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Torsten

Important legal update for NSW and Qld

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In NSW GABA is now a listed schedule 1 precursor. This means that possession is OK as long as you can show intent other than drug manufacture. However you can no longer supply [sell, trade or give] GABA to anyone if you live in NSW unless you comply with the precursor supply rules. I suggest that anyone in need of GABA quickly stock up from other vendors as this law will probably affect all states shortly. Gaba will store well in the fridge or freezer.

In NSW all stillheads are now scheduled apparatus. Same deal as above - possession for legit purposes is fine, but sale is restricted. Same now applies to condensors of size 19 and greater.

In Qld there has been some major addition to the drug schedule. The following plants have been added: Ephedra spp. Erythroxylum coca & novogranatense, Catha edulis, Lophophora, Mitragyna speciosa. There have been quite a few changes to the law there and I will detail these shortly. Mind you these addition do not really make a difference to the legal position of these plants as these were previously already illegal under the 'any substance that contains a scheduled drug is deemed to be that drug' laws. It just makes it easier and more certain to get successful prosecutions. Note that in Qld this law applies to all 'substances', which includes plants [rather than 'preparations and admixtures' as it is in most other states].

Furthermore has the analogs clause in Qld changed. It is now much broader in the way it defines 'structurally related' [ie in the way it lacks the definition], but it has narrowed it down somewhat by including 'AND pharmacologically of similar action'. ie, you can now make analogs that are inactive or that have an activity that is very different from the scheduled drug.

[edited to include ALL Loph species]

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Yay!

Luckly i got rid of my lophs and all my plants!

This is rediclous!

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Hi Torsten,

Regarding these law changes, where can I find the information myself? I was under the (perhaps naive) impression that all glassware was legal in NSW before I read your post.

On another note, it's been stated that books (RC) ordered from Amazon have been getting through? I've never ordered from Amazon before, is the packaging distinctive or features anything to identify it is from amazon? What type of shipping methods are best? What would happen if customs do find RC publications?

Cheers.

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where can I find the information myself?

The respective state government legislation websites.

I've never ordered from Amazon before, is the packaging distinctive or features anything to identify it is from amazon?

yes, it has their logo on the box.

What would happen if customs do find RC publications?

RC publications can be seized and destroyed [if they recognise them]. if they are clandestine chemistry books you may also be charged under state law that prohibits these [in most states], which carries maximums ranging from 7 to 25 years.

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Its all a bit over the top but the banned books scares me the most.

But it seems the Ephedra plant ban is a move toward heavier restrictions on home grown medicines? or am I just paranoid

Big Rudder is watching

post-146-1206121185_thumb.jpg

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The ephedra restriction is definitely in response to the meth problem here. I think the TGA had been quite satisfied with it's restriction of ephedra as a medicine, but the states still have to struggle with it being a feed stock for meth production. Qld is meth capital of australia so I am not surprised they went first.

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where does this leave the seeds of those particular plants?

what a ludichist situatuation. no one has the right to deprive one of such valuable medicine. not even the government.

fuck the corrupt TGA. i see nothing has changed under the new gov.

what a joke.

Edited by ethnodude

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where does this leave the seeds of those particular plants?

When a species is scheduled then this includes all parts of the plant [incl seeds]. I never understood why anyone would doubt this :scratchhead:

fuck the corrupt TGA. i see nothing has changed under the new gov.

umm, these laws were made by the respective state governments under their drug laws and have nothing to do with the TGA. In fact, since the new govvy I don't think the TGA has doen anything, so we don't really know which way it will go. Then again, I doubt there will be much change in that respect.

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Given what was said about L.williamsii and the "any substance that contains a scheduled drug is deemed to be that drug' laws", doesn't this mean that anything which contains a certain PEA is illegal to possess in QLD?

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Given what was said about L.williamsii and the "any substance that contains a scheduled drug is deemed to be that drug' laws", doesn't this mean that anything which contains a certain PEA is illegal to possess in QLD?

technically yes. If the cops ever decide to target these other plants then the queenslanders are screwed.

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:ana:

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so does this mean if i ordered some loph seed or another scheduled plant i could be in some shit? just for ordering seed?

:angry:

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Oh excellent, in regards to lophs any idea on what the penalty would be or how it would be decided? ie wet weight, mescaline content, etc?

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U would be charged per plant, like cannabis plants, I would think, so if u've got more than a handfull u'll be pretty fucked.

10 lophs should be the same as 10 cannabis plants.

Edited by shruman

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So if the laws start being enforced in that way and cacti are subject to similar sentenses as marijuana it may encourage cactus collectors to grow their own pot because it wouldnt make then all that much more screwed if they got raided, wow the law makers really thought this through :P

Given the damage done by elected officials I think we should make voting illegal :wink:

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So if the laws start being enforced in that way and cacti are subject to similar sentenses as marijuana it may encourage cactus collectors to grow their own pot because it wouldnt make then all that much more screwed if they got raided

Lol Auxin! I just had the same thought! They´d be fucked anyway! bye Eg

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How would a grafted plant be viewed in such laws?

Hmm Im fucked, time to sell up.

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Each scion should be its own plant I would think.

U might be able to still grow diffusa, not real sure though.

Edited by shruman

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Ahh yes ok so specifically L. williamsii is schedualed. Any idea on what taxonomy this is based? ie are fricii, koehresii williamsii ssp or diffusa ssp or there own species?

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It realy depends how the law looks at it, Cannabis sativa is scheduled but most would argue indica & ruderalis (possibly others) are there own species but the law does not & its the same for C indica as C sativa.

I do'nt think there would be any hope for williamsii ssp

Edited by shruman

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Hi, the following links might be useful,

Reguarding schedules:

NSW SUSDP- With minor state variations NSW Health

QLD Drugs Misuse Ammendment Act-2008 QLD-legislation

On another note, Kava up for review by the NDPSC to be reschedulled in the SUSDP to S4. NDPSCFeb 08.

My apologies if this has all been covered.

Cheers

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Any graft would be regarded as a separate plant I would think.

Once a plant is named by species as a prohibited plant then the penalties are usually by number of plants eg, it is pretty unlikely not to get jail for 50+ cannabis plants, so the same would apply to peyotes in theory.

All Loph species are covered regardless of other nomenclature.

re kava, was a bit shocked when I saw that a few days ago. S4 means we would not be able to sell it anymore so stock up now. Then again, not all decisions end up as proposed and this might yet fail.

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I have been wondering if any of the corroboree make submissions to help sway the NDPSC members' decisions on scheduling. Perhaps, it's wishful thinking, that we can make a difference. I hope I don't come off sounding too ambitious, but I would rather try and fail, rather than do nothing. I am sick of waiting and watching one legislation after another, banning medicines or ethnobotanicals.

One thing that I don't understand is about the decision-making is, they post public notices of what they are proposing to make amendments to, i.e. kava to S4 in the pre Feb 08 gazette. However it is now March and no post Feb notice has been made nor records of reason.

The TGA website was down for a little while but since, I have found the date, the public notce will be available April 9. Here is a list of dates if anyone is interested. Schedule

Personally, I find it a bit awkward navigating through these government websites, hope this helps.

Concerning business, does the state or relevant authorities compensate for the losses due to legislation? Regarding your store Torsten, you can no longer sell GABA or stillheads, what happens to your remaining stock or for the matter stock of herbalistics up north? I really hope this hasn't affected any ethnobotanical store too much.

I've asked previously, but could anyone post a link to the relevant documents regarding GABA\glassware in NSW?

Edited by instinct0

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