Legality Of Papaver somniferum in Victoria

[Ishmael Fleishman]

I am looking into Papaver somniferum and it is a little confusing.

 

I know that there are legally licensed commercial growers. I have seen articles about the Victorian government's changes to the law to allow this.

I know that Papaver somniferum grows wild in Victoria. That it is considered a weed.

I know little old ladies who grow them as I have seen them in gardens.

However, I read a newspaper article about a methadone addict who grew Papaver somniferum and got busted.

I know that bunnings sell - https://www.bunnings.com.au/mr-fothergill-s-poppy-flanders-red-flower-seeds_p2960388 but I believe these are "false poppies".
I know that florists sell dried poppies as part of arrangements. However, as I understand these contain no active compounds due to the alkaloids breaking down after a certain amount of time. 

It seems no site will give me a definitive YES/NO. Can anyone clarify? 

Is it a question of as long as you do not harvest and they are purely ornamental like San Pedro then you are fine?

 

 

 

[fyzygy]

7 hours ago, Ishmael Fleishman said:

Is it a question of as long as you do not harvest and they are purely ornamental like San Pedro then you are fine?

Probably a safe bet. Huge variety of poppies growing around Melbourne suburbs. Just like San Pedro (which is even known to appear in public gardens around Melbourne).

Can anyone point to any Australian law or regulation which clearly states that San Pedro is legal for ornamental purposes? 

If even Bunnings sells San Pedro, and organic grocery stores sell various poppy seed varieties, I'd say these are far from illegal to grow. Extraction of the active alkaloids would be a different matter entirely. 

Edited October 23, 2022 by fyzygy

[Ishmael Fleishman]

This seems the law is opaque on this. 

 

As far as I understand San Pedro is illegal under federal law. However, it is the state's prerogative to implement the federal government's legal guidelines.

This is why in Victoria and NSW you can trade and own San Pedro. However, in QLD you will do prison time.

Under federal law, the plant (San Pedro) and the alkaloids are one and the same. Possession of 10kg of fresh San Pedro is the same as 10kg of Mescaline. Or so I understand from what I have a read.

Edited October 23, 2022 by Ishmael Fleishman

[Alchemist]

Just don't lance them!  Grow them for art and beauty in the back yard. Grow a few only.

Spencer's spices from Coles or Woolies are very viable as are the ones from shops such as 'Source Bulk Foods'. For a few bucks you can grow a forest.

White ones in Indian shops no good, probably roasted.

[fyzygy]

On 23/10/2022 at 12:22 PM, Ishmael Fleishman said:

Under federal law, the plant (San Pedro) and the alkaloids are one and the same.

^ What's the legal reference?

 

I noticed a couple of things trying to get my head around the law in WA (at the request of a stickler for paperwork). In one of the legislative instruments, having equipment to manufacture a poison is tantamount to manufacture: no prohibited plant material required. I'm guessing anyone with a saucepan or oven in their kitchen could be at risk of police harassment in WA. The other thing I noticed somewhere, was an exemption for botanical, chemical or other experts -- apparently these are permitted possession of otherwise prohibited plant materials in WA? 

 

[Cubism]

I don't have anything about legal stuff etc to add but from just learning about entheo stuff generally is pretty much what Alchemica said.

 

I think it's illegal but is one of those laws that are only enforced in a discretionary way by police. So if it's a grandma's garden or you have a few to decorate your garden, you should get a slap on the wrist at worst. Like Alchemica said, lance them and you risk trouble, same with growing lots of them. 

 

I remember reading about that guy in Melbourne. He had grown pretty much a whole garden full, including in his front garden for everyone to see. So he basically grew a crop at home.

 

If you grow some in your backyard, unless you have a complete and utter nosy asshole of a neighbour, there's not much to worry about. 

 

I think it is somewhat similar with trichos isn't it? It's more of a discretionary thing again, so long as it's decorating your garden and not in a pot in your kitchen. Also, that law about 10kg of Pedro being treated as 10kg of mescaline by the law seems completely fucking nuts, until you realise it was probably some dick of a politician got it passed through the govt.

[withdrawl clinic]

i hope some of you manage to find old posts regarding this subject.

 

even poppy of flanders contains alkaloids, and so does californian poppy....

i posted once a topic called home milking of poppies, meaning cut the stems, and lance them at home out of sight from, preying eyes.

emerging the stems into hot water helps.

even in the gardening australia tv show, one can often see papaver somniferium, so as long you make it a gardening delight, you could be ok.

 

one a sight note, the northern terretory farmers wanted to grow poppy and the tassy people stopped them, crazy if you think not enough legal poppy is produced world wide.

i suggest to give, "illegal poppy growers" (say in afghanistan) the right to grow legal poppy!!

it's all a world conspiracy, haha.