[HN Gopher] How the DEA scrubbed Thomas jefferson's poppy garden...
       ___________________________________________________________________
        
       How the DEA scrubbed Thomas jefferson's poppy garden from public
       memory
        
       Author : pera
       Score  : 127 points
       Date   : 2023-06-09 15:04 UTC (7 hours ago)
        
 (HTM) web link (www.alternet.org)
 (TXT) w3m dump (www.alternet.org)
        
       | Trouble_007 wrote:
       | Up in a Puff of Smoke!
       | 
       | > _Employees even gathered the store 's souvenir T-shirts with
       | silkscreened photos of Monticello poppies on the chest -- and
       | burned them._
        
       | sp332 wrote:
       | Now do eggplants.
        
       | ChrisMarshallNY wrote:
       | When I lived in Morocco, the field behind our house was an opium
       | field.
       | 
       | It wasn't just orange poppies. They were a bunch of colors.
       | Looked great.
       | 
       | My mother grew them in our back yard. My brother and I used to
       | chase each other with dried seed pods. They rattled, and, when
       | you smacked someone, the seeds would explode, getting into
       | everything.
        
       | zoklet-enjoyer wrote:
       | Growing poppies isn't illegal
        
         | mrelectric wrote:
         | Yeah, but you won't find opium poppies seeds anywhere online
         | anymore, even if you just want them for decoration/tea.
        
           | eindiran wrote:
           | This is completely untrue. Every major garden supplier will
           | sell them, and there are a number of places where you can
           | find cultivars bred for their alkaloid content. The latter
           | type is perhaps grey-area legal, but definitely still
           | available on the internet.
        
           | [deleted]
        
           | jdefr89 wrote:
           | Google poppy seed tea. You will find plenty of poppy seed
           | vendors lols
        
         | meesles wrote:
         | No one said that, read the article.
         | 
         | > Jefferson had planted opium poppies in his medicinal garden,
         | and opium poppies are now deemed illegal
         | 
         | Growing with the intent to produce opium is illegal. By
         | continuing his tradition in the museum, it was deemed a
         | continuation of production for drugs and so probably came under
         | scrutiny. I'm sure they could regrow a garden for decorative
         | purposes if they actually did that and were clear about it.
        
           | pera wrote:
           | I really don't know anything about this topic but according
           | to the DEA it is "technically" illegal:
           | 
           | https://scholar.lib.vt.edu/VA-news/ROA-
           | Times/issues/1991/rt9...
        
             | meesles wrote:
             | That's a cool source that contradicts the article posted
             | originally. In yours they say they won't prosecute, but in
             | the article it claims they were low-key threatened into
             | getting rid of the garden. Odd.
        
               | pera wrote:
               | Yeah found it after posting the article, although I
               | wouldn't say it contradicts the story (except for the
               | title), this is my interpretation: random DEA agent sees
               | something [1] that looks probably illegal during a visit
               | and notifies Monticello, Monticello then attempts to
               | confirm this with DEA through more official channels, who
               | then clarifies that it is technically illegal but they
               | wont persecute, even then Monticello decides to remove
               | the plants and seeds [2].
               | 
               | 1- `A DEA man noticed the store was selling packets of
               | "Thomas Jefferson's Monticello Poppies."`
               | 
               | 2- `Nobody told them to do this, but, under the
               | circumstances, no one dared risk the threat`
        
           | odensc wrote:
           | The article did say that:
           | 
           | > The seeds had to go, too. While poppy seeds might be legal,
           | it is never legal to plant them. Not for any reason.
        
       | tssva wrote:
       | This is not an accurate story. Monticello had for a while been
       | concerned about the legality of growing the plant and selling the
       | seeds. They first contacted the Department of Agriculture and the
       | Virginia Attorney General regarding this question. They didn't
       | receive clear guidance, so they then reached out to the DEA
       | regarding the legality. The DEA told them it was illegal but also
       | released a public statement that no enforcement action would take
       | place if they grew them solely for decorative purposes on the
       | estate. Monticello made the decision to go ahead and remove the
       | plants anyways on their own.
        
         | cwkoss wrote:
         | The DEA is not a good source of legal advice. It is legal to
         | grow Papaver somniferum in the United States for garden and
         | seed production purposes.
        
           | sidewndr46 wrote:
           | Not only is the DEA not a source of legal advice in any
           | capacity, they can lie to you if directed to.
           | 
           | Monticello stopped growing poppies because they asked their
           | legal counsel and they said "yeah that's a fast track to
           | jail"
        
             | tssva wrote:
             | Monticello contacted, I'm sure through their legal counsel,
             | the Department of Agriculture which indicated growing the
             | poppies in question was legal and the Attorney General of
             | Virginia's office who indicated that the law was
             | contridictary and unclear. This when they then contacted
             | the DEA for an opinion.
        
           | hn_throwaway_99 wrote:
           | Do you have evidence/sources for that? I did some searching
           | and couldn't find any primary sources that said growing
           | Papaver somniferum in the United States is legal. On the
           | contrary, nearly every primary source I found said that it is
           | _illegal_.
           | 
           | The Wikipedia article on the topic says this:
           | 
           | > Though "opium poppy and poppy straw" are listed in Schedule
           | II of the United States' Controlled Substances Act, P.
           | somniferum can be grown legally in the United States as a
           | seed crop or ornamental flower.
           | 
           | But the source reference to that sentence points to this
           | article, https://web.archive.org/web/20210421041214/http://ag
           | syst.wsu... , which states:
           | 
           | > 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.
           | 
           | However, that article doesn't seem to back that up with any
           | source material. On the contrary, it directly _contradicts_
           | one of its own listed sources, https://web.archive.org/web/20
           | 210421145024/http://www.hort.p... , which states "As the
           | peony flowered poppy, the opium poppy is widely grown as an
           | ornamental, even here in the US, where it is illegal to
           | grow."
           | 
           | That is, as best as I could find, growing Papaver somniferum
           | is still _technically_ illegal in the US, but basically all
           | enforcement agencies have said they 're OK with ornamental
           | use. Would love to see any contradictory evidence if someone
           | has it.
        
             | tssva wrote:
             | This link from the North Carolina State University
             | agricultural extension indicates it is illegal at least in
             | North Carolina.
             | 
             | https://plants.ces.ncsu.edu/plants/papaver-somniferum/
        
             | jtode wrote:
             | Weed grower for about ten years here. If you've paid any
             | attention at all to the legal industry, you'll see that
             | there's an endless supply of new "genetics" coming out (99%
             | hype bullshit) and some famous names like "Kush," "Diesel,"
             | etc.
             | 
             | These are called cultivars, the same species but much like
             | dog breeds, you can select for attributes like potency,
             | flavor, etc.
             | 
             | I've never seriously tried to grow opium, but I have had
             | poppies in the garden and I've attempted to slice and get a
             | bit of latex from them, and basically the seeds they sell
             | for gardens are a weak cultivar that is not suitable for
             | opium production. If you look at the Wikipedia page it's
             | got a picture of what appears to be an Afghan farmer
             | collecting latex, and you can tell from the photo that this
             | is a heavy latex-producing breed, very different from what
             | we can grow legitimately here.
             | 
             | I'm sure seeds for that cultivar can be acquired fairly
             | easily, but I wouldn't know how.
        
         | TigeriusKirk wrote:
         | Interestingly, the wikipedia article for papaver somniferum
         | includes the op version of the story, linking to op as a
         | source.
         | 
         | https://en.wikipedia.org/wiki/Papaver_somniferum#History
        
         | celtoid wrote:
         | I was living in Charlottesville at the time and I remember
         | this. Charlottesville had just made national news because of a
         | huge drug bust at UVa (Operation Equinox). Monticello was
         | covering its bases.
        
         | hn_throwaway_99 wrote:
         | You mean some raving diatribe on the Internet is actually total
         | bullshit? Shocking!
         | 
         | In all seriousness, thanks very much for your post, it's the
         | kind of informative content that I really appreciate about HN.
         | 
         | At the same time, this blog post gets to everything I hate
         | about the Internet and online discourse these days: nobody even
         | _attempts_ to argue in good faith anymore. US drug policy over
         | the past century is rife with plenty enough problems that you
         | don 't need to blatantly make shit up to get your point across,
         | as this author did.
        
         | garbagecoder wrote:
         | Thank you.
         | 
         | Also, the headline is self-contradictory. How could it be
         | scrubbed from public memory and then there's an article. Maybe
         | they _tried_? But apparently that 's not really true either.
        
           | mrguyorama wrote:
           | The alternative facts news-sphere ALWAYS plays the "HERES
           | WHAT _THEY_ DON 'T WANT _YOU_ TO KNOW but for some reason a
           | random dude on the internet totally uncovered this top secret
           | situation but he doesn 't even work for the air national
           | guard or use discord"
        
             | garbagecoder wrote:
             | as a former (army) nasty girl I sincerely appreciate your
             | mildly pejorative use of the air national guard. (;
        
               | mrguyorama wrote:
               | I meant it as a reference to the kid leaking intelligence
               | secrets for discord clout
        
               | garbagecoder wrote:
               | oh, right. well I still appreciate it (;
        
         | BeetleB wrote:
         | Ah, Alternet. I didn't realize they still existed. When I was a
         | news junkie it was one of my sources of information - until I
         | started digging deep and learned how inaccurate it often was.
        
         | meesles wrote:
         | Sharing a source linked below that confirms this comment and
         | seems to disprove the article posted -
         | https://scholar.lib.vt.edu/VA-news/ROA-Times/issues/1991/rt9...
        
       | zanethomas wrote:
       | strange that a constitutional amendment was required to ban
       | alcohol, but none was required for other drugs
        
         | pfannkuchen wrote:
         | Everyone reading this who isn't familiar with Wickard v.
         | Filburn please look it up on Wikipedia. Greater awareness of it
         | would be really helpful. It is a blatantly insane
         | interpretation and a huge amount of power at the federal level
         | is built on top of it.
        
           | mrguyorama wrote:
           | Even if you don't enjoy that interpretation of
           | 
           | "To regulate commerce with foreign nations, and among the
           | several states, and with the Indian tribes;"
           | 
           | You cannot deny that "among the several states" can be
           | interpreted to mean congress can regulate commerce in the
           | states.
        
             | pfannkuchen wrote:
             | I'm not sure what you mean? I think that pretty clearly
             | refers to commerce _between_ states. How are you
             | interpreting it differently? They just really casually and
             | implicitly gave the feds the power to regulate all
             | interpersonal transactions within each state? I think they
             | would have said that explicitly if they meant it, no?
        
               | mrguyorama wrote:
               | "Among the several states" does not conclusively disallow
               | congress from regulating intrastate commerce in my
               | opinion. How does "among" restrict the regulation only to
               | things going _between_ the states? What definition of
               | "among" limits the rest of the clause to only certain
               | interactions involving commerce flowing through multiple
               | of the states?
               | 
               | If I regulate commerce specifically in the state of
               | Virginia, which is a member of the set of states, IMO I
               | am regulating commerce among the states. The rest of that
               | section of the constitution is all about how the
               | Government's laws should be equal across all states, ie
               | there is no favoritism, so that also leads me to believe
               | this could be about keeping the government fair, rather
               | than limited.
               | 
               | Keep in mind a huge point of the Constitution superseding
               | the articles of confederation was that interstate
               | activities were a pain in the ass and trade treaties were
               | a dumpster fire. Giving congress final say over trade in
               | the Union is absolutely compatible with that. It was not
               | a document about keeping the Feds out of the business of
               | the states. It was entirely about giving the federal
               | government MORE power over the affairs of the states
               | because the previous federal government was basically
               | useless and at the whims of powerful state governors who
               | absolutely did not want to stop being the kings of their
               | little fiefdoms.
        
         | vanattab wrote:
         | It was not and is not required! Many states and locations
         | locally banned alcohol before and after prohibition. What did
         | take a constitutional amendment was ending prohibition but only
         | because it was implemented through a constitutional amedment.
        
           | pfannkuchen wrote:
           | It took a constitutional amendment to do it at the federal
           | level. Congress would not have been able to pass such a law
           | constitutionally prior to Wickard v. Filburn.
        
         | zeroonetwothree wrote:
         | It wouldn't require an amendment today. Sadly the courts have
         | supported a huge increase in the federal government's police
         | power over the years.
        
           | [deleted]
        
           | pc86 wrote:
           | It didn't _require_ an amendment in the past either.
        
             | mcbits wrote:
             | The Supreme Court could have chosen not to interpret the
             | Commerce Clause so broadly to say that _not_ engaging in
             | interstate commerce affects interstate commerce and
             | therefore counts as interstate commerce (IIRC that started
             | with wheat, not drugs), in which case most federal drug
             | laws would not apply unless the activity actually involved
             | interstate commerce. Then an amendment would be needed.
        
               | pc86 wrote:
               | Yes, had things been different they would have been
               | different. I'm not sure what the point of that statement
               | is, honestly.
        
         | xeromal wrote:
         | The amendment was a goal by prohibitionists to ensure the law
         | wouldn't be easily repealed. To their chagrin, they didn't
         | realize the will of the people in banning their ridiculous
         | amendment.
        
           | rayiner wrote:
           | Prohibition obviously reflected the will of the people--it's
           | impossible to amend the constitution without supermajority
           | support. The Volstead Act was approved by overwhelming
           | majorities of both houses, and then ratified by 46 of 48
           | states.
           | 
           | It wasn't "ridiculous." It was one of the first things women
           | did with the vote. It probably would've worked if it hadn't
           | been for Irish and Italian immigrants.
        
             | throwway120385 wrote:
             | I think there's more to it than "immigrants love their
             | alcohol so much they started whole criminal enterprises."
             | It's probably coincidental that the biggest names in
             | illicit alcohol during that era happened to be Italian
             | crime family names.
             | 
             | In the south there were so many bootleggers that they used
             | to race each other around tracks to see who had the fastest
             | car. This would eventually become Nascar.
             | 
             | I think it's more accurate to say that there was
             | overwhelming support for Volstead from people in power who
             | were swayed by the narrative that alcohol was draining
             | families of resources and dis-inhibiting otherwise good men
             | from hitting their wives and children. But there were also
             | a lot of people who didn't let alcohol ruin their marriages
             | and family relationships, and those people would eventually
             | get the act repealed.
        
               | xeromal wrote:
               | Speaking of Appalachian bootleggers, my great grandpa was
               | one. There are ruins far in the woods outside my
               | childhood home when you can see the old infrastructure
               | and a pile of rusty cans that used to be 10 ft high. It's
               | mostly disintegrated now. My great grandpa retired from
               | it when he was visited by some rival Italians who wanted
               | to have exclusive access to him. He was offered the
               | choice to retire or serve them exclusively so he gave up
               | the business and went back to farming.
        
               | rayiner wrote:
               | Prohibition wasn't repealed because we determined
               | "alcohol isn't so bad." To this day, alcohol remains
               | tremendously damaging to women. 70% of sexual assaults
               | involve alcohol use by the perpetrator. 55% of domestic
               | violence incidents involve alcohol use prior to the
               | incident. Obviously that doesn't exculpate the
               | perpetrators. But those bad people will exist no matter
               | what--alcohol pours fuel on the fire.
               | 
               | We repealed prohibition because it proved unenforceable.
               | And Irish and Italian immigrants had a tremendous amount
               | to do with that, both because of their participation in
               | organized crime and because of their cultural acceptance
               | of alcohol. (To this day, the divide between people who
               | supported temperance and those who got it repealed lives
               | on in who serves grape juice at communion and who serves
               | wine. Even a century of integration later, there's a
               | marked difference between evangelical Protestants and
               | Catholics in terms of regular alcohol use.)
               | 
               | After all, it's not like banning alcohol is impossible.
               | Alcohol use is extremely restricted in many countries
               | around the world.
        
               | pfannkuchen wrote:
               | Is German or English beer culture new? They may be
               | culturally less prone to skirting the law than Irish or
               | Italians (want to stress the word _culturally_ here), but
               | I don't really see how we can attribute it to a cultural
               | difference in the acceptance of alcohol.
        
               | rayiner wrote:
               | Temperance was an outgrowth of religious movements that
               | occurred within American Protestantism in the late 1700s
               | and through the 1800s:
               | https://en.wikipedia.org/wiki/Temperance_movement. The
               | seeds of this were sown back in Europe (John Wellesley
               | for example) but those groups like Baptists, Methodists,
               | and Quakers who opposed alcohol (and still do) had a lot
               | more influence in America than they did back in Europe.
               | And since the country was new they had a greater ability
               | to reshape the culture.
               | 
               | So the relevant cultural difference is between these
               | American Protestants, who had been diverging from Europe
               | for 100+ years, and immigrants from continental Europe,
               | who hadn't experienced that cultural change.
        
         | jk_i_am_a_robot wrote:
         | It wasn't required. It was a moonshot that worked.
        
         | burkaman wrote:
         | I don't think an amendment was required. Alcohol could have
         | been banned at the time through legislation, it just would have
         | been easier to reverse and maybe less universal.
        
           | pfannkuchen wrote:
           | That's not correct as far as I understand it. Prior to
           | Wickard v. Filburn the federal government did not have the
           | power to ban substances (since it isn't explicitly specified
           | in the constitution). If congress had passed a law doing so,
           | that law would have been considered unconstitutional. Wickard
           | v. Filburn is obviously ridiculous and should be overturned,
           | but it never will be.
        
             | burkaman wrote:
             | The way I interpret a decision like that is the court
             | saying "yes the government does have the power to do this
             | and it always has, it is specified in the constitution and
             | if you thought otherwise you've been reading it wrong."
             | It's sort of a pointless philosophical distinction, but I
             | wouldn't say the government didn't have that power before
             | the decision, I'd say they did but they never tried to use
             | it (unless the court was overturning a previous decision).
             | 
             | I'm aware that the Supreme Court sometimes completely
             | changes its mind in a matter of decades, so it's possible a
             | legislative prohibition would have been struck down 20
             | years before Wickard v. Filburn, but it's also possible the
             | court would have come to the same unanimous decision. I
             | don't know anything about legal history so if there's some
             | obvious reason the 1918 court would have ruled differently
             | then I apologize.
        
         | beerpls wrote:
         | Alcohol was used by more people. The governmental play that had
         | to be carried out to make the people tolerate the tyranny was
         | minimal.
         | 
         | Remember it's not about what a piece of paper says the rules
         | are - it's what you can get away with in power.
        
         | willcipriano wrote:
         | We used to be a republic, now we are a democracy.
        
         | masfuerte wrote:
         | They weren't bans originally. They were huge taxes that nobody
         | could afford to pay. The bans came later after the supremes
         | gave carte blanche to the feds.
        
       | celtoid wrote:
       | Great book as referenced in link.
       | 
       | "Opium For The Masses" by Jim Hogshire, 1994 [0]
       | 
       | [0]
       | https://ia800802.us.archive.org/9/items/armchaircommando/Opi...
        
       | JoeAltmaier wrote:
       | And the poppy is the California state flower! Can't use it; can't
       | plant it; and in California you can't eradicate it! A lovely
       | world we're in.
        
       | jk_i_am_a_robot wrote:
       | "Opium" poppies are still grown at George Washington's estate,
       | Mt. Vernon (https://www.mountvernon.org/the-estate-
       | gardens/gardens-lands...). Since it's also in Virginia I assume
       | it's governed by the same state and federal laws as Monticello.
        
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       (page generated 2023-06-09 23:02 UTC)