The criminal prosecution of harvesting raw sap from poppy or possession of Mexican Black Tar is caused by misapplying the statutes. . What happen is the cops don’t study the statutes and they misapply the statutes on the people. The legal system take advantage of the people who are illiterate or ignorant.
Indiana statutes exempt the harvesting the raw sap from poppy and the Isoquinoline from the control substance law
“Poppy straw” means any part, except the seeds, of the opium poppy, after mowing.”– Burns Ind. Code Ann. § 35-48-1-23
The narcotic drug is extraction from the poppy straw which are dried and mature poppy straws. The mature poppy straw is cut down that why it state that it is after mowing.
Scoring the poppy and harvesting the sap is exempt under Indiana statutes. When the poppy plant is growing, it doesn’t meet the definition of poppy straw.
Indiana statutes exempt the sap which contains isoquinoline alkaloid from classification as a narcotic drug.
The sap from the growing poppy bulb is not a narcotic drug.
The narcotic drug is the extract from the dry out poppy bub after cutting down (mowing).
If the poppy has not been mowed (cut down), the sap harvested from the bulb is not a control substance and not a narcotic.
Any molecule with the double carbon ring and the nitrogen on one of the ring belongs to the Isoquinoline group and it is exempt from the definition of narcotic drug.
The common words “heroin” doesn’t have the same definition with the statutory terms “heroin.” The statutory terms means a poppy salt. A salt has an alkaline metal like potassium or sodium.
Heroin in Schedule I is actually poppy bath salt. The “isomer” means the same chemical formula but the atom or atoms is arranged differently.
“(c) Opium derivatives. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted by rule of the board or unless listed in another schedule, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:…… Heroin (9200)”
– Burns Ind. Code Ann. § 35-48-2-4
The slang terms “Mexican Black Tar, dope, H, smack, junk, horse, and brown,” which is Diacetylmorphine or acetomorphine is not a salt and doesn’t meet the statutory definition of heroin and schedule I control substance.
Indiana Statutes exempt the ultimate user or the mule (slang for drug carrier ) from possessing Mexican Black Tar (slang for heroin).
An ultimate user doesn’t need a prescription. The prescription is for the pharmacist who is acting in the course of the professional practice.
The statutes apply to the pharmacist and not the ultimate user or the mule (slang for drug carrier).
The legal system is 180 degree to the statutes. The cops follow the legal advice and apply the statutes 180 out. They arrest the people for possession a substance that the statutes state it is exempt.