146 replies to this topic

[SaBReT00tH]

are any cannabis speecies legal i.e. Indica, or are all illegal? Also, Australia must be one of the only countries in the world where Papaver Somniferum is actually illegal to grow. I've read many reports about it being legal in the UK and Europe, and the US even I think. Just wondering about sniffer dogs also. Since the introduction of 2 new species of plant illegal to grow (Mitragyna Speciosa and Salvia Divinorum) during the last few years, are sniffer dogs now able to sniff these?? If so, does anyone know of any cases in the world through use of the dogs so far?? If Lophophora williamsii became illegal to grow would sniffer dogs be able to sniff cacti, or certain cacti such as Lophophora Williamsii??

[Torsten]

You do get formally charged. You receive a criminal conviction and thus are not allowed to go overseas into many countries, ever. As you have a drug conviction on your record.

Most of the sensitive countries will only bar you for 10 years. Most countries don't give a shit.

[Torsten]

are any cannabis speecies legal i.e. Indica, or are all illegal?

Australia still uses the outdated model where they only recognise one species of Cannabis, which is C.sativa. The other species are still regarded as varieties and hence covered by the one species.


Just wondering about sniffer dogs also. Since the introduction of 2 new species of plant illegal to grow (Mitragyna Speciosa and Salvia Divinorum) during the last few years, are sniffer dogs now able to sniff these??

I think it is quite safe to assume that they cannot and won't be for quite a while.

[Auxin]

... Also, Australia must be one of the only countries in the world where Papaver Somniferum is actually illegal to grow. I've read many reports about it being legal in the UK and Europe, and the US even I think...

Its illegal in the US but not always enforced, the most exempted group is grandmothers with only a few plants- my grandma grew them for a decade and a lady down the road from me grew a few in her front lawn despite the fact that a cop lives directly across the street, lol.
But if a old lady grows hundreds of if a guy under 40 grows 1 they usually get in trouble with the law.

[NatureBoy]

the legal status is a pity for researchers who find it hard or impossible to get permits to study these plants.

[SaBReT00tH]

I'm confused LurkiestLurker. So Loph W, C Edulis and B Caapi are illegal to grow? According to the written law?

[Andy the Great Something]

Its illegal in the US but not always enforced

(Above Quote reffering to poppies.)

Not to sidetrack the discussion, it's kind of a silly point anyways, but I dissagree that it is illegal in the states. I mean in a general sense sure. But I doubt jonny law would even tough somebody (even a suspicious looking somebody) just growing them as ornamentals. Unless they grew a very large amount of them, or the heads were scratched to exude latex or the poppy straw was kept around. They grow all over the place. My grandmother used to grow them too...... and make tea out of them. Hell, you can go down to the grocery store and buy the seeds bulk and make a fairly good tea out of them.

But, like I say, it's a moot point. In reality, if they want you, they'll find some way to get you.

[Torsten]

Just keep in mind that in australia a poppy plant is an illegal plant and hence growing more than 49 poppy plants means you are a large commercial manufacturer and a jail sentence is ensured.

[Rev]

Given the weedy nature of poppies and their tendency to naturalise very easily in many parts of the country
how much burden of proof is on the prosecution to prove cultivation ocurred? and that they are not weeds
if you could bring in to question how they got there yet were still busted using them would that make the senetnce lighter

likewise
would the penalty be much less (as id expect) if you were caught utilising poppies on common land ie road verges, creek banks and railways

what would be safer?
being in possession of a bag of fresh poppy heads
or a bag of fresh scraped latex with the incisions on the crops clearly visible

the bag of heads would be heavier
hence the drug = herb law would get you
however am i right in assuming it would be mere posession
whereas the latex would be a smaller amount of the same drug yet they could also add a manufacturing charge

[Torsten]

Given the weedy nature of poppies and their tendency to naturalise very easily in many parts of the country
how much burden of proof is on the prosecution to prove cultivation ocurred? and that they are not weeds
if you could bring in to question how they got there yet were still busted using them would that make the senetnce lighter

Poppies are W1 declared weeds, so if they are on your land then you are legally required to report them and to continually suppress them.
If they are on public land then this does not apply.


what would be safer?
being in possession of a bag of fresh poppy heads
or a bag of fresh scraped latex with the incisions on the crops clearly visible

In the lower ranges it makes no difference whether you have poppy straw or prepared opium. Traffickable quantity is about 30g. However, at larger amounts there is a big difference as 1 kilo of opium is a 'large commercial quantity' while the same category for poppy straw is 2.5 kilos. Prepared opium would definitely be the more 'bang for buck' option as the law only assumes a potency factor of 2.5, while in reality it is more like a factor of 30.


however am i right in assuming it would be mere posession
whereas the latex would be a smaller amount of the same drug yet they could also add a manufacturing charge

There was a case in melbourne where a guy got nailed for getting opium from his poppies. I don't think he got done for manufacturing even though the poppies were scraped and he was in possession of opium.

[LurkiestLurker]

I'm confused LurkiestLurker. So Loph W, C Edulis and B Caapi are illegal to grow? According to the written law?

If you live in ACT then I believe so (but I am not a lawyer) since the excerpts I gave previously are from an ACT act. Provided that the act has been enacted. If you live in a different state or territory then I do not know.

I have *not seen* any information to indicate that the species you named (for preservation or botanical interest only) are illegal in NSW (since several commercial sources exist for L. williamsii, C. Edulis and B. caapi [SAB had all of these last time I checked]). If you live outside of NSW then you should do a bit of hunting around to ensure you are within the law. If you live in ACT then check out the legislation I pointed out and consider getting proper legal advice. I know If I was moving to the ACT I would be leaving my Khat, Lophs and Caapi at to friends in NSW.

Sorry if my post caused some confusion and that it took so long for me to reply.

Once again I'm not a lawyer, I'm just passing on some information that I found. If you think it affects you, then get some proper legal advice.

[mescalito]

I was wondering the same about seti's as I was collecting seed heads from a wild stand for a forum member recently
To the untrained eye considering the similarity someone could have assumed I thought they were opium poppies and wanted them for consumption so I was a little paranoid to say the least.

edit:is that SL?
welcome back mate!

[Frank leDank]

Hey is there meant to be a government website or hotline or something that can actually tell us what is illegal and what is not? it seems pretty hard to figure out...i suppose we should just guess, should we?

and mescalito, i always wondered what the AUM thing on you means. Isn't that the cult that sarined a tokyo subway?

[SaBReT00tH]

Aum Shinrikyo is the cult responsible for those attacks. Namely the leader Shoko Asahara

[alkatrope]

And I wonder if anyone should tell them that Psilocybin is not a plant?

Hehe yeah.

But I was actually thinking more along the lines of none of the fungi on that list are actually plants at all

[occidentalis]

But I was actually thinking more along the lines of none of the fungi on that list are actually plants at all

Yeah I was thinking this as well. It would all depend on how 'plant' was defined at the start of the act in question.

[alkatrope]

lol I don't care. Plants are plants. Fungi are fungi.

They oughta know this stuff! :D

[Rev]

Creach has the it though. its about its own definition

Justice and reality are complete opposites to the application of the law

[gem]

So my P. viridis forest is legal - didn't see it on any listings. Same for B. caapi and the mescaline containing cacti: lophs, trichocereous... Of *course* if I were to go and harvest some Psychotria leaves to prepare DMT then that'd be another story!
Wish it wasn't so freaking hot up here so I could grow some "ornamental" Papaver...

[alkatrope]

Trichocerus and others are fine, but I was under the impression the Williamsii are a no-no..

[sobriquet]

If you go to the Myer centre in Brisbane you'll see that the large columns in Myer are actually painted with large poppy pod motifs. Each floor has a different colour.

Poppy pods can be used in flower arrangements and are very decorative. You can have an alibi for growing them if you are interested in flower arrangement or make things from the pods:




You could even make money by selling them on eBay.

Are you into organic farming? Organic poppy seed production is another possible legitimate alibi. As long as you are not obviously growing them as a drug source then you are unlikely to be hassled for a few plants growing in your garden. It's all situational. Whether you get nailed or not has alot to do with issues other than the fact the plants are growing on your property.

Over a decade ago a friend grew around ten large plants and these yielded multiple flowers each, most have one flower but some of hers grew two or more from branches as she was fertilising them heavily. These yielded at least a half medicine cup full of opium around 25 mL or so with the opium collected over three collections on three days in the mornings. The flowers are short lived so once the opium is collected the pods can be collected and dried to collect the seeds and then composted afterwards.

[occidentalis]

Trichocerus and others are fine, but I was under the impression the Williamsii are a no-no..

I'm only going to say this once more
You need to check your state's drug act for what's illegal and what's legal.

In most states, only the Famous Five are illegal by virtue of the SUSDP. Anything else is only illegal if you intend to consume it. Or in some cases not even then.
In some states (ACT for example) there are many other plants specifically listed in the legislation. Cacti might be included. They are not in WA.

Ok, I'll say it one more time:
YOU NEED TO CHECK YOUR STATE'S DRUG ACT.

oh, ok - you want to know how to do that? Find them on http://www.austlii.edu.au/. Not always 100% up to date but pretty good for most purposes.

[alkatrope]

[Torsten]

austlii is terrible!!! please do not rely on them. Best option is to go the the respective state govvy website and look for their legislation section. then find the drug act. you might also need to check associated schedules, regulations as well as the crimes act / criminal code. Each state is different. however, I have noticed that Victoria has over the last few months aligned itself with the federal code (just like ACT and Tas). This does not mean they don't have extras in their state code, but at least we can now rely that all federal listed schedules are also in the state acts.

eno - poppy pods are illegal to grow, possess and especially sell in any form. They are listed specifically as 'poppy straw' and people have been prosecuted for selling them (incl an art supply shop and at least 2 individuals I know). Growing poppies and then making them disappear is one thing, but putting them out there as publically recorded evidence is a bit risky. Ebay is by far the worst place to do this.

[occidentalis]

austlii is terrible!!! please do not rely on them.

Why do you say this T? Because they are out of date?