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myco

Lophophora williamsii illegal in W.A.

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i just got a generic but officious letter in the mail stating that they had noticed I have purchased seeds and possibly plants OS and that I make sure that any seeds purchased be allowable according to a website attached. I haven't imported anything illegal or not on the allowable list but is interesting timing.

You're on their database now for a reason, probably this http://www.shaman-australis.com/forum/index.php?showtopic=32919&hl=

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Same. I don't want any of my plants to endanger my future career as a teacher. I'm not sure when this sort of thing will be enforced in new zealand but i'd rather get rid of what poses a risk than hold on and hope :(

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I'm tipping you didn't have some kind of letter sitting next the cacti stating that you intend to eat them or juice them up and sell syringes of the preparation to nearby school children?

That being the case, I find it hard to believe such an intent could be proved in a court of law...and while I suppose this farcical nonsense is based not on any intent, but on the mere fact that this plant contains a substance that *COULD*, *POSSIBLY* be used in an illegal manner - they would have no more reason to call you a criminal than the little old lady down the road with a thicket of pachanoi or a display of poppies in her garden (and there are many such little old ladies all through the country), or perhaps every botanical gardens, park, or backyard that has a Brugmansia tree growing. Or the wattles, as you mentioned.

Knives also have the potential to be used illegally, in violent crimes. Perhaps you should ask them why your kitchen drawer remained unexamined?

Edited by gtarman

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i just got a generic but officious letter in the mail stating that they had noticed I have purchased seeds and possibly plants OS and that I make sure that any seeds purchased be allowable according to a website attached. I haven't imported anything illegal or not on the allowable list but is interesting timing.

Thats just an AI generated letter coming out of the aqis paypal symbiotic link, it just means that you used paypal to buy seed or plants from an overseas supplier in the past 2 years.

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i also have been smashed from AQIS for importing seeds

now i am on file??

Edited by bullit
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i just got a generic but officious letter in the mail stating that they had noticed I have purchased seeds and possibly plants OS and that I make sure that any seeds purchased be allowable according to a website attached. I haven't imported anything illegal or not on the allowable list but is interesting timing.

I got the same letter ........

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Thats just an AI generated letter coming out of the aqis paypal symbiotic link, it just means that you used paypal to buy seed or plants from an overseas supplier in the past 2 years.

Can you explain this please? What is an aqis paypal symbiotic link?

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Aqis paid an arm of Melbourne uni a small fortune to develop an AI to provide intel much the same as the ones customs & the afp use and since the largest volume of unregulated imports were coming from evilbay it was applied to paypal, with paypals cooperation & assistance of course.

I'll dig up the press releases once i'm sufficiently caffeinated

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Hey, there is a rebuttable presumption defence here, I just realised.

The Misuse of Drugs act defines a prohibited plant as a plant from which a "drug of addiction" can be derived....it then goes on to say that a "drug of addiction" is any substance listed in S8 and S9 of the SUSMP list.

Now mescaline is definitely NOT an addictive drug, even though it is in S9.

Applying common sense to the definition of "drug of addiction" CAN be used, not JUST the definition used in the act.

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I'm still trying to get my head around this so I have a few questions

Will they test every cacti they took to prove they have mescaline? I would assume they would have to. Does anyone know what it cost to have a cactus tested. Will they test just for the presents of mescaline or an actually percentage

Will there be any set limit to make it illegal or will it be any amount? I mean if it's got 0.001% mescaline it would be virtually impossible to produce even enough for a single dose.

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I'm still trying to get my head around this so I have a few questions Will they test every cacti they took to prove they have mescaline? I would assume they would have to. Does anyone know what it cost to have a cactus tested. Will they test just for the presents of mescaline or an actually percentage Will there be any set limit to make it illegal or will it be any amount? I mean if it's got 0.001% mescaline it would be virtually impossible to produce even enough for a single dose.

i'm thinking a forensic botanist would just identify them as Lophophora williamsii based on their physical features?

i mean when they bust a cannabis grow op they don't test every plant for THC do they

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i'm thinking a forensic botanist would just identify them as Lophophora williamsii based on their physical features?

i mean when they bust a cannabis grow op they don't test every plant for THC do they

Since it is the mescaline content and not necessarily the plant that is illegal (ie. loph will isn't listed unlike cannibas) I would of thought there would need to be lab testing.

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Since it is the mescaline content and not necessarily the plant that is illegal

is that actually what the law states?

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i just got a generic but officious letter in the mail stating that they had noticed I have purchased seeds and possibly plants OS and that I make sure that any seeds purchased be allowable according to a website attached. I haven't imported anything illegal or not on the allowable list but is interesting timing.

Stillman what was the link?

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did you ask if the plants are to be destroyed? before any court case? What if when its all done and dusted your free, not convicted and your plants are considered ok, only you no longer have them?

Following up on this.

From the Misuse of Drugs Act 1981 Section 28

Compensation for destroyed seized property.

http://www.austlii.edu.au/au/legis/wa/consol_act/moda1981184/s28.html

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is that actually what the law states?

Reading the act gives me a headache. So based on that this is pure assumption on my part.

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Since it is the mescaline content and not necessarily the plant that is illegal (ie. loph will isn't listed unlike cannibas) I would of thought there would need to be lab testing.

^^^^yeah that was my reasoning too. Anyone know for sure?

Edited by cactuscarl

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frustrating indeed trying to understand these laws :BANGHEAD2:

i hope the lophs are rotting away somewhere in a dark evidence cupboard, rendering them useless for analysis

i really hope this works out okay for you myco

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Sad times.

Poor plants, I could imagine that would feel similar to your pets being taken away. Sorry for you mate. :(

Yes i see ,that is a dodgy tactic.. i guess im having trouble understanding why the hell they're illegal in the first place ...It looks like the whole world is becoming one giant prison ,I just read the EU intends to criminalize nearly all seeds and plants not registered with government (veges)
http://www.realseeds.co.uk/seedlaw.html


This also on the UK seed law issue... http://www.naturalnews.com/040214_seeds_European_Commission_registration.html

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Found this from recently too...
Copy of a Press Release in relation to new drug laws published by Melbourne Criminal Lawyers :


http://melbournecriminallawyersblog.com/2013/04/22/queensland-government-bans-chocolate-saffron-echinacea-and-beer/

Last week the QLD government passed the Criminal Law Amendment Bill 2012. As a result, many harmless chemicals, foodstuffs and herbal medicines were inadvertently banned including the popular cold and flu herb, Echinacea; the popular sleep tonic, Tryptophan; saffron; chocolate and even the unthinkable – alcohol.

The new laws state that if the ‘intent’ of a substance is to have similar effects to a banned or dangerous drug, the substance virtually becomes the drug.

Eros (The Adults Only Association) CEO, Fiona Patten said that the science of pharmacology examined which receptors a substance binds to in the body. By matching the receptor-binding qualities of commonly used substances with the receptor-binding qualities of currently scheduled drugs, it was possible to show how the pharmacological analogy laws would capture many legal compounds.

“Alcohol [ethanol] is a GABAa agonist”, she said. “Under these new laws it will arguably become illegal because several illegal drugs are also GABAa agonists. These illegal drugs include muscimol and barbiturates.”

Other alcohols such as methanol [racing car fuel], isopropyl alcohol [rubbing alcohol], and butanol [common industrial solvent] are all GABAa agonists and would all fall under the same pharmacological profile as muscimol and barbiturates.

“PEA [phenethylamine] is the ‘love drug’ in chocolate. It is a noradrenaline and dopamine agonist just like amphetamine, methamphetamine, MDA and cocaine. Will the Queensland police now start raiding chocolate shops because under these new laws they will have every right to”.

“Saffron [the common spice] contains safranal which is a serotonin agonist and crocin which is a dopamine agonist. The illegal drug MDMA [ecstacy] is also a serotonin & dopamine agonist. Under these new laws a magistrate will be able to find an Asian grocery store guilty of a drug offence using the same logic and laws that they convict Ecstasy dealers.”

“These new laws catch up a host of commonly used products in herbal medicine that are found in most health food stores. Any analogue of the chemical 5HTP is now automatically illegal’, she said. ‘5HTP is a simple derivative of the amino acid tryptophan which is in almost all protein containing foods and will be well known to hundreds of thousands of people who use L-Tryptophan to get to sleep at night. It has no abuse potential and has no precursor potential. Banning this substance shows the Queensland government to be completely incompetent in their understanding of what is a dangerous drug. 5HTP is in every human brain because it is the essential biosynthetic pathway from tryptophan to the neurotransmitter serotonin. The body can’t make serotonin any other way.’

“Skullcap [scutellaria lateriflora] is a common herb used in herbalism, and also a common garden herb. It contains flavones that are GABAa agonists and hence have the same pharmacology as muscimol and barbiturates.”

“Hordenine is an alkloid in barley and especially in beer. It is a noradrenaline and dopamine agonist. The illegal drugs amphetamine, methamphetamine, MDA and cocaine are also typical dopamine agonists.”

“Tyramine is an alkaloid present in fermented and aged foods such as cheese, salami, and beer. It is a noradrenaline and dopamine agonist just like amphetamine, methamphetamine, MDA and cocaine.”

Ms Patten said that her association had lobbied the Queensland government in Committee hearings not to go ahead with the new laws, saying that there were many unintended consequences to them. The Queensland Law Society had argued a similar line. The final definition in the new laws appears to say that the pharmacological similarity has to be ‘substantial’ however ‘substantial’ is never defined and most police officers would err on the conservative side and take any similarity as prima facie evidence of a crime.

She said that the government had created a law that gave an inert substance, human attributes. ‘To say that a drug or a chemical or substance can possess an ‘intent’ to mimic something else is to ascribe powers to that substance that even kindergarten children would know is impossible’, she said.

“With these new laws the Queensland government is trying to legislate people’s ‘conduct’ and not the prescribing of particular dangerous drugs”, she said. “They are the desperate actions of a Nanny State intent on forcing Queensland’s moral compass back to the Victorian era and they will have unintended consequences for the Premier and the Attorney General as well as the general population”.

She said that the young and inexperienced Qld Attorney General, Jarrod Bleijie, had gone against expert evidence in Committee to force the new laws through. He had considered many of the substances listed in the Regulations as dangerous, when clearly they were not. ‘Not only has he outlawed herbal cold and flu remedies but they have potentially banned any number of household foodstuffs and other products’, she said. ‘Laws like this that allow the police to enter people’s homes and prosecute them for harmless substances in the kitchen cupboard or on the bathroom shelf are frightening and indicative of an extremist agenda’.

UPDATE BY BILL DOOGUE

As Criminal Lawyers we believe this is an important issue for people to be aware of. Governments are trying to make what are currently legal highs illegal. They are trying to change criminal laws to criminalize broad categories. Previously they had found a product and then specifically made it illegal which was a much better system although still flawed.

If you want to read further about drug laws in Victoria go to our website http://www.criminal-lawyers.com.au/

Edited by Savage Gardener
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why don't they just cut to the chase and cut out our receptors

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Take my brain. It produces drugs.

The Global Elite want to replace all our brains with microchip processor units where we can purchase and download feel good programs approved by the Man, no free thought, no free will ,no choice .

http://cyberbrain.se/

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