spooge Posted October 1, 2015 I rung aquis or Biosecurity or who ever they call them selves theses days, spoke to a very nice lady who did a great job. She has fwd me all the info and links on obtaining licences to import cacti etc...... And the best news is all Trichocereus genus are legal to posses and cultivate in the state of South Australia. Wooooooot I thought fellow SA people who may not know this may like to know 8 Share this post Link to post Share on other sites
zed240 Posted December 2, 2015 I would like clarification on this point. I have been told directly by Torsten that trichocereus are illegal in SA. (SAB store has still sent plenty to this state though....) Page 28 of this document seems to indicate that a number of plants in the trichocereus genus would be illegal, although not ALL plants in the genus trichocereus as not all contain the evil alkaloid listed. https://www.legislation.sa.gov.au/LZ/C/R/CONTROLLED%20SUBSTANCES%20%28CONTROLLED%20DRUGS%20PRECURSORS%20AND%20PLANTS%29%20REGULATIONS%202014/CURRENT/2014.236.UN.PDF I believe that due to certain, illegal compounds being found in trichocereus makes those trichos illegal, even though the genus trichocereus isn't specifically listed as being illegal in and of itself. So why would AQIS or BioSec know about drug laws since that's not their core business or their responsibility? According to their lists of allowed plants trichos are fine, sure, but according to the controlled substances and plants regulations, (linked above), a number of the species would not be. As an aside, doesn't the above document also mean that many opuntia species are illegal to own in SA as they also contain very small amounts of the evil alkaloid? Funnily, DMT is listed as illegal in the "Controlled Drugs" section of the above document but there is no mention of plants containing DMT being illegal, so in that way the classification differs from the one for trichos and the evil alkaloid. Also - to the admins - any chance of getting this thread moved to either the "Legal Matters" or "not visible to google" sections of the site? Whilst I don't want to draw too much attention to this, especially if people in power want to enforce or strengthen these laws, I think clarification is sorely needed. 2 Share this post Link to post Share on other sites
spooge Posted December 2, 2015 (edited) so why don't you ring AQUIS and SA biosecurity and find out why would you mention SAB store if your so concerned about legalities maybe you should change the link in your sig if you are so worried that the filth are gonna come. who said AQUIS and biosecurity know anything bout drug law not that i have to do this, but posts that inflame and cause unnecessary worry really shit me, does not scare mongering and misinformation lead to misunderstanding? is not the idea to reference a number of sources when making any decision, especially when poxy state governments are concerned Below is an exert from the email i received - (no, i havnt read the links as i don't care either way, aint gonna stop me from, growing trichocereus. Following up on our telephone conversation today about Trichocereus: This genus is not listed under plant declarations in South Australia, under the Natural Resources Management Act 2004 To check which species are declared in SA, see http://pir.sa.gov.au/biosecurity/weeds_and_pest_animals/plant_pests_in_south_australia To check which species are declared in all states and territories of Australia, see http://www.weeds.org.au/noxious.htm There are some restrictions on importing species in this genus into Australia, see the Import Conditions Database (ICON)http://apps.daff.gov.au/icon32/asp/ex_querycontent.asp I suggest you contact the Commonwealth Department of Agriculture and Water Resources for information about import permits and quarantine requirements, see http://www.agriculture.gov.au/import/plant-products/plants-grains-hort and http://www.agriculture.gov.au/import/plant-products/how-to-import-plants You will also need to check the SA Plant Health requirements, seehttp://pir.sa.gov.au/biosecurity/plant_health/importing_commercial_plants_and_plant_products_into_south_australia for information about the regulation of the movement of plants into and out of SA. Contact details can be found at: http://pir.sa.gov.au/biosecurity/plant_health And regarding Lophophora: It is illegal to bring Lophophora into Australia under Customs Regulations, see the Import Conditions Database (ICON)http://apps.daff.gov.au/icon32/asp/ex_querycontent.asp This includes seeds for sowing and nursery stock. Lophophora is a controlled plant in SA under the Controlled Substances Act 1984. It is illegal to cultivate or sell Lophophora in South Australia. The Schedule includes ‘any plant containing MESCALINE including any plant of the genus Lophophora’. Seehttp://www.legislation.sa.gov.au/LZ/C/R/CONTROLLED%20SUBSTANCES%20(CONTROLLED%20DRUGS%20PRECURSORS%20AND%20PLANTS)%20REGULATIONS%202014/CURRENT/2014.236.UN.PDFfor the current list of regulations. Lophophora is not declared under the Natural Resources Management Act 2004, it is a controlled plant under the Controlled Substances Act 1984 in South Australia. suppose it all depends what you grow cactus for, since i don't grow them for consumption and only for cultivation purposes it don't mean shit to me blah blah blah Edited December 2, 2015 by olive Share this post Link to post Share on other sites
zed240 Posted December 2, 2015 (edited) My comment is not meant to piss you off. Did you look at the link I posted? Did you see the relevant section called "Schedule 3-Controlled plants" and the specific entry in that section that reads "any plant containing MESCALINE including any plant of the genus Lophophora" ? The policing bodies are not so stupid to be unaware that plants from the genus trichocereus contain mescaline also, not just lophophora. Ignorance to the laws you are breaking is not a valid defence in court, also, saying "i don't grow them for consumption and only for cultivation purposes" doesn't mean you aren't breaking the law, (if I'm interpreting it correctly). For example, a person saying "I just grow marijuana as a screening plant from the summer sun, it's not for smoking or selling" doesn't mean you won't be charged under the full force of the law. My post was not meant to misinform at all, quite the opposite. I am asking for more information and come clarification to make sure people, (including myself), are aware of the legalities. I find it a bit curious and funny that my asking the forum and it's members for more information and clarification about this issue that does affect South Australians in a polite way has got you so riled up. Why? The response you got from AQIS seems to indicate that person didn't happen to know that trichos contain mescaline as they only referenced the illegality of lophophora even though their email contained the line "The Schedule includes any plant containing MESCALINE". I would hazard a guess you didn't tell that nice lady that trichos contain it, yeah? It does not matter how many links you put up saying, trichos aren't delclared weeds, aren't on any import bans, etc, etc. If there is a law saying they are illegal in another piece of legislation, then they're illegal, regardless of any lists they happen to NOT be on. Again, I am asking for clarification from people who may have more knowledge and have researched this. I also requested the thread me moved to a more suitable section of SAB (if you are worried about this bringing attention to an issue). And in regards to why would I mention the SAB store? Well shit, this forum is linked to SAB, many people spend lots of money with SAB, (as I have), many of us respect and love the work Torsten has done regarding plants we love, and yes, they do send them to SA. Maybe SAB sending to SA is an indication they think there is no issue with illegality? Maybe it indicates they don't give a fuck, I don't know. If it makes you feel better, Herbalistics also send trichos to SA as do many, many sellers off of here and eBay. Better now that I don't just mention a single seller? I also have no problem having that link in my sig, or having a profile I use on FB for these plants. [EDIT] - I do just want to clarify that although I had a direct answer from T some time ago, it was a very brief, one word answer and I did not want to bother him by asking for clarification. If this is the case I just want to learn where in the law makes it so. Edited December 2, 2015 by zed240 2 Share this post Link to post Share on other sites
spooge Posted December 2, 2015 slow day at the orrifice do trichos contain mescaline hmmmmmmm you gonna rip all yours out then this song sums up my opinion of the everything really Share this post Link to post Share on other sites