Solanaceae family

[finevinebotanical]

Hey im just wondering if its illegal to sell Nicotiana (tobacco), and Petunia (petunia)??

thanks

[Torsten]

yes and no.

[bℓσωηG]

no and yes and maybe not

[incognito]

wrong thread.

Edited December 14, 2010 by incognito

[tripsis]

Is the question about selling plants or their products? Is selling Nicotiana species as live plants illegal?

[bℓσωηG]

Is selling Nicotiana species as live plants illegal?

Im pretty sure growing them is, so selling live plants is also? A grey area perhaps.

[Torsten]

no gray area. all parts of tobacco plants are covered by excise laws. it is illegal to possess, sell, grow etc any commercail tobacco strain [currently defined as tabacum, sylvestris & rustica].

[tripsis]

But other species are legal then?

[finevinebotanical]

my strain isnt tabacum, sylvestris & rustica so is it legal ??

[Magicdirt]

Has there been anyone charged for a growing a small amount or is it larger growers trying to bypass the tax office that are targeted ?

[Torsten]

people have been charged for growing small amounts and the ATO is actively pursuing people who sell seeds [eg on ebay].

Thanks to a ruling last year which took 5 years of legal wrangling to obtain [thanks to everyone who helped!!], only 3 species are defined and hence restricted. If any other species is found in the future to be of commercial value then this could be added [probably at a much faster rate than it took them to come up with this ruling].

[Magicdirt]

Thanks Torsten

That's something to think about if they ever talk of legalising other oppressed herbs, it seems our tax office is an agent for multinational criminals and is more than willing to do their dirty work for them.

Tobacco in it's natural state is well known for it's curative effects for many ailments, it's when it's grown on superphosphates and adulterated with chemicals after the harvest that it becomes so dangerous. Genetic modification undoubtedly adds to to it's potential for addiction and increased harm due to excess consumption.

Before multinational companies got their grip on Australian tobacco production smokers of unadulterated tobacco often only smoked around three - five smokes of tobacco a day and many lived to 90 or older. It was around WW2 when American growing techniques (Virginian tobacco relies heavily on superphosphate use) were forced upon us that tobacco became so addictive and dangerous.

[finevinebotanical]

so it is legal to sell species other than commerical species , am i right ?

[finevinebotanical]

The species i have is Nicotiana alata , im pritty sure its ornamental anyway ?

[Alice]

so it is legal to sell species other than commerical species , am i right ?

 

I've seen nicotiana species sold in Bunnings and other nursery's as annuals, so I assume that non-commercial species are legal. I have no idea if they contain any nicotine, I guess not (or minimal amounts) because apart from the flowers they bear little resemblance too their large-leaved cousins.

EDIT: well i guess the leaves might, but they are MUCH smaller.

Edited December 16, 2010 by Alice

[ballzac]

How is the identification of seeds, plants, or leaves carried out for the purposes of prosecution?

[Torsten]

Until 2 years ago the sale of ANY Nicotiana species was illegal, regardless of whether you saw it being offered at bunnings or not.

N.alata is now legal to sell in any form as it is not one of the 3 restricted species.

Identification is done by botanists.

[finevinebotanical]

fair Torsten , i have got heaps of n.alata plants . Ill put them in another thread when there reading to sell/trade If anyones interested /

cheers

ez

[mutant]

This shit is impressive. Your laws take the cake! I hope you don't get you internet censored too!

[finevinebotanical]

Yer cheers for help Torsten and everyone else posted

I was clueless before