After reading an essay on opium poppy (now archived) by Michael Pollan, I’m worried and confused about the legality of planting Papaver somniferum in my parking strip garden. Is this permitted in Seattle?
While our library cannot offer legal advice, I will say that my understanding of Pollan’s essay is that knowingly growing the poppies with the intent of manufacturing narcotics would certainly be prohibited. However, the poppy is a ubiquitous plant in our area, and the overwhelming majority of gardeners are growing it solely for its beauty.
There is information about laws concerning controlled substances in the Revised Code of Washington(RCW 69.50.401), which describes prohibited acts as follows:
“[…] to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.” In the section which defines terms, poppy seeds are excluded:
“‘Opium poppy’ means the plant of the species Papaver somniferum L., except its seeds.”
Washington State University also addresses this issue:
“It is legal to grow Papaver somniferum in the United States for garden and seed production purposes; it is illegal to manufacture opium from the poppies.”
If you are concerned, I suggest contacting the King County Law Library for greater detail and professional expertise in legal matters.
As an enthusiast and knowledgeable individual in horticulture and legal regulations surrounding plants, particularly Papaver somniferum (opium poppy), I can provide detailed insights into its cultivation and legal nuances. I've extensively studied the cultivation of various plants, including the opium poppy, and have a deep understanding of the legalities surrounding its growth.
Regarding Michael Pollan's essay on opium poppy cultivation and its implications, it's essential to understand the legal framework before planting such species. The concerns you've raised about the legality of growing Papaver somniferum in your garden, specifically in Seattle, fall within a complex legal context involving both federal and state regulations.
The passage you provided touches upon crucial legal points, including RCW 69.50.401 in the Revised Code of Washington. This statute delineates prohibited acts related to controlled substances. It highlights that the law prohibits activities like manufacturing or possessing controlled substances with the intent to manufacture or distribute them. However, it's crucial to note the exclusion of poppy seeds in the definition of the opium poppy plant in this statute.
Washington State University's clarification also emphasizes the legality of growing Papaver somniferum in the United States for garden and seed production purposes, explicitly mentioning the illegality of manufacturing opium from these poppies. This aligns with the legal stance that the cultivation of opium poppies for ornamental or seed harvest purposes is generally permissible, whereas extracting narcotics from these plants is strictly prohibited.
This distinction between the lawful cultivation of Papaver somniferum for ornamental purposes or seed production versus the illicit manufacturing of narcotics from these plants is a crucial point in understanding the legal boundaries.
For further clarification and to navigate the legal intricacies specific to your location, reaching out to legal experts, such as the King County Law Library, is an advisable step. They can provide detailed, professional expertise on local regulations and offer guidance tailored to your situation, ensuring compliance with the law while enjoying the aesthetic and non-illicit aspects of growing opium poppies.
To summarize, cultivating Papaver somniferum for ornamental purposes or harvesting seeds is generally lawful, but extracting narcotics from these plants is strictly prohibited under state and federal regulations, as outlined in the laws and clarifications you've referenced.
