Is It Legal to Grow Papaver Somniferum Breadseed Poppy in the USA?

Understanding the Legality of Growing Papaver Somniferum

The question of legality surrounding the cultivation of Papaver somniferum, commonly known as the opium poppy, in the United States is somewhat nuanced. Due to its historical association with opium production, which can be synthesized from some varieties, Papaver somniferum is considered an illegal plant to cultivate according to the Controlled Substances Act. However, enforcement has been inconsistent, especially in the context of small-time gardeners who grow these plants for ornamental purposes.

What Is Papaver Somniferum and Why the Concern?

Papaver somniferum, an annual flower with bluish-green foliage and stunning flowers, is popular among gardeners for its aesthetic appeal. The primary concern with growing this plant is due to its ability to produce opium, a psychoactive substance, from the seed pods of certain varieties. Growing any part of the opium poppy, including the seed pods, is illegal in the United States, except for Papaver somniferum var. somniferum, which is cultivated for seed production and is limited to the cultivation of the seed.

Enforcement and Attitudes Towards Growing Papaver Somniferum

Most home gardeners who grow Papaver somniferum do so inadvertently, often unaware of its potential for producing opium. In such cases, law enforcement officials are generally not equipped or interested in enforcing this law. If a homeowner is found to be growing opium poppies, they are usually asked to remove them immediately, with no further implications. However, repeated offenses could result in harsher penalties.

Origins and Seeds: Where Do Poppy Seeds Come From?

The seeds from Papaver somniferum, commonly used in baking, come from various sources around the world. The main producers of poppy seeds are Turkey and the Netherlands. Poppy seeds used in baking are typically a familiar blue-grey color and are readily available in grocery stores. Interestingly, while the cultivation of the opium poppy for seeds is legal, not all varieties produce sufficient opium for legal concerns.

Historical Context of the Opium Poppy in the USA

The cultivation of Papaver somniferum for opium production has been a subject of historical legislation. The Opium Poppy Control Act of 1942 was repealed in 1970, indicating a shift in the legal stance towards Papaver somniferum used for ornamental purposes. However, the legal implications of cultivating Papaver somniferum vary widely depending on the context.