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Torsten

Legal definitions

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I have some news from the horse's mouth.

If the actual plant is listed in S8-9, then you are correct, the plant and its parts and to grow it are prohibited.

Generally speaking, unless specified in the SUSDP, a natural plant containing a substance that is scheduled, even if sold in a pot, would not

be included in the Schedules.

This means that all plants (except the scheduled 5) are legal regardless of whether they are in pots or in the ground. (I wonder where bare rooted plants fit into this?)

Mind you, apparently this might not apply fully in NSW and I need to check with the NSW govvy for clarification.

In the case of a scheduled substance (not the plant), preparation refers to something that has been prepared, rather than a growing plant. So if you chop off a leaf of an unscheduled plant containing a scheduled substance, the severed leaf could be considered to be a "preparation" and thus, would be scheduled.

This means that any part of a plant that is severed or collected becomes a preparation as defined by law. Hence, a cactus cutting or any other cutting that contains a scheduled substance is deemed to be a preparation and hence is scheduled.

Tasmanian Health & Human Services advise about the following scenario:

Psilocybine is in S9 but psilocybe mushrooms are endemic to Tasmania. If you had a psilocybe mushroom growing in your garden/on your farm, the

Tasmanian health authority would not normally pursue it. But, if you were misusing/trading in it you would be liable to prosecution.

Wild shrooms are legal while growing in the wild or on your paddock, but picking them is illegal.

Nothing really new about any of this. I just thought I'd post it because my interpretations of the law are constantly questioned (which is probably a good thing cos I am not a lawyer). However, so far it looks like I've been spot on with everything (well, yet to see about that NSW plant issue).

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Does this mean SAB is going to stop selling Lophophora and Trichocereus?

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I do know one thing: The MCPeyote is even further off now. :)

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apothecary:

Does this mean SAB is going to stop selling Lophophora and Trichocereus?

I obviously can't comment on what SAB is going to do but this info confirms what T previously believed about the posession of plants containing scheduled compounds when the species itself is not scheduled, such as lophs and trichs (and everything but the 5).

This means it is legal to be in posession of any plant species except the scheduled 5. If I've read it correctly?

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Yes creach, as stated in the original post, Lophs will be legal to sell. However, there may be a law in NSW that actually makes the sale of Lophs illegal in this state. I have yet to confirm that. Until then we will continue to sell them because I don't think it will turn out to be illegal.

All other states appear to not have this restriction.

If it turns out NSW does indeed make this illegal then we would form a subsidiary in Qld :P

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The thing I find worrying about what Torsten said is the bit about Cacti cuttings containing scheduled substances being illegal.

Sounds like a lot of people should tighten their lips when trading here and at EBA or wait until they are rooted.

What about collectors that have cuttings laying around callousing?

Besides collectors there are cactus nurseries providing to the landscaping industry that have huge ammounts of Trichocereus and no doubt trich cuttings. where would they fall into this.

How long has this been the case Torsten.

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The laws are at least 8 years old because these definitions are already in my 97 copy of the SUSDP. I presume they are MUCH older though as they appear in many other drug, poisons and therapeutic definitions. I have always maintained that any material cut off a living plant is regarded as a preparation under the law, which is why SAB has *never* sold unrooted cactus cuttings. For some reason most people have doubted that definition. This is a wake up call.

Whether or not you adhere to these strict definitions of the law isn't my concern. I think the law sucks. But operating a business like SAB means it is my ass on the line, so I make it my business to understand the laws and operate within them.

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thats good stuff. very helpful

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was just thinking.... if the cops bust someone with a trich cutting, they would put the cactus in an evidence room and then eventually have a piece of it analysed. Chances are that the cutting would develop root nodules while in storage. And even if not, you could always claim it did if they don't have 360 degree photos of the evidence. I am assuming that any rooted cutting is legal, regardless of whether it is potted or not, because it could hardly be called a preparation.

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So all you would need is to put trichs in a makeshift pot with a bit of soil and is leagle. Sounds good to me anyway.

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bundy---the poppy seeds in the supermarkets are sourced from tasmanian poppies (AFAIK).

they are not a legal problem.

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So essentially if you say prune a plant your can go to jail.

Next question if the plant dies can you go to jail since its no longer a living plant? should you leave it in the ground to rot or can you throw it on the compose heap?

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quote:

should you leave it in the ground to rot or can you throw it on the compose heap?

I would imagine , with all the process' going on in a compost heap you would be done for manufacture. I imagine the sensible thing to do would be to incinerate the offending plant matter , then check the alkaloid content of the ash before disposing responsibly in a bright yellow bio-hazard container which should be dropped off at your local police station for proper disposal.

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what about is you stick some rooting hormone or sulphur on the cut end of the cactus ??

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I guess it is then up to the arbitrary decision making of the policeman and eventually the magistrate.

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I know this is an old thread, but I assume that this is still the case in NSW - ie cactus cuts = prepared material = you are (possibly) screwed?

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plants containing scheduled compounds when the species itself is not scheduled, such as lophs and trichs (and everything but the 5).

Can anyone tell me where to find the federal legislation/document that specifies illegal plants within Australia, aka "the 5"? I have read the TGA Poisons Standard 2010 which lists all scheduled substances and mentions some plants (Mitragyna speciosa, Cannabis sativa, Salvia divinorum...) but not all - there is no mention of Erythroxylum coca, only Coca Leaf... Same with Papaver somniferum, only opium is mentioned. Where does one find the federal listing of such plants in writing? Or are the others handled consistently at state level?

Thanks

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They are not all in the same place. besides the SUSMP also check the federal criminal code act.

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I know this is an old thread, but I assume that this is still the case in NSW - ie cactus cuts = prepared material = you are (possibly) screwed?

 

in theory.

in practical terms this is such a marginal situation that it is probably not a problem.

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That's what I thought, thanks T.

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