spice-of-life Posted December 30, 2011 (edited) Just wondering what the legal status currently is, in regard to growing certain species of plants for ornamental purposes. ie. cactii, bonsai,ect Some of those living rock plants are amazing!! Will be investing in some of them very soon!! Edited January 5, 2012 by spice-of-life Share this post Link to post Share on other sites
Goldtop Posted December 30, 2011 As far as i know mate all that list is legal to grow, but i think when consumption comes into it is when shit gets messy, peyote is the one outlawed cacti. Loph wills are currently scheduled in qld, not sure about the rest of the species but i know that william isnt wanted here. Share this post Link to post Share on other sites
poisonshroom Posted December 30, 2011 Im pretty sure all lophs are illegal in QLD, but everything else on your list is fine. Share this post Link to post Share on other sites
markcond Posted December 30, 2011 Hey Day Tripper, I'm a little out of touch, though I think the previous comments are correct, ie: lophs illegal in Qld and in most other states as far as I recall. I also recall, some time in the last 12-18 months there was a great deal of discussion about proposed changes in federal laws with the aim of reclassifying a large number of plants so that even growing them would become an offense. I think the proposed changes were based more on the presence of particular substance present in plant rather than just the scientific classification/ species of plant. I do remember a thread on this site where it was pointed out that anyone with the extremely common San Pedro growing in their garden could technically be charged under the proposed changes. Sorry, I can't enlighten you as to what the outcome of the changes were as I lost track right about the time I checked in for a long holiday in Rehab ......Datura Stramonium...I have seen great harm caused to people who've been careless with this plant...sometimes irreversible. It can cause permanent damage to your eyes, even blindness and I personally know someone in their late 30's who has resided almost exclusively in psychiatric/nursing homes as a result of having naively experimented with Datura in their early 20's. It's pretty tragic. I advise great respect towards such powerful plants, and to be armed with as much knowledge of them as possible. But what am I talking about, after all, you did state clearly that you only want to look at them. Enjoy the view! Share this post Link to post Share on other sites
Torsten Posted December 30, 2011 Being Qld makes everything a little more complicated. The easy bit is that Lophs are definitely scheduled drug plants in Qld and people have been charged with possession. Lophs are scheduled in Qld, ACT and SA, as well as weed status in WA. In regards to the rest, there is no definitive answer. In other states the law usually states that preparations containing scheduled drugs are deemed to be that drug. The definition of preparation requires human intervention and has generally been interpreted as starting with harvesting. I know that when i was questioned about pruning my drug containing plants the aim of the question was for me to slip up and say something other than that pruning is only done for propagation or composting . In Qld however the word 'preparation' was stuck in 2008 and a new wording was put in its place which uses 'thing'. I have been advised by both my Qld barrister and the Qld health department that 'thing' includes live plants, however I have not been able to get a reply from the attourney generals department there. Ultimate it is the AG that decides on this interpretation in most cases, but interpretations by other departments are a good guide as to that status of the law [the health department also sues th word 'thing' in other contexts]. So if plant = thing then all plants that contain DMT, mescaline, harmaline, etc are illegal. I would personally operate under that assumption if I had a business in Qld, however I doubt that an individual would need to be concerned about such a strict definition. As for Datura/Brugmansia, other than weed regulations in various states I am not aware of any resrictions on them. Share this post Link to post Share on other sites
spice-of-life Posted December 30, 2011 (edited) I truly would love to know how Herbalistics are able to grow, sell, propagate,ect the above listed species legally on a commercial level. I think that having Herbalistics in QLD is a good thing for me legally because as long as they keep selling these species in QLD I know that I am safe legally also. Edited January 5, 2012 by spice-of-life Share this post Link to post Share on other sites
Torsten Posted January 2, 2012 just because one person or business gets way with it doesn't mean it is legal. ie, if you get busted it will not help your defence in any way if you claim someone else was also breaking that law. These laws are relatively new and there is almost no case law to show how they are being implemented, so until there is a case it is really all a guessing game. Share this post Link to post Share on other sites
spice-of-life Posted January 3, 2012 (edited) Might just stick to my bonsai Australians all let us rejoice For we are young and free I believe that now to be utter BS. This country unfortunately has gone to shit!! Edited January 5, 2012 by spice-of-life 2 Share this post Link to post Share on other sites
