Marwaha v UK Border Revenue Agency (Cash and Compensation Team): Admn 2 Nov 2017

Flower Arrangers’ poppy straws not controlled

The court was asked whether the definition of poppy straw in the 1971 Act applied to poppy head and poppy heads and stalks imported by the Appellant for use in flower arrangements.
Held: On the correct interpretation of the statutory definition of poppy straw the two consignments in issue did not comprise poppy straw because the relevant poppies had not been mown and so the relevant poppy heads (with and without stalks) were not parts of the poppy after mowing. Rather, they had been harvested or picked with care in a way that preserved those heads for use for ornamental or decorative purpose, including floristry.

Charles J
[2017] EWHC 2321 (Admin), [2017] WLR(D) 727
Bailii, WLRD
Misuse of Drugs Act 1971
England and Wales

Customs and Excise, Crime

Updated: 09 November 2021; Ref: scu.599411