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  #1  
Old 10-10-2007, 03:12
trptamene trptamene is offline
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Pod Seller Busted On eBay

Federal drug agents have arrested a California man for allegedly selling opium poppy pods on eBay. A man, 30, was arrested at his home by Drug Enforcement Administration agents, who say they bought hundreds of pods from him last year.

SAN FRANCISCO -- Federal drug agents have arrested a Sacramento man for allegedly selling opium poppy pods on eBay, where he described the morphine-laden pods and seeds as a decoration.

A man, 30, was arrested at his home Thursday by Drug Enforcement Administration agents, who say they bought hundreds of the illegal pods from him last year.

The man appeared in a federal court in Sacramento and was released on a $50,000 property bond, the U.S. Attorney's office announced Friday. The man is scheduled to appear in a San Jose federal courtroom Feb. 6.

The man declined to comment on the case when reached at his home by The Associated Press.

Prosecutors allege that the man advertised and sold the dried Papaver Somniferum poppy pods on eBay last year.

Undercover DEA agents bought pods from the man twice, each time receiving a package of poppies, complete with a receipt, the U.S. Attorney's Office said. Each pod is about the size of a golf ball, and is attached to a two-foot-high stalk.

Richard Meyer, a spokesman for the DEA, said only three of 300 species of poppy are illegal, but the man was selling one of the prohibited kinds.

A San Francisco forensic scientist later confirmed that the pods contained opium poppy seeds, which in turn contained Morphine, prosecutors said.

The chemist indicated that the pods were shipped ready to be "steeped and ingested as a controlled substance with a psychoactive effect," according to the criminal complaint.

Kevin Pursglove, a spokesman for eBay, said the auction Web site remains vigilant in working with authorities to prevent the sales of such items online.

"We check the site frequently for any illegal or illicit items and we remove them as fast as we find them," Pursglove said.

In the early days of eBay, some people tried to sell marijuana on the service before they were quickly shut down, Pursglove said.

Trying to deal drugs online through eBay "might be one of the dumbest things you can do," Pursglove added. "Everything is traceable."

A search for opium poppy seeds on eBay's site Friday revealed sellers hawking "spectacular amazing giant opium poppy seed" and 150 "opium poppy seeds."

Source: poppies.org/2003/02/04/pod-seller-busted-on-ebay

Post Quality Evaluations:
Intersting article.

Last edited by Alfa; 08-06-2012 at 22:17.
  #2  
Old 10-10-2007, 03:44
enquirewithin enquirewithin is offline
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Re: Pod Seller Busted On eBay

There are, or were, plenty of pod sellers on Ebay, but describing them as opium poppies is very dumb.
  #3  
Old 10-10-2007, 03:57
Paracelsus Paracelsus is offline
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Re: Pod Seller Busted On eBay

Tehnically, plants of the species Papaver somniferum, of any variety, can be called opium poppy. What they didn't tell in the article was that most garden poppies are one of the 'prohibited species'.

The laws exist so the DEA can incarcerate anyone they please, but they aren't enforced on grandma's garden poppies. Or on commercially available poppy seeds, which are also P. somniferum and are reported to be psychoactive.

The poor guy was busted so another example could be set. More info about the war on poppy can be found in chapter 'Poppycock' of this book.

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Thats exactly what I was thinking when I was reading it
  #4  
Old 18-03-2008, 13:57
Alfa Alfa is offline
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Re: Pod Seller Busted On eBay

Poppies themselves are legal, but as soon as dried they fall under the UN convention on psychotropic drugs of 1961. Various parts of the plant fall under the conventions of the UN. The fact that they are for sale on the net or in flower shops does not mean you can not go to jail for it.
  #5  
Old 18-03-2008, 14:43
gunnaknow gunnaknow is offline
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Re: Pod Seller Busted On eBay

Is this just illegal in the US or is it illegal in the UK and the rest of europe aswel?
  #6  
Old 18-03-2008, 14:52
Paracelsus Paracelsus is offline
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Re: Pod Seller Busted On eBay

It is illegal in any country that signed the UN Convention of Psychotropic Drugs. That includes the UK and most (all?) European countries.
  #7  
Old 18-03-2008, 14:52
RaverHippie Gold member RaverHippie is offline
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Re: Pod Seller Busted On eBay

If you(gunnaknow) notice the post above yours you will notice that Alfa mentioned universal laws governing psychoactive substances which prohibit such purchases.

Last edited by RaverHippie; 18-03-2008 at 15:42. Reason: para beat me
  #8  
Old 18-03-2008, 15:10
fnord fnord is offline
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Re: Pod Seller Busted On eBay

Wow this is messed up!!,Could this be the start of an online war against entheogen dealers?


Quote:
The laws exist so the DEA can incarcerate anyone they please, but they aren't enforced on grandma's garden poppies.
SWEET!!!!!
  #9  
Old 18-03-2008, 16:53
HomerK HomerK is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by Alfa View Post
Poppies themselves are legal, but as soon as dried they fall under the UN convention on psychotropic drugs of 1961. Various parts of the plant fall under the conventions of the UN. The fact that they are for sale on the net or in flower shops does not mean you can not go to jail for it.
Granted advertising them for illicit use is illegal, but from as far as swim can see, they are sold for legitimate crafting purposes. Swim isn't sure how many, if any, buy them for such, but he'd be interested to read the relevant legislation.
  #10  
Old 18-03-2008, 17:06
ncsponger ncsponger is offline
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Re: Pod Seller Busted On eBay

Swim was under the impression that dried p. somniferums were totally legal unless it was obvious that the person possesing them was intending to use or sell them for consumption. This is not good.
  #11  
Old 18-03-2008, 17:12
Alfa Alfa is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by HomerK View Post
he'd be interested to read the relevant legislation.
Here you are: http://www.incb.org/pdf/e/conv/convention_1961_en.pdf

The legislation is very interesting and not very clear cut. Reading this one will make you understand drug laws around the world.

Last edited by Alfa; 18-03-2008 at 17:22.
  #12  
Old 18-03-2008, 17:20
dark12 dark12 is offline
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Re: Pod Seller Busted On eBay

Wow this is very interesting.
Someone I know said he purchased some dried pods from an online vendor. If he purchased around 30 pods should he be worried about the authorities?
  #13  
Old 18-03-2008, 17:23
HomerK HomerK is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by dark12 View Post
Wow this is very interesting.
Someone I know said he purchased some dried pods from an online vendor. If he purchased around 30 pods should he be worried about the authorities?
Swim can't imagine so. Swim knows someone who has made several purchases without anything happening.
  #14  
Old 18-03-2008, 17:29
dark12 dark12 is offline
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Re: Pod Seller Busted On eBay

Thanks for the reply.
That's good to hear. SWIM was going to send the money today and quickly became nervous when he saw this news.
  #15  
Old 18-03-2008, 22:38
bman1 bman1 is offline
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Re: Pod Seller Busted On eBay

These have all probably been posted already but here are several dea micrograms with arrests from growing small to large amounts of poppies and owning small to large amounts of dried poppy pods.

http://www.dea.gov/programs/forensic...107/mg0107.pdf

http://www.dea.gov/programs/forensic...905/mg0905.pdf

http://www.dea.gov/programs/forensic...904/mg0904.pdf

http://www.dea.gov/programs/forensic...704/mg0704.pdf

http://www.dea.gov/programs/forensic...103/mg1103.pdf

http://www.dea.gov/programs/forensic...3/03may-mb.pdf
  #16  
Old 19-03-2008, 14:51
e-spacecadet e-spacecadet is offline
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Re: Pod Seller Busted On eBay January 30, 2003

Quote:
Originally Posted by dark12 View Post
Thanks for the reply.
That's good to hear. SWIM was going to send the money today and quickly became nervous when he saw this news.
This is no longer really 'news' as it is from 2003 -

It was reported that the guy sold the 700+ pods to DEA agents between January 2002 & January 2003 as decorative items and had a disclaimer too.

Swim got 75 pods from some such vendor last week. One would'nt worry too much, unless there's a number of these reports all of a sudden.(someday..) Thousands of people buy and sell pods, and though they'll make an example of some little guys, they're gonna want to bust volume sellers much more than the buyers. (not enuf manpower anyway)
Who knows why they went after him, and not others.
  #17  
Old 31-03-2008, 17:40
chinpokomaster chinpokomaster is offline
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Re: Pod Seller Busted On eBay

I'm pretty sure that dried pods are legal to buy in the UK for floral decorating purposes.

They look lovely
  #18  
Old 31-03-2008, 17:48
fnord fnord is offline
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Re: Pod Seller Busted On eBay

Quote:
Undercover DEA agents bought pods from the man twice, each time receiving a package of poppies, complete with a receipt, the U.S. Attorney's Office said. Each pod is about the size of a golf ball, and is attached to a two-foot-high stalk.
Ive heard an rumer from a private source that this fellow was selling only the pods,no/very little stem/stalk was left on the pod. This could of been his downfall,or this could all befalse info.

Last edited by Alfa; 08-06-2012 at 22:18.
  #19  
Old 31-03-2008, 18:48
vile_audio vile_audio is offline
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Re: Pod Seller Busted On eBay

any update on this case what was his ruling this could've had the most impact on the legality of the ornaments we all so dearly love to appreciate the asteitc value of
  #20  
Old 01-04-2008, 23:55
ajm48786 ajm48786 is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by vile_audio View Post
any update on this case what was his ruling this could've had the most impact on the legality of the ornaments we all so dearly love to appreciate the asteitc value of
This was indeed back in 2003, apparently there is no word as to what eventuality came to be. One should search for this fellow by his name; and, they will be able to pursue the whole story in that manner.

Point being, while sad this fellow is/was a POW of the War on Drugs, he did advertise the pods in a manner that got the attention of the DEA/Ebay/"good citizen." When someone is that blatantly thumbing their nose at the government the government will do whatever they can to make an example out of them (as stated earlier). Think of Al Capone, he thumbed his nose like a moron; and, the treasury dept came after him with an Income tax evasion charge, a law few Americans at the time knew existed, and was rarely, if ever, enforced.

Had he advertised the Pods for the appropriate usage, he'd probably still be selling the beautiful work of nature people love to use for decorations/crafting. He was stupid about it. While Swim completely sympathizes with him, Swim understands that the STUPID political/legal climate of the Western World in regards to drugs meant he was going to get busted, it is that simple. Swim would bet if Swiy were to advertise Morning Glory Seeds as "Hallucinogenic Drug Seeds," the DEA/whomever would go after they as well.

Either way, another fellow that probably didn't do any significant wrong to anyone probably has lived a life of ruin since this unfortunate event. I haven't been able to find any information in regards to what eventually happened to him. Had this been a bust of someone that was selling the Pods for their proper purposes, then that would be a good cause for alarm; however, this was 4 1/2 - 5 years ago. Since that time the US economy has gone to shit, the DEA has shit for funding compared to pre-Iraq "War On Terror" BS. Swim isn't saying they don't have the resources to make another example out of someone, Swim is just saying they are probably desperate and would rather avoid trying to pursue something that would ultimately backfire.

Think of the outrage if they were to TRY to have a serious crackdown on this market. This plant grows wild throughout America; and, many prohibitionist Alcoholics have it growing in their yards (and some good people as well). It is a powder keg. The average person would not listen, they would almost certainly defy the government as the average joe did in alcohol prohibition. It would probably create an opening for a serious discussion of drug laws, which the DEA certainly would not want to happen, as they depend on the Drug War to make their livelihoods. Point being, they're strained, sure, they still can go make an example out of someone; but, they don't want a serious crackdown anymore than the many good crafters do. It would only serve the anti-prohibitionists.

Lesson to be learned: if one is to sell/buy these pods, make sure they buy them for the right reason, from a dealer that advertises them for the right purpose; and, if they're not buying them for the right reason, don't be a moron and provoke the drug agents unless there is a widespread revolution or something. The DEA will almost certainly focus more on the vendors than the buyers, though if a buyer were to be stupid, they could go after he/her. The DEA is more tied down with heroin,crack,etc than something that many many good people enjoy that happens to have a well kept secret potential for abuse. The DEA wants to keep the status quo, don't forget that. Cheers!

Last edited by ajm48786; 02-04-2008 at 02:34.
  #21  
Old 02-04-2008, 00:57
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Re: Pod Seller Busted On eBay

Perhaps you could copy the relevant info and edit your post, as links to other forums are forbidden here.
  #22  
Old 02-04-2008, 02:34
ajm48786 ajm48786 is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by radiometer View Post
Perhaps you could copy the relevant info and edit your post, as links to other forums are forbidden here.
I missed that rule, thanks. Cheers!
  #23  
Old 02-04-2008, 07:08
e-spacecadet e-spacecadet is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by ajm48786 View Post
Either way, another fellow that probably didn't do any significant wrong to anyone probably has lived a life of ruin since this unfortunate event. I haven't been able to find any information in regards to what eventually happened to him. Had this been a bust of someone that was selling the Pods for their proper purposes, then that would be a good cause for alarm; however, this was 4 1/2 - 5 years ago. Since that time the US economy has gone to shit, the DEA has shit for funding compared to pre-Iraq "War On Terror" BS. Swim isn't saying they don't have the resources to make another example out of someone, Swim is just saying they are probably desperate and would rather avoid trying to pursue something that would ultimately backfire.
Our economy & resources are a record lows. Saw a report on the coast guard off FLA. They catch drug runners around the clock and it's still just a drop in the bucket. These guys use 'home-made' submarines now! They can be chasing one boat while three get away - right in front of them. It gives me courage to order another box...

Found some info on the poor pod guy. One has seen contradictory reports as to how the pods were sold. Not sure if their description was at issue. One beleives the problem may have been an instructional document (recipe) sent out with the pods on how to "prepare" them..a la tea. Maybe some jackass higher-up thought he would be credited for the sting, which in his mind, would soon rid all American-based internet stores of pod sales.

Quote:
... (1972-) is a Sacramento, CA-based advocate for criminal justice reform, social equity and human rights. He has worked extensively with organizations such as Coalition for Effective Public Safety, Critical Resistance, Drug Policy Alliance, and Ella Baker Center for Human Rights. The man embarked on the path of social justice on January 30, 2003 when he was arrested at his home in Sacramento, CA by agents of the U.S. Drug Enforcement Administration. The focus of a 6-month investigation, the man was taken into federal custody on suspicion of having sold dried poppy pods over the Internet through his dried flowers and crafts products business.
Though dried poppy pods are widely sold in the floral industry for use in floral arrangements, they are actually listed as a Schedule II substance, under the name ‘poppy straw,’ due to their content of morphine, codeine and other alkaloids. While the man's arrest received notable media coverage, dried poppy pods have continued to be sold over the Internet, both for craft and ingestion purposes.
The man eventually pled guilty to one count of felony distribution of poppy straw and served a period of imprisonment at United States Penitentiary, Atwater, a federal prison in California’s Central Valley. It was during his experience with the federal drug courts and his incarceration that the man was profoundly moved by the extent to which drug laws cause more harm than they prevent.
“I have always felt that our government’s priorities were askew when it comes to drugs in society,” The man explained in an interview shortly after his release from prison in 2005. “But after doing time in federal prison, sharing space with so many men whose lives have been put on extensive hold because of government-imposed criminality, and seeing the visitation rooms where families have cried so much they have no tears left– I am even more sure in my opinion that the creation and enforcement of drug laws does nothing to protect the public from the risks associated with drug misuse.
“Rather, the war on drugs serves specifically– and PURPOSEFULLY– to imprison, marginalize and disenfranchise large sections of our society, in order to advance a conservative socioeconomic and political agenda that depends upon a non-representative electorate. If our nation’s drug policies were actually based in concern for public health, our tax dollars would be spent on science-based, population-appropriate drug education and compassionate treatment services for those suffering from substance abuse. Instead, we waste billions of dollars per year on paramilitary drug enforcement operations that do nothing to reduce substance abuse, and do everything to feed a multi-billion dollar incarceration industry. The end results: devastated families, decimated communities, widespread untreated substance abuse, and increasing public health risks. Ironically, these are the very things the war on drugs is purported to address!” cont'd. (Wiki it for the rest)

Last edited by Alfa; 08-06-2012 at 22:20.
  #24  
Old 02-04-2008, 08:11
OhCasey OhCasey is offline
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Re: Pod Seller Busted On eBay

Quote:
Originally Posted by ajm48786 View Post
This was indeed back in 2003, apparently there is no word as to what eventuality came to be. One should search for this fellow by his name; and, they will be able to pursue the whole story in that manner.

Point being, while sad this fellow is/was a POW of the War on Drugs, he did advertise the pods in a manner that got the attention of the DEA/Ebay/"good citizen." When someone is that blatantly thumbing their nose at the government the government will do whatever they can to make an example out of them (as stated earlier). Think of Al Capone, he thumbed his nose like a moron; and, the treasury dept came after him with an Income tax evasion charge, a law few Americans at the time knew existed, and was rarely, if ever, enforced.

Had he advertised the Pods for the appropriate usage, he'd probably still be selling the beautiful work of nature people love to use for decorations/crafting. He was stupid about it. While Swim completely sympathizes with him, Swim understands that the STUPID political/legal climate of the Western World in regards to drugs meant he was going to get busted, it is that simple. Swim would bet if Swiy were to advertise Morning Glory Seeds as "Hallucinogenic Drug Seeds," the DEA/whomever would go after they as well.

Either way, another fellow that probably didn't do any significant wrong to anyone probably has lived a life of ruin since this unfortunate event. I haven't been able to find any information in regards to what eventually happened to him. Had this been a bust of someone that was selling the Pods for their proper purposes, then that would be a good cause for alarm; however, this was 4 1/2 - 5 years ago. Since that time the US economy has gone to shit, the DEA has shit for funding compared to pre-Iraq "War On Terror" BS. Swim isn't saying they don't have the resources to make another example out of someone, Swim is just saying they are probably desperate and would rather avoid trying to pursue something that would ultimately backfire.

Think of the outrage if they were to TRY to have a serious crackdown on this market. This plant grows wild throughout America; and, many prohibitionist Alcoholics have it growing in their yards (and some good people as well). It is a powder keg. The average person would not listen, they would almost certainly defy the government as the average joe did in alcohol prohibition. It would probably create an opening for a serious discussion of drug laws, which the DEA certainly would not want to happen, as they depend on the Drug War to make their livelihoods. Point being, they're strained, sure, they still can go make an example out of someone; but, they don't want a serious crackdown anymore than the many good crafters do. It would only serve the anti-prohibitionists.

Lesson to be learned: if one is to sell/buy these pods, make sure they buy them for the right reason, from a dealer that advertises them for the right purpose; and, if they're not buying them for the right reason, don't be a moron and provoke the drug agents unless there is a widespread revolution or something. The DEA will almost certainly focus more on the vendors than the buyers, though if a buyer were to be stupid, they could go after he/her. The DEA is more tied down with heroin,crack,etc than something that many many good people enjoy that happens to have a well kept secret potential for abuse. The DEA wants to keep the status quo, don't forget that. Cheers!
I dont think it was thumbing his nose at the government that got Al Busted with the IRS, my guess is killing, rum running, illegal gambling, and prostitution led to his demise but thats just a guess.
  #25  
Old 02-04-2008, 11:19
wearestardust wearestardust is offline
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Re: Pod Seller Busted On eBay

To the person (sorry, forgotten who) who insisted that it is illegal to grow P.somniferum in the UK, may I humbly protest - I have personally been growing this sub-species, especially the 'Hens and Chickens' and 'Persian White' varieties for over twenty years and have confirmed with my lawyer that I am NOT committing any offence at all. These have been recognised garden plants for hundreds of years, and are offered annually in the largest companies' catalogues as seed. According to Scots Law, an offence is committed only if the pods are scored and latex collected from the scored pods. Merely growing this plant is not, and never has been, an offence against any drug law. If you give me a day or two I can come up with the references from the relevant Legal Books.
Also, dried pods are also quite legal. So long as they have not had the active ingredients extracted, which is an impossible thing to prove exactly who was responsible for such extraction. I can not find any prosecutions listed; the clsest thing I have found was a case in which several P.somniferum were found growing under sodium light along with a crop of marijuana; since they had not been harvestedin any way, although the procurator Fiscal attempted to make a charge of production of opium, the case was immediately thrown out of court by the Sheriff on the grounds that no evidence of opium production was shown - all the opium poppies were whole, uncut and only just beginning to flower (which was lucky on the part of the accused since that meant harvest was but days away!). So far as I am aware, the Law on opium as it stands in the UK, both Scotland and England/Wales, at the moment makes possession of opium, whether raw or prepared, the possession of instruments specifically designed for the smoking of opium except where they can be shown to be antiques bought as decorative objects, and the attempted production of opium by scoring the pods to enable the extraction of latex, all illicit; no other law concerning opium exists - it is classed 'A' in the MDA 1971; raw opium being Schedule I and prepared or medicinal opium Sch II.
WAS

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Well said and thanks for the info. Although I wonder how long before it offends the Daily Mail enough who will make it one of their "causes" to ban.

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crackdown, drugs, drugs-forum, opium, opium poppies, poppies, poppy, poppy pod, poppy pod legality, selling drugs

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