United States v. McCarthy.
No. 25-5026. 5/6/2026. N.D.Okla. Judge Hartz. Controlled Substances Act—Sale of Unprocessed Poppy Seeds—Distribution and Possession of Drug Precursors—Dismissal of Charges.
May 6, 2026
Brandon and Rachel McCarthy operated Lone Goose Bakery, an online store that primarily sold unprocessed poppy seeds coated in opium latex. Most Lone Goose Bakery customers were individuals who purchased the poppy seeds for personal consumption rather than bakeries or other businesses that would use the seeds for food production. The McCarthys published e-books and videos with guidance and recipes for making poppy seed tea, which causes effects similar to consuming pharmaceutical opiates, such as addiction, unconsciousness, overdose, and death. A Lone Goose Bakery customer bought unprocessed poppy seeds, drank poppy seed tea, and died from an overdose. The McCarthys were indicted on 41 counts in connection with their poppy seed business, with some counts based on the contention that the poppy seeds were controlled substances and others based on the contention that the seeds were precursors for controlled substances. The McCarthys moved to dismiss all charges on grounds that (1) the Controlled Substances Act (CSA) excludes prosecution of the sale and possession of poppy seeds; (2) if the Act is ambiguous in that regard, the rule of lenity requires dismissal; and (3) the Act is unconstitutionally vague if construed to prohibit their sale and possession of poppy seeds. The district court granted the motion.
On appeal, the government challenged the dismissal of the charges predicated on allegations that the McCarthys distributed and possessed drug precursors. The CSA prohibits manufacturing, distributing, dispensing, or possessing controlled substances except in a manner authorized by the CSA. The CSA also forbids the possession or distribution of items to be used to manufacture controlled substances. Here, counts 11 through 17 of the indictment charged that the McCarthys knowingly and intentionally possessed and distributed unprocessed poppy seeds coated in opium latex, a material used to manufacture a controlled substance, with reasonable cause to believe that the material would be used to manufacture a controlled substance in violation of the CSA. The McCarthys maintained that the poppy seeds they distributed and processed were not “material” within the CSA’s meaning and that the production of poppy seed tea containing controlled substances is not the “manufacture” of a controlled substance under the CSA. The CSA defines neither term. But given the ordinary meaning of “extraction,” the process of making poppy seed tea can be described as extracting controlled substances from unprocessed poppy seeds, and under the CSA, “extraction from substances of natural origin” is manufacturing. Producing poppy seed tea is therefore manufacturing. The Tenth Circuit similarly found no reason to exclude poppy seeds from the ordinary meaning of the word “material.” Further, the CSA’s exception for poppy seeds does not preclude prosecution for the possession or distribution of poppy seeds as Schedule II substances because many substances that are not dangerous in general and are not listed in the controlled substance schedules can be prosecuted when they perform a role in manufacturing controlled substances (e.g., items used to manufacture methamphetamine, such as lithium batteries, coffee filters, and drain cleaner). And the government can obtain a conviction only if it proves beyond a reasonable doubt that the McCarthys knew or intended that the poppy seeds would be used to manufacture opioids.
Given the conclusion that a natural reading of the CSA encompasses the conduct with which the McCarthys are charged, the statute is neither ambiguous nor unconstitutionally vague as applied to them, and the rule of lenity does not apply.
The dismissal was reversed in part, and the case was remanded for further proceedings.