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Legality of Acacia confusa root bark NSW


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#26 folias

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Posted 12 June 2015 - 02:28 PM

Meanwhile 'the elite' are all snorting cocaine like its never going out of fashion. And yeah, people do gown for petty shit sometimes, like the judge who puts people away for pot, meanwhile he smokes pot.

But it is a matter of perspective, this is plants we are talking about. We haven't seen any evidence there is a deliberate crackdown in oz about these plants, it is not out of the realm of possibility, but I can't see it being likely.

Can you see yourself, Joe Bogg's, saying 'guilty, your honour', for possession of Acacia confusa, I was making a tea out of it, and wanted to connect with higher dimensional beings and realities?

Especially, first offence, that's going to be like a $50 fine!

We don't live in Scandanavia, where they see these plants as being a serious matter. (the only country I know of maybe apart from the U.S.)
There is an element of common sense here, there are just SO MANY laws, law enforcement often do exercise some discretion over what is prosecuted. Stupid stuff would clog up an already clogged up system anyway.

I can't tell you how many times I have heard so and so tell about such and such package just not arrive, it happens all the time. Sure stings do happen, but normally for kilos of powders and shit. 

AND, the only reason these laws exist is some beaurocrat saw that DMT was similar to LSD in the early 70's. They are not just unjust, they are just not founded in any meaningful decision which should regulate anyone's life, especially when the results and effects are so often very life changing and healing.

"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

- Martin Luther King.


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#27 love is a stream

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Posted 12 June 2015 - 10:58 PM

I have a hard time comprehending what the OP is trying to say! His attitude, such as saying, why are not these listings "taken down" reinforce the tyranny and fascism this country continues to endure.

 

I'm just asking a question, information on this subject is quite sparse. And it's not my 'attitude', the bark literally contains DMT and Australia tends to have rather strict laws when it comes to these things, so I'm surprised they haven't been taken down.



#28 mysubtleascention

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Posted 13 June 2015 - 05:11 AM

fasci -

law

.. at traction

 

love streams !


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#29 love is a stream

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Posted 26 June 2015 - 03:52 PM

And the listings have now been removed..



#30 folias

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Posted 27 June 2015 - 12:23 PM

um, there's still a heap of confusa on ebay.



#31 love is a stream

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Posted 27 June 2015 - 10:23 PM

My bad, it was only one vendor and only temporarily.



#32 Torsten

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Posted 28 June 2015 - 05:24 AM

Folias, the $50 fine is probably pretty close to reality if it is just a possession charge. however drug imports are usually dealt with under federal law in a federal court and the penalties here are FAR more severe. eg a NSW 'meow' possession of ~10g is a few hundred dollars and some good behaviour time. A similar import charge will almost certainly get you jail time plus thousands in fines [unless you spend >10k on a solicitor]. A lot of people get caught out in a big way thinking that import penalties are the same as state possession penalties. The only good thing is that the feds usually couldn't be bothered, so just let it through as a controlled delivery and then the local plods charge under state possession. I wouldn't rely on it though.

 

I can't remember for certain, but i think federal laws are based on actual constituent weight. ie you can be charged for full weight, but this is corrected to actual weight by the time it goes to court. That's also how Qld state drug law works for example. In NSW it is up to the defendant to apply for the quantitative analysis and there is no guarantee that this is the measure used in sentencing. So these sweeping statements about how something would be treated in court are pretty ignorant as the various jurisdictions ahve pretty different standards and penalties. After having been involved in a few cases in WA in the last couple of years my advice for that state is to simply not do anything wrong. It's about as bad as federal cases.

 

Julian, you want precedents? of what exactly? shouldn't be a problem finding them.


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#33 Torsten

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Posted 28 June 2015 - 05:48 AM

And i don't try to dissuade people from doing what they think is right. I just want to make sure everyone decides to do so knowing exactly what the potential risks are. Almost every court case i help out on the defendant grossly underestimated the potential and actual consequences. Whether that is the legal costs for a federal court case to make sure they don't bury you for several years, or whether it is the quantity cut-off values, or the social consequences [visa restrictions, criminal record for work applications, etc].

 

Recently was involved in a case in WA where the person thought he would get about 3-6 months because a forum told him he compound was not illegal and because of the general feedback on the internet. He got 6 years. First offence. Career over. if he had been charged under federal law he would have gotten 15-20. This is someone who honestly did not think he was breaking the law - and as far as I am concerned only got the 6 years because the lawyer did not understand the law well enough to challenge it.

 

For many people I advise the penalty isn't the sentencing, but rather the legal process. A crap lawyer for a simple case will cost 2-5K. A good one will cost 6-15K. For someone who is NOT a drug dealer such amounts are often life destroying.

 

That's why i want people to make decisions based on the potential risk. I really have no problem if they ignore my advice and go ahead with whatever they decide to do, but they should never do so with a false sense of security.


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#34 love is a stream

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Posted 28 June 2015 - 09:52 AM

Christ, what a complicated issue. Hypothetically, if I were to order an amount of bark from a Tasmanian ebay vendor for dye-making purposes, could I potentially be charged for importing a controlled substance?



#35 folias

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Posted 28 June 2015 - 01:45 PM

What I say to people, is that if you are not prepared to do the time, don't do the crime  :shroomer:

Torsten,

It sounds like the case in WA was for a compound and a large amount of a compound.

I'm not saying we have a non-fascist system, but also I know of cases where people have argued that their use of so called illicit substances was conscious and legitimate. And I have advised one person who was technically facing years, and got a very minor conviction, because he chose this argument.

I just think if you are working with plants and your head is in the right place, you should be a able to argue your case and if you can't do that and think if what you are doing is "wrong", then maybe you should just stay at home and play x-box.