxic and harmful non-food raw materials are mixed or used to process food, toxic products are produced and sold in accordance with the provisions of Article 144 of the Criminal Law.