Seed legality - Sally D

[Justler]

Hey guys,

Just out of curiosity I was wondering if Salvia Divinorum seeds are illegal?

The only information I could find on the matter is as follows;

"Salvia divinorum seed will probably be illegal as they are prepared plant matter. However, once they are treated (??!!) they will fall under the exclusion for treated seeds and may then be legal. There is no definition of seed treatment provided by the SUSDP or TGA, so this may be shaky ground." - Torsten 2002 [revised 2007]

Source: http://www.shaman-australis.com.au/Website/law/SalviaInTrouble.htm#seeds

As this was revised 4 years ago, just wondering if the legality of seeds is currently known?

I find it rather odd that Papaver Somniferum seeds are legal, and something like Salvia Divinorum may not be.

Further from this point, is anyone aware what factors lead a seed to becoming illegal? Is it based purely on the chemical make-up of the seed and whether or not the seed itself contains an illicit substance?

Sorry if this topic has been discussed prior, though I'm unable to find much conclusive data on the matter.

Note: I am aware that if one was to obtain seeds, on the rare chance they were to germinate, the seedlings definitely be illegal. And as such I have no intent to try. Just trying to gain a greater understanding of the law in relation to ethnobotany, given the the potential new implementation/amendments to drug schedules.

Thanks in Advanced,

Justler

[tripsis]

Not sure on the legality of possession, but from a quarantine point of view, they are a permitted import. Customs might see it differently (and probably do), so even if AQIS is fine with them, customs might come knocking on your door if they found them being imported (but of course, the seeds would need to be labelled as such for them to know what they are).

The likelihood of finding seed if very slim, as on the rare occasions that this species does set see, I would imagine people are pretty possessive of those seeds.

Anyway, someone should know better than me the laws regarding this plant.

[Torsten]

The plant is scheduled at various levels of drug legislation, so this would include the seed. Comparison to poppy seed is a bit weird cos salvia seed is not a food. All other seeds of scheduled drug plants are also illegal, ie if the botanical name is listed then this includes the seed. This is different from say Mimosa seeds, where only the active constituent of the plant is scheduled so the legality of the seed would depend entirely on whether the seed contains the drug or not

[incognito]

good luck finding sally seeds anyways. as far as i know its a myth.any pelican could pit some salvia whatever seeds up for sale and charge a fortune for them. doesnt mean they are divinorum.

Edited July 22, 2011 by incognito

[Justler]

Cool, thanks for clearing that up guys!