celestariel Posted October 10, 2008 Hey guys, I have read a very interesting article in a forum about Salvia Divinorum today. http://www.australianethnobotany.com/viewtopic.php?t=930 It states that when the Therapuetic Goods Admin schedules a plant as being banned, for whatever reason, the federal government doesn't have the power to legally enforce it, only the states do. So TGA scheduling is forwarded to the states as a recommendation and is not legally enforceable, unless it is legislated by that state as law. I've emailed TGA and WAQIS (WA quarantine) and have got no reply from either. Does anyone have any knowledge about this, or knows what the legislation act is, or which state department manages it? The article I read stated that in Victoria, Salvia is illegal to sell or buy, but NOT to possess or use, which is a nice little loophole if it is in fact, true. But also it is legally quite intriguing. I'm studying enviro law, and I can see how it is a state responsibility unless it is imported, which is when it becomes a federal issue. I know this is the really long way around getting access to a wonderful life changing plant, but from the few experiences I had prior to it being illegal, i found a deep respect and affection for the Lady Sage. All I can say is that it's a shame she only reproduces through propagated cuttings, which I've I still have never come across. Why doesn't she set seed ha? But that's the majesty of life. Share this post Link to post Share on other sites
occidentalis Posted October 11, 2008 I've emailed TGA and WAQIS (WA quarantine) and have got no reply from either. State quarantine would have nothing to do with it and the TGA wouldn't be able to comment on state legislation. Does anyone have any knowledge about this, or knows what the legislation act is, or which state department manages it? In WA the Acts of interest are the Poisons Act and the Misuse of Drugs Act. Share this post Link to post Share on other sites
Thelema Posted October 12, 2008 both legal instruments refer to the SUSDP in WA, and hence salvia illegal. Share this post Link to post Share on other sites
Torsten Posted October 13, 2008 yep, what thelema said. this has been covered many times before and the TGA/SUSDP vs state law process is explained in detail on our salvia page. Share this post Link to post Share on other sites
