Abstract

This article examines Article 247 of the 2015 Criminal Code, as amended and supplemented in 2025, concerning the offence of cultivating opium poppy, coca, cannabis, or other plants containing narcotic substances, and assesses several difficulties arising in its practical application. The findings indicate that the current provisions remain unclear in determining what constitutes “cultivation”, counting the number of plants, proving the conditions for criminal liability, identifying the scope of “other plants containing narcotic substances”, distinguishing cultivation from post-harvest conduct, and applying exemption from criminal liability. On this basis, the article proposes amendments to Article 247, the issuance of consistent guidance for its application, and the standardization of procedures for scene examination, plant counting, and forensic examination in order to ensure accurate, consistent, and practicable determination of criminal liability and sentencing.

Keywords: Article 247 of the Criminal Code, plants containing narcotic substances.