Kratom - legal info sought

[Jimmy Vtak]

Is there anyone who knows how to look for the actual legal documentation that explicitly says that if is forbidden to import Kratom? I have searched the Customs Regulations and Schedules of banned substances on comlaw.gov.au but I simply cannot find reference to Kratom anywhere. Maybe I'm just not very good at trawling through this type of stuff. Maybe there's a legal minded person out there who can pick out the right document.

Everyone says it's illegal and I believe them, but I would really like to see the actual document. Even if someone could nudge me in the right direction I could probably take it from there.

Cheers.

[whitewind]

From AQIS - seeds for sowing

Condition C17666

Species listing for Mitragyna spp.

See Table 1 for a list of species that are permitted entry.

Note: Any species not listed in these tables are prohibited entry into Australia by legislation and require assessment.

Table 1: List of Permitted Species. These species may be imported subject to the conditions C7100, C7179, C7180.

Mitragyna rotundifolia

[whitewind]

Import case details - public listing New Search

Commodity: Plant prohibitions under Customs

Scientific name:

Synonyms: Show Synonyms

Country: All countries

End use: All uses other than as animal foods, fertilisers or for growing purposes

Date printed: Aug 14 2012

The information here covers AQIS quarantine requirements only and is current on the date of transmission but may change without notice. AQIS makes no warranties or representations with respect to the accuracy or completeness of that information and will bear no liability with respect to that information. Importers must satisfy quarantine concerns and comply with quarantine conditions applicable at the time of entry. The Commonwealth through AQIS is not liable for any costs arising from or associated with decisions of importers to import based on conditions presented here which are not current at the time of importation. It is the importer’s responsibility to verify the accuracy and completeness of the information at the time of importation.

It is the importer’s responsibility to identify and to ensure it has complied with, all requirements of any other regulatory and advisory bodies prior to and after importation including the Australian Customs Service, Therapeutic Goods Administration, Department of Health and Ageing, Department of the Environment, Water, Heritage and the Arts, Australian Pesticides & Veterinary Medicines Authority and any State agencies such as Departments of Agriculture and Health and Environmental Protection authorities.

Importers should note that this list is not exhaustive. Importers should also note that all foods imported into Australia must comply with the provisions of the Imported Food Control Act 1992 , an Act which is administered by AQIS.

Notification of the import must be provided to AQIS for all imported goods other than goods imported as accompanied baggage or goods imported via the mail and not prescribed under the Customs Act 1901. Notification must be consistent with Quarantine Regulations 2000 (examples include a Quarantine Entry or a Quarantine declaration).

Condition C5174

1. Certain species of plants/fungi and plant products contain drugs or precursors of drugs that are prohibited under Customs (Prohibited Imports) Regulations 1956.

2. Below is a list of those plant/fungus species and plant products that are prohibited under Customs (Prohibited Imports) Regulations 1956 as at September 30 2010. This list is provided for information only and is subject to change. Refer to the Australian Customs Service website for current details.

Plants, parts of plants and seeds prohibited under Customs Regulations

· Argyreia nervosa

· Cannabis sativa (Marijuana) - Cannabis and cannabis resin

· Catha edulis (Khat)

· Erythroxylon spp. (Cocaine)

· Ipomoea hederacea

· Ipomoea tricolor

· Ipomoea violacea

· Lophophora spp. - Any species of this genus

· Papaver bracteatum

· Nicotianatabacum (Raw and sun-dried)

· Papaver sominiferum (Opium poppy)

· Piper methysticum (Kava)

· Piptadenia peregrina (Anadenanthera peregrina)

· Rivea corymbosa

Fungi and plant products prohibited under Customs Regulations

· Chewing tobacco and snuff intended for oral use, imported in an amount weighing more than 1.5 kilograms

· Fungi that contain psilocine or psilocybine

3. Each consignment will be subject to an inspection to verify that it is free of seeds, live insects, soil and other quarantine risk material.

4. The quarantine import conditions and import permit requirements for these items can be found in ICON by searching for the plant/fungus species name. If the plant/fungus species cannot be found, email Plant Quarantine Program.

5. Any plants (or parts of plants, including seeds), fungi (or parts of fungi), and plant products that are prohibited under the Customs (Prohibited Imports) Regulations 1956 that are found by quarantine officers will be referred to the Australian Customs Service.

Condition C5012

This commodity or species may be subject to Australian Government Department of the Environment, Water, Heritage and the Arts legislation under the Convention for International Trades in Endangered Species CITES. Commodities/species known to be, or considered to be covered by CITES will be referred to the Australian Customs and Border Protection Service (Customs) on arrival to Australia, in addition to their need to satisfy quarantine import conditions.

CITES queries can be directed to the Australian Government Department of the Environment, Water, Heritage and the Arts on the details below:

Phone: 02 6274 1900

Fax: 02 6274 1921

Email: [email protected]

Internet: www.environment.gov.au

Entry Management EM0184

DAFF Biosecurity minimum documentary requirements to support assessment of all documentation

All documentation presented to DAFF Biosecurity as part of the import process must meet the requirements of the Minimum Documentary Requirements Policy. These requirements include:

Overarching Requirements (e.g. legible, in English, signed, dated, linked to the consignment);

Document Format Requirements (e.g. as per nationally accepted practice and standards, or on company letterhead); and

Prescribed Information Requirements (e.g. treatment certificates must include a description of the goods/packaging treated)

Entry Management EM0185

AQIS information requirements to support assessment of non-commodity concerns associated with imported cargo

All documentation presented to AQIS to assist in determining the level of quarantine risk posed by transportation pathways and packaging must meet the requirements of the Non-Commodity Information Requirements Policy. These requirements address:

Container cleanliness;

Packaging concerns (e.g. presence of timber or prohibited packaging material); and

Destination concerns (e.g. destined for a rural unpack location).

Treatment T9901

Treatment is required when goods are found to be infested or contaminated with live quarantine pests or there are other biosecurity concerns present. An appropriate treatment (or treatment options) will be determined by AQIS.

[waterboy 2.0]

Considered a schedule 9 poison if I recall right.

I would also check your States Poisons Act (or equivalent) using the species name, to get an idea of what hypothetically would happen if they were to let it go through and get into your hands, then knock on the door.....

[whitewind]

http://www.health.gov.au/internet/main/publishing.nsf/Content/ocs-treaties-compliance-prohibited-impexp-precursor.htm

[Jimmy Vtak]

Thanks for your helps guys.

I'm still going a bit crazy though. From what I can gather from the links and hints you've given me, it seems it is forbidden to import Mitragyna Sp seeds for sowing, but I still can't find any reference anywhere to Kratom, Mitragyna Sp, Mytragynine, or any of the active compounds on any of the lists of prohibited imports. Nor can I find it in the poisons act Victoria.

I am still assuming it's forbidden to import, but they are making it very difficult to find out for sure.

Edited August 14, 2012 by Oiseau

[Alice]

http://www.erowid.org/plants/kratom/kratom_law1.shtml

^ is a copy of the decision. Shouldn't be too hard to track down the original. S9 = no go.

[Jimmy Vtak]

Ok thanks Alice. I've found the document I was after...

http://www.comlaw.gov.au/Details/F2009L03012

[Torsten]

Mitragynine is TGA S9 which is incorporated into the various state drug and poisons legislation. In most states mitragynine is a prohibited drug, scheduled separately in the state drug acts. Can't tell you from memory if mitragynine is listed in any import laws, but as it is covered by state law it doesn't really matter.

That boat sailed about 8 years ago....