Edited, nothing to see here

[gilligan]

Edited

Edited October 19, 2007 by gilligan

[Legba]

Some fool went and made sally illegal in this country gillian. I hope she finds you one day.

[tonic]

[flora]

Some fool went and made sally illegal in this country gillian. I hope she finds you one day.

actually im pretty sure it depends on what state you're in and Sally has an alright time in WA afaik

[shruman]

"actually im pretty sure it depends on what state you're in and Sally has an alright time in WA afaik"

Actualy it is one of five plants federaly scheduled by the TGA the other four being cannabis, Papavier somniferium, Erythoxylum sp, Mitrigyna speciosa.

[Torsten]

shruman is spot on. sally herb & plants are illegal in all states.

[gilligan]

Edited

Edited October 19, 2007 by gilligan

[flora]

shruman is spot on. sally herb & plants are illegal in all states.

The federal gov drugs laws only come under federal jurisdiction.

That relates mainly to importation from overseas and trade BETWEEN the states.

So it is an offense to send certain things over states borders but no problem to

just have them in the state.

Johnnies little committee, its report and schedules are nothing more than an attempt

by the Libs to overstep their federal jurisdiction. Nothing new. This government has

been conducting itself like this since it got into power. But it really doesnt count for

anything.

Last time i checked some states had made salvia illegal. But some states have

almost no illegal plants!!

[Conan Troutman]

so your saying federal laws dont over ride state laws?

**think this should be moved to legal

[rahli]

I'm not sure how accurate this link is on the subject but it's worth a look

http://www.drugsense.org/dsw/2002/ds02.n253.html#sec6

[occidentalis]

The federal gov drugs laws only come under federal jurisdiction.

That relates mainly to importation from overseas and trade BETWEEN the states.

So it is an offense to send certain things over states borders but no problem to

just have them in the state.

Johnnies little committee, its report and schedules are nothing more than an attempt

by the Libs to overstep their federal jurisdiction. Nothing new. This government has

been conducting itself like this since it got into power. But it really doesnt count for

anything.

Last time i checked some states had made salvia illegal. But some states have

almost no illegal plants!!

Flora, you are correct that the SUSDP is not implemented directly in the states. The states have to enact it as state legislation. Or else, they insert a statement into preexisting state legislation, such as the WA Misuse of Drugs Act, which references the SUSDP, so anything in the SUSDP is in the MoDA. Anything the TGA schedules is automatically scheduled in WA. AFAIK it isn't in the Austlii version of the MoD legislation but it has been updated since then so don't rely on Austlii. I only have access to the old version but Torsten assures me it is in the new legislation.

This issue has been discussed ad nauseum before. Flora, before you jump in as a new user and post information which could get people into trouble, please read some of the many old threads on this topic. I am very willing to be proven wrong about this, btw ;).

Conan, the commonwealth has specific powers in terms of what it can legislate over. Drugs are not one of them, so they can only deal with drugs indirectly, ie as flora mentions by means of their legitamate power over interstate and international trade. For any criminal law related to drug possession or manufacture, the states are in charge of legislating. Things get a bit fuzzy with organisations like the ACC but what I've outlined is the textbook description of how it works.

[flora]

thanx, i have read up on this numerous times b4 and of course it is quite confusing and conflicting.

actually it is referenced in the Poisins Act 1964

hmm

http://www.slp.wa.gov.au/statutes/swans.ns...c1?OpenDocument

from the State Law Publisher, Official publisher of Western Australian legislation and statutory information.

Edited October 1, 2007 by flora

[indigo264nm]

Hahahaha - christ, I can't believe everybody is always so keen to make a post openly declaring that they are trying to find Sally and nobody takes it a step further and asks for mushrooms or dimitri... is it because people don't think Salvia is as illegal as any other drug in Aus, and everybody assumes mushrooms and dimitri are illegal so they shouldn't incriminate themselves on a public forum???

[occidentalis]

actually it is referenced in the Poisins Act 1964

ah thanks

I guess that's why I couldn't find it in the MoD Act.

[flora]

ah thanks

I guess that's why I couldn't find it in the MoD Act.

yes its double-referenced in the MoDA... the MoDA Schedule references the Poisins Act which refernces SUSDP

[occidentalis]

yes its double-referenced in the MoDA... the MoDA Schedule references the Poisins Act which refernces SUSDP

Just to make it easy to understand I guess

[Torsten]

drug laws have been wrenched from state control over the last 10 years with our without their agreement. Some drug law is now enshrined in the federal criminal code act, but most of it is still applied via the SUSDP. I am sure it will take a few years for peopel to catch up to this and in the meantime there will be continued confusion. Just to make it clear ocne and for all, the SUSDP is made law by each and every state/territory health, poison or drug act. ie, the SUSDP is law in all states even though it says in the SUSDP that it is merely a recommendation to the states. The states could turn their back on S8 and S9 of the SUSDP at any point if they liked, but at this point in time all state governments are towing the line.

[Conan Troutman]

Thanks for some clarification dudes