Australian Importation

[dollarjuice]

Ok so,

My understanding of the current quarantine laws is that spore prints themselves are not illegal, but importing them internationally into Australia can be a bit risky due to it breaking the quarantine laws.

I've also read around a bit on the internet and have heard that in more than a few cases some people have been hit with the maximum $2000 fine for breaking said laws.

So if SWIM was to order a spore print internationally and put the name of a previous tenant of their house on the address (there are about 5 of these people that were at SWIM's address and there is still mail coming for them after months and months of them not living there)and, unluckily, it was caught coming through quarantine, would SWIM be able to be held accountable legally for breaking said laws?

Any advice would be welcome. Thanks in advance guys!

[Foo]

Wow havent seen someone do the SWIM thing for a while.

[Slybacon]

A couple of points to consider regardless of the thing you wish to import-

A) Putting someone elses name on mail is old hat and well known about. If they really wanted to pin you they would, so don't pretend this will get you off. You would need to take all measures to ensure you cannot be linked to the the order, which sadly not many people would do. I don't have much to do with spore prints but my thoughts on the matter would be to try and find them locally rather than import.

B ) Try talking in a hypothetical manner rather than SWIM. In this case you could just ask the question as its still ok to ask but you do realise you posted specific details on how you intend to bend the law? If they wanted to quote your post in court SWIM would still go against your case. The mere fact you have asked about the topic would be enough. Maybe you could of said. Will spore print of {insert botanical name} be considered ok to import through quarantine rather then go into specifics about how to evade prosecution.

Edited August 1, 2011 by Slybacon

[dollarjuice]

Thanks for the advice guys I'll keep it in mind.

don't pretend this will get you off.

 

Had no intention of pretending this would get anybody off, was just making an inquiry.

[El Presidente Hillbillios]

Quarantine has a list of approved spores from import somewhere. If your talking about ps. cubensis, i know these are not on the list.

why go overseas for prints?

Edited August 1, 2011 by El presidente Hillbillios

[incognito]

obviously cos he cant get his hands on one here. if i had a spare one to give i would. seems a nice chap

[dollarjuice]

if i had a spare one to give i would. seems a nice chap

 

Oh incognito you're a charmer after my own heart.

And it would appear that a P. Cubensis spore print is pretty hard to come by. The fact that it's not the season either could possibly have something to do with it.

[Francois le Danque]

...don't forget all those exciting strains . when i see a spore print around here it's usually just "p. cube." not as exotic ;)

[Torsten]

Psilocybe spores are quarantine prohibited. The fine for this is no longer $2000, but up to $65,000.

Psilocybe spores are also customs prohibited. Import of any part of the plant [incl parts that do not ontain psilocybin] is illegal. A conviction for this would get you a federal drug imports conviction and criminal record.

Psilocybe spores are also specifically scheduled in some states and territories. ACT comes to mind [simply because they have such ridiculous drug laws], but I am not sure about others.

[∂an]

And it would appear that a P. Cubensis spore print is pretty hard to come by. The fact that it's not the season either could possibly have something to do with it.

 

Dude you live in the middle of gold-top central, in a month or two you should be able to make your own spore prints from local p. cubensis. Last summer I could see cubes dotting the fields from the train, so they are pretty easy to find!

[OPP]

Sorry to bring up an old thread.

I was always under the impression that the spores do not contain anything illegal and therefore were legal.

To use them to grow illegal mushrooms is illegal but for microscopy purposes is perfectly legal. The same way growing certain cacti is legal but ingesting them is not.

I think it would be pretty hard to prove you ordered the print it if it was addressed to someone else unless you admitted to it or it was opened.

Edited September 24, 2011 by OPP

[Psylo]

Sorry to bring up an old thread.

I was always under the impression that the spores do not contain anything illegal and therefore were legal.

To use them to grow illegal mushrooms is illegal but for microscopy purposes is perfectly legal. The same way growing certain cacti is legal but ingesting them is not.

The poster of #9 does, I believe, know his shit about legal status of various imports. You should run with that as the best answer.

And anyway, the topic isnt about legality of possession, its regarding importation. Theres plenty of 100% legal plant material/seeds/substances that cant be imported into Aus.

I think it would be pretty hard to prove you ordered the print it if it was addressed to someone else unless you admitted to it or it was opened.

 

So by your logic I can have a kilo brick of heroin shipped to me from Afghanistan, and as long as its marked to "Joe Bloggs" I'll be safe if it gets intercepted ?

[qwertyuiop]

Well shit, I can't afford $65,000...Better not import any then aye. I do however know of a recent success in importing a cube 'Cambodian' from an online spore seller in...The Netherlands. I believe it didn't take very long to arrive, was in a normal size letter, described on it "Spores- for microscopy". No signs of being opened by customs (Which I guess is pretty lucky because I was also under the impression they were legal due to the fact they didn't contain any scheduled chems) ..Well yea lucky guy whoever that was..

[OPP]

Since yesterday my views on importing spores has changed. I was misinformed.

What I was trying to say was that simply having a prohibited item delivered to your house does not mean that you ordered it.

If it I ordered an ounce of weed to my house with my name, opened it and was smoking it when the cops came to my house then sure I would get in trouble.

What if a pissed off ex girlfriend or enemy sent me an ounce of weed in the mail to my house. Does that make it mine?

I find it hard to believe that an unopened package addressed to someone else (or even yourself ) that arrives in your letterbox is enough for the police to press charges let alone hold up in court if that was all the evidence they had.

Not that I would want to test the theory but I would hope that our legal system was better than that.

LUWA- Spore prints get through customs all the time but sometimes they are intercepted and one print isn't worth $65,000 and possibly a search of your house IMO.

Edited September 25, 2011 by OPP

[Psylo]

Since yesterday my views on importing spores has changed.

 

It doesnt matter in the slightest what 'your views' are. That won't change the law.

And I dont know if you keep asking the same questions until you get a response that you want to hear, but that wont change the laws either. It has already been responded to.

Just so you dont feel misinformed any further, I'll write this in big red letters. The site administrator has already advised that IMPORTATION IS ILLEGAL . It doesnt matter in the slightest whether something is legal to possess in Australia or not, importation is a whole new ball game. You can be as naive as you want about you clever plans of mis-addressed packages, but it's a weak defense. Obviously you'll do what you want, but you have been repeatedly warned, and if you get busted you'll only have yourself to blame.

The only hope you have is if prints slip through un-noticed. For a paper-thin envelope, this happens often, and you will hear tales from otehrs that have ordered from the European FSR and received their print successfully. Dumb luck, or a dangerous lottery, you decide.

[OPP]

When I posted that it was legal to import spores yesterday that was what I believed and thought to be true. What I believed did not change the fact that it was illegal. Since that post my views have changed due to being informed by people on here.

I was WRONG and can admit it. I got it the first time but thanks for clearing up any doubt!!

Not sure which question it is that I keep asking over and over til I get the right answer.....

I have no plan on importing spores and I'm not here to start fights and bicker.

We both agree on the illegality of importing spores and the risks of importing spores so how about a truce??

Edited September 25, 2011 by OPP

[watertrade]

I was hoping (and still do!) that the member here who imported heaps of sporeprints without knowing the laws will come forward and tell his story. A great tale of having his house laid out on the front lawn by QLD police. It is a great story which ends well and is a good laugh. You know who you are!

[einseins]

Psilocybe spores are quarantine prohibited. The fine for this is no longer $2000, but up to $65,000.

Psilocybe spores are also customs prohibited. Import of any part of the plant [incl parts that do not ontain psilocybin] is illegal. A conviction for this would get you a federal drug imports conviction and criminal record.

Psilocybe spores are also specifically scheduled in some states and territories. ACT comes to mind [simply because they have such ridiculous drug laws], but I am not sure about others.

 

I have had cube prints come from a company in Europe fully marked as cubes OPENED BY CUSTOMS (as marked by them) and passed on to me with no issues....so please explain???? Also worth noting is the package was 'processed' by customs at Sydney (Clyde) then sent onto me in WA. Does all international mail go thru Sydney (doubt it) or was it detected in WA and sent to Syd then sent back? This was last year

Edited September 26, 2011 by einseins

[Psylo]

I have had cube prints come from a company in Europe fully marked as cubes OPENED BY CUSTOMS (as marked by them) and passed on to me with no issues....so please explain???? Also worth noting is the package was 'processed' by customs at Sydney (Clyde) then sent onto me in WA. Does all international mail go thru Sydney (doubt it) or was it detected in WA and sent to Syd then sent back? This was last year

 

Was it examined by AQIS enforcement agents? You have to remember that a lot of probibited imports have nothing to do with legal possession, its about protection of this country's existing biodiversity.

This continuing "But what about...." is potentially quite dangerous to a passing reader. I'm putting my money on what Tristen says regarding such matters. Everyone else can choose their own interperetation.

EDIT: Check out this link. DO spores contain psilo ?

Edited September 26, 2011 by Psylo Dread

[einseins]

Was it examined by AQIS enforcement agents? You have to remember that a lot of probibited imports have nothing to do with legal possession, its about protection of this country's existing biodiversity.

This continuing "But what about...." is potentially quite dangerous to a passing reader. I'm putting my money on what Tristen says regarding such matters. Everyone else can choose their own interperetation.

EDIT: Check out this link. DO spores contain psilo ?

 

I don't know if AQIS had any part in it, was no mention of them, just Customs. But I don't know why it went thru Sydney. Possibley AQIS WA detected and sent to Customs Syd (head office???) for assessment. Point 5 of your link (copied and pasted below) backs this possibility.

Customs are either incompetent or the spores are legal. I don't profess to know the ins and outs of AQIS and Customs, how they communicate etc, I'm just telling my story.

Do spores contain psilocybin? rumour is no, but rumour is also that importing spores is illegal (how's that for a circular arguement!)

Point 5 from you're link:

"5. Any plants (or parts of plants, including seeds), fungi (or parts of fungi), and plant products that are prohibited under the Customs (Prohibited Imports) Regulations 1956 that are found by quarantine officers will be referred to the Australian Customs Service."

From that I would say spores are a part of fungi and therefore illegal.

Edited September 26, 2011 by einseins

[Psylo]

While Post #9 could be wrong, I generally have put my faith in his words on subjects such as these, even long before I became a member of the forum and was stricly lurking *so no affiliation!*.

For a legal-illiterate like myself, the information online may be read like this (warning - this is probably a misinterpretation)

AQIS states:

1. Certain species of plants/fungi and plant products contain drugs or precursors of drugs that are prohibited under Customs (Prohibited Imports) Regulations 1956.

Wouldn't we say that a spore is a precursor to a fruit body ?

Schedule 4 of theCustoms (Probibited Imports) Regulations 1956 includes

213 Psilocine (otherwise known as

3-(2-dimethylaminoethyl)-4-hydroxyindole), including all fungi

that contain psilocine

214 Psilocybine, including all fungi that contain psilocybine

So, isn't AQIS effectively outlining that you cannot import the spores, while customs is saying you cannot import material containing the compound? It doesn't matter who governs the restriction, it's still there.

On a non-academic note, I will offer an opinion for consideration for those reading threads such as this and thinking they will 'chance it' with spore importation. In this age of Authoritarian privacy abuse in the name of community protection, databases of infinite capacity storing data on individuals - think for a minute if border protection agencies simply let your little print slip through, but log it anyway. Why wouldn't they, it's part of their on the job accountability. Now let's say that in 12 months you get busted for a minor drug offense, like smoking a joint outside a music venue. How well will you be prepared when the police raid your house (based on that old comment against your name that you imported a spore print) and look... they find three monotubs in full fruit producing several kilos of magic ? Or that they simply find all the gear for a grow, and decide to scan your PC for a historical summary on where you visit. Shroomery ! Looks like intent to commit crime right there.

This might sound like paranoid tin hat ranting, but as our freedoms are increasingly taken away by both govt agencies and private parties, the rules of engaging a suspect will be changing all the time. Legislation will pass under stealth (look at how quick the JWH018 ban rolled out. Weeks !!) and the careless will be swallowed up. My advice, keep your head down, and your name off the books for anything suss. Involve yourself in like minded real-life communities, or if not possible, online such as here, and most of all, be patient. Waiting for a year for good things to come to you is a damn sight better than spending a year in prison.

[Mr_PinK]

[moderator: this posts gives incorrect legal advice. please see post 25 for details]

spore prints of any genus are 100% legal to import into australia provided they have the correct documentation accompanying them as are alot of plants an seeds deemed a no go by most the majority of people are not aware of this though some are an choose not to share that information , as far as spore prints go only one public company provides this documentation to any non licenced researcher worldwide ( you and your microscope)

if research is your goal then you will not have an issue provided you have the correct documentation

[PhoenixSon]

Your on the goldie so it should be no problem getting yourself heaps of cube prints for microscopic purposes,

wait for lots of rain, then when it gets hot and sunny go for a stroll in some cow fields and have a look @ the local fungi. Heaps of fun.

[Torsten]

OK, I'll provide some more detail to make my original post clear.

Under the customs act's prohibited imports regulation schedule 4 part 214 it says "Psilocybine, including all fungi that contain psilocybine", so clearly prohibits all materials containing psilocybin and all species of fungus that contain psilocybin. This sentence is interpreted by some to mean that only fungus material containing psilocybine is illegal, but this is incorrect as shown in case law [ie people have been convicted for spore print imports under this act]. What it actually means is that all species of fungus that contain psilocybin are also covered under this law. And when a species is listed then this includes all parts of that species, including parts that do not contain the drug. if this was not the intended interpretation of the lawmakers then they would have likely omitted the second part of the sentence.

The whole genus is also listed under 'border controlled plants' in the federal criminal code act in an unambiguous manner, which is enforced by the federal police and customs in this regard. All parts of the organism are covered regardless of drug content.

The fact that there is no listing under AQIS means nothing. Well, it does mean that it has never been assessed as an import and hence is prohibited [all non-assessed items are prohibited]. Please keep in mind that AQIS only administers quarantine laws, ie a plant can be entirely legal under quarantine, but be prohibited under customs. These are independent pieces of legislation and enforcement.

So, if you were to get an S9 drug license that allows you to work with psilocybine and the matching customs permits, you could also apply to AQIS to have the species assessed and they may list it as permitted regardless of what customs says and hence allow the import.

Whether customs opened an item and let it through or not makes no difference to the next item. You might get away with it 10 tiems and then they nail you on the 11th. And chances are that if they get you for that one then they will also look at your records and do you for all prior imports. They can even prosecute you for prints that you were in the process of ordering, even if they have not arrived.

As for saying that someone else ordered them to you, make sure your story is watertight. Any credit card record, email or other evidence would be detrimental and may add charges of perjury etc. In some states drug matters are dealt with on a basis of the onus of proof being on the accused. Victoria is one of those states for example. So it would be up to you to prove that the spore print you have just taken possession of is not yours.

[Torsten]

spore prints of any genus are 100% legal to import into australia provided they have the correct documentation accompanying them as are alot of plants an seeds deemed a no go by most the majority of people are not aware of this though some are an choose not to share that information , as far as spore prints go only one public company provides this documentation to any non licenced researcher worldwide ( you and your microscope)

if research is your goal then you will not have an issue provided you have the correct documentation

 

This post is technically almost correct, but misleading in the context here.

Yes, it is legal to import spore prints IF YOU HAVE ALL THE RIGHT DOCUMENTATION. I don't think Mr Pink is aware of just what that documentation is though.

Psilocybe spores are drugs under the customs import reg as stated above and the criminal code act. They are also specifically scheduled in a number of states, such as ACT.

So, the right documentation would mean:

1) a permit from the state attourney general to deal with the state laws [where relevant].

2) a permit from the federal attourney general to deal with the criminal code act - border controlled plants.

3) a permit from customs to exempt from the customs act import regs S4.

4) an improt permit [or general assessment] from AQIS to satisfy quarantine regulations.

To get these permits you will needs to hold an S9 license, which is usually only issues to large research and educational institutions. These have stricts requirements like drug safes and other security features.

Even ignoring all of the drug implications, MR Pink's assertion is plainly wrong because there are many species of spores that are already quarantine prohibited and no import permits will be issued for them.

Bottom line is though that authorities usually only prosecute where there is a good chance of conviction. A researcher working at an established mycology lab will probably not have any trouble importing any quarantine approved spores for research. This is however unlikely to work for an 'enthusiast'. But even if there is no prosecution, you still need to ask yourself if you want to have your house turned inside out.