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Licence requirements for selling herbal cigarettes?

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I have been doing some research(just for curiosity reasons) around the licence requirements for sale of herbal blend(non tobacco/nicotine material) smokes or smoking material.


Is it just me and the research i have done but most regulation around sale of smoking products seems entirely based on tobacco/nicotine(aside from unit per pack/split pack/advertising and a few other things) regulations?

Most actual written laws i can find only refer to tobacco and "used for tobacco items" but then i come across a bunch of council/bureaucrat/government workers that extend that beyond tobacco/nicotine with "eg" expansions.


In the practical world we live in what actually holds more weight when proficient legal representation is applied? the written law or an interpretation of the law via a bureaucrat or some government bodies/persons interpretation or extension of it?

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If you start making legal high mixes with damiana, mugwort, lions tail etc I'm pretty darn sure some morality policing official will twist some law to fuck up your idea IF you mark it for smoking. 

 

Other than that there's quite a bit out there on the market already.

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18 hours ago, Northerner said:

If you start making legal high mixes with damiana, mugwort, lions tail etc I'm pretty darn sure some morality policing official will twist some law to fuck up your idea IF you mark it for smoking. 

 

Other than that there's quite a bit out there on the market already.

That's the thing i was thinking though, legal of not their gonna find a way to fuck you if you're selling cigs with some any noticeable "high" effect(because nanny knows best and all). But my thinking around this was simple as alternatives to tobacco cigs(quitting assistance basically) that contain no noticeable "high" effects  but still have a pleasant smoking taste/experience.


As in lets say I scrape up some grass from my yard, dry it out(happens to taste nice when smoked but has no other effect) ,sell it as a smoking mix, what is the actual legal requirements to make this a legal act in regards to licensing ?

Any actual law or regulation i come across seems to oddly conflate tobacco/nicotine with "herbal" as only some interpretation of the law as is but doesn't actually math with the law as written witch is written as if tobacco/nicotine products where then only smoking materials that exist.

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Don’t call it a smoking product.

 

From my (limited) understanding herbal anything immediately implies human therapeutic use and then you’ll have a massive headache with many expensive TGA hurdles to overcome if it’s a manufactured product.

 

It’s designed to be a barrier to entry so that the big boys dominate and keep out new players that might have a product of worth that threatens the status quo.

 

I’ve seen many examples where a smoking product is called ‘incense’ or just mislabelled, often with the words not for human consumption on the label. I’ve even seen an winking emoticon on the end of that sentence too.

 

An example off the the top of my head is Amyl Nitrite which is sold as leather cleaner and I think even room deodoriser and successfully circumvented all the nonsense. 

 

Nitrous oxide aka cream bulbs would be another example. I’m sure there’s many. 

 

“The only thing that saves us from the bureaucracy is its inefficiency.”

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