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Happy Cadaver

Australia's Naughty Plants & The official gardening tips thread

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i heard in some states (south asutralia and ACT) marijuana is legal to grow for personal use - max of a couple of plants. could someone confirm this, i may be wrong...

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ok i just found this info on a site...looks like im wrong

MAXIMUM PENALTIES

SOUTH AUSTRALIA:

-Supply or possession ( over 10kg dry or 100 or more plants ): $500,000 fine and/or up to 25 years' prison

-Supply or possession ( over 2kg dry or 20 or more plants ): $50,000 fine and/or 10 years' prison

-Possession ( under 2kg dry or less than 20 plants ): $2000 fine and/or 2 years' prison

-Possession ( over 100g, or more than one plant ): refer to court

-Under 100g of cannabis but more than 25g, or one cannabis plant: expiation notice for $150 plus $10 levy

-Less than 25g cannabis: expiation notice of $50 plus $10 levy

-Police enforcement policy

Tasmania

-Supply: for a traffickable quantity - over 1kg / 20 plants / 20 packets - up to 21 years in jail; for a non-traffickable quantity - up to 4 years in jail

-Use/cultivation: for sale - up to 21 years in jail; if not for sale - personal use - up to 2 years

-Police enforcement policy

-Maximum number of cautions: 3 in 10 years

New South Wales

-Supply and cultivation: $500,000 fine or up to 20 years' prison

-Use/possession: $2000 fine or up to 2 years' prison

-Police enforcement policy

-NSW police guidelines recommends caution to people in possession of 15g or less of cannabis, or who are using cannabis.

-Max number of cautions: 2

Western Australia

-Supply: $5000 and/or four years in jail to $100,000 and/or 25 years jail or both

-Cultivation: a person caught with up to two plants can be fined $200 or opt to complete a cannabis education session

-For possession/cultivation: 2-10 plants, the maximum $2000 or two years jail or both.

-Use/possession: a person caught with a smoking implement can be fined $100 or opt to complete of an education session; with 15 to 30g - $150 fine or the education session; 30 to 100g - $2000 or two years' jail or both.

Victoria

-For the supply of cannabis, the maximum penalty life in jail, a fine of up to $525,000 and forfeiture of property

-Cultivation: less than 100 plants or 25kg ( if for personal use ) maximum $2000 fine or one year in jail, if related to trafficking - maximum penalty of 15 years in jail. More than 100 plants or 25 kg - maximum penalty is 25 years in jail or $250,000. Also, houses used for growing commercial quantities are automatically forfeited if owned by the offender

-Use/possession: less than 50g - a $500 fine, plus a criminal conviction

-Since 1998 police have had the option of issuing cautions for cannabis offences by anyone aged over 17 that involves the possession of less than 50g.

Queensland

-Supply and cultivation: more than 500g or 100 plants

-Penalty: 15 years, or 20 years if aggravated supply ( if an adult supplies to a minor, intellectually impaired person etc )

-Use/possession: 15 years, or 20 years if amount involved is more than 500g or 100 plants

-Police must offer someone the option of the state's illicit drug diversion program if suspects are in possession of up to 50g of cannabis. Does not apply to all offences

-Max number of cautions: 1

Australian Capital Territory

-Supply: Trafficking less than 300g.

-Penalty: $30,000 fine and $3 years.

-Trafficking commercial quantities:

-Penalty: up to $250,000 fine and between 10 years and life imprisonment ( for more than 125kg )

-Use/possession and cultivation: Up to 25g or not more than two cannabis plants.

-Penalty: $100 fine.

-Possession: more than 25g and less than 300g

-Penalty: $500 and two years' jail

Northern Territory

-Supply: of traffickable quantity ( 5 - 19 plants, or over 50g resin ) to a child by an adult

-Penalty: 14 years in jail

-Supply: of traffickable quantity ( more than 20 plants or 500g resin ) to an adult

-Penalty: $10,000 fine or 5 years in jail

-Supply: of a commercial quantity to a child by an adult

-Penalty: 25 years in jail

-Supply: of commercial quantity to an adult Penalty: 14 years in jail

-Cultivation: Less than 5 plants - $5000 or 2 years in jail; a traffickable quantity - 7 years in jail; a commercial quantity - 25 years in jail

-Use/possession: two or fewer plants or less than 50g - $5000; between 3 and 19 plants - $10,000 or jail for 5 years; more than 19 plants or more than 500g - 14 years' jail

-For possession, the police have the discretion to apply a $200 fine for quantities of up to 50g of cannabis resin / 2 plants / 10g of hash or cannabis seed rather than a criminal charge.

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Ive wondered about that myself (the ACT & SA 'legal to grow' rumours). I think it is more a case of the weed being decriminalised for individual consumers, and if you get busted you will be fined (like a parking ticket) but not formally charged (like you would if you belted someone).

I like WA's 'fine or education session' option if being caught with small qty. Shit, is that a Clockwork-Orange style reprogramming or what ??? Creepy.

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I like WA's 'fine or education session' option if being caught with small qty. Shit, is that a Clockwork-Orange style reprogramming or what ??? Creepy.

I've described my own experience with this system elsewhere on the forums.

I may have been lucky with this but I found it entirely non-judgemental, well informed, open ended, and potentially very beneficial for some people. This was several years ago though and the laws have changed since, so no idea if the education session system is still the same.

There is a list of plants that are illegal to cultivate or possess. These plants are all scheduled in the TGAs schedule of controlled substances. Specifically written in there with their linnean names. I do not know if these plants are also listed elsewhere but I believe their illegality stems primarily from their inclusion in the TGA schedule.

Just to clarify on this darcy

The illegality of these plants stems from their inclusion in the state drug acts. The Commonwealth and TGA do not have any specific legislative power over drug matters so it's up to the states to enshrine anything suggested by the SUSDP schedulings in their respective legislation. This may be done by specifically listing the plant or drug in question in the state act, or by a blanket clause in the act that effectively says "oh yeah, and anything the SUSDP says goes, the TGA is really cool and we do whatever they say cos they rock". The latter appears to be the case in most states although the ACT seems to like listing everything specifically.

But how then to establish that intent? Perhaps if you were found with a half-made pedro soup and an Erowid page on cactus preparation open that would be enough. Or perhaps just the cactus soup. Or perhaps just a growing cactus, and an erowid page in your browser history. There is very little precedent in this country for these kinds of cases so we don't really know.

Also, I have been considering this point and I would love to see some case law on the topic. Is there any?

On my bookshelf there is a copy of Luke Rhinehart's The Dice Man. In one of my draws, there is a pair of dice. According to the logic that possession of books can prove intent, I am now guilty of intent to rape, murder, and a host of other serious crimes.

While I concede the first example in my quote above would be a fairly watertight case, I can't honestly see how having literature referring to entheogenic plant consumption coincident with growing legal entheogenic plants could prove anything. It could definitely support other evidence but I don't think it could be proof on it's own. Interest in entheogenic plants as anthropological and botanical curiousities should not necessarily be equated with intent to consume them by anyone with half a brain.

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Also alcohol for the under 18's. Be good, kids. :innocent_n:

I would have thought it is ok for people under 18 to drink alcohol as long as its under parental supervision, and I was just reading about that in SMH, where it is critisised for contribute to binge drinking.

http://smh.com.au/news/health/allowing-chi...1211949439.html

"Giving a child a glass of wine or beer over dinner may contribute to binge drinking, new research suggests."

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also cubensis growing (magic mushrooms) are most likely not legal in Oz unless you are a career mycologist. Consumption is definately breaking the law, regardless of the 'shroom origin.

Not just cubensis but all species of the Psilocybe, Panaeolus, Copelandia, Gymnopilus, etc genus's that contain Psilocin, Psilocybin or Baeocystin are illegal to cultivate or have fresh or dried specimens in possesion. spores are a "legal loophole" as they do not contain any of illegal compounds. Amanita pantheria and A. muscaria are illegal to posses and cultivate. btw i didnt research this just picked it up from the forums

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I have been told by the TGA that in SA it is illegal to possess khat and that in that state the possession is extended to the live plant. Apparently the state prosecutor successfully prosecuted someone in SA for growing khat even though there was no harvest or consumption.

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Not just cubensis but all species of the Psilocybe, Panaeolus, Copelandia, Gymnopilus, etc genus's that contain Psilocin, Psilocybin or Baeocystin are illegal to cultivate or have fresh or dried specimens in possesion. spores are a "legal loophole" as they do not contain any of illegal compounds. Amanita pantheria and A. muscaria are illegal to posses and cultivate.

Which states is baeocystin illegal in?

Spores are not a 'legal loophole', they are entirely legal to possess and use for microscopy purposes. They may also be legal to possess and use for cultivation, if being cultivated only for ornamental purposes, but play on the safe side and don't try it.

Does A. pantheria contain any scheduled compounds?

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Which states is baeocystin illegal in?

Spores are not a 'legal loophole', they are entirely legal to possess and use for microscopy purposes. They may also be legal to possess and use for cultivation, if being cultivated only for ornamental purposes, but play on the safe side and don't try it.

Does A. pantheria contain any scheduled compounds?

by legal loophole I meant it is legal. if you are caught with cultivating psilocybin containing mushrooms I dont think it would matter whether it was for ornamental purposes or not you would most likely still be charged.

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A. Panthera conatins muscimole i think, not entirely sure, this isnt the death cap is it. On Erowid it has info on panthera, it is used the same way as muscaria, i'm led to believe it is more potent, due to the experince i read of one guy ingesting it.

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by legal loophole I meant it is legal. if you are caught with cultivating psilocybin containing mushrooms I dont think it would matter whether it was for ornamental purposes or not you would most likely still be charged.

I realised you meant it is legal, but the term 'legal loophole' implies something that is technically legal but against the spirit of the law (IMO). Possession of spores does not fit this description.

So what do you think makes cultivation of psilocybin containing mushrooms for ornamental purposes different to cultivating mescaline containing cacti for ornamental purposes?

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by legal loophole I meant that while its illegal to have the actual mushroom the spore prints are legal because they do not have scheduled substances. unlike say cannabis in which the seeds are also illegal. the difference between cultivating mescaline containing cacti and psilocybin containing mushrooms is that growing cacti is completely legal if you do not intend to consume. whilst i heard that people have been charged just for importing spore syringes because of 'intent to cultivate'. i see your point though in actual fact there is no difference

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....unlike say cannabis in which the seeds are also illegal.

Yea ? I would have thought that there is no tetrahydrocannabinol present in the seed, so therefore not a banned item. Of course, Im probably wrong on both counts, and will undoubtedly be corrected.

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The major legal difference between cannabis and mushrooms is that cannabis is specifically illegal in all states - mushrooms are in most states only illegal by virtue of the the prohibited substances they contain.

It's also important to note that sporeprints are probably not legal because someone forgot to illegalise them, but because they have specific uses (the identification of mushrooms) which makes their easy availability too important to make them illegal.

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That's because it's A. pantherina.

There is trace THC in the seed. Any is illegal.

I imagine Baeocystin is illegal as a DMT analogue.

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Virola peruviana is the only species that has been assessed by quarantine to be permitted. Others would likely b =e permintted too, but it will cost you $60 and a pile of paperwork to find out. The seed would be legal if it contains no traces of tryptamines. I have the feeling it might have some though. Still, I have had seed confiscated that did not have any scheduled substance, but where the seed can be grown into a plant that contains the scheduled substance. It's called 'community protection'. This is a very broad definition customs appears to be quite comfortable with. Luckily they rarely enforce these laws on a consistent basis.

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Luckily they rarely enforce these laws on a consistent basis.

Personally I think thats probably worse because it means at their descrition charge anyone who *#[email protected] them off.

I'd love to see the judgement for the KHAT case since obiviously so special about KHAT thats not special say about many wattles or morning glories ect. If the ruling was in the magistrates court is probably not such a big deal but if it was made in a higher court the ruling would have set a precident and as such its law until its over turned.

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Still, I have had seed confiscated that did not have any scheduled substance, but where the seed can be grown into a plant that contains the scheduled substance. It's called 'community protection'. This is a very broad definition customs appears to be quite comfortable with. Luckily they rarely enforce these laws on a consistent basis.

doesnt ephedra fall under that?

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doesnt ephedra fall under that?

yep, that's the one they screwed me on.

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Well I was looking at moving to Canberra and thought it wise to check if my Lophs were not going to be a problem. I bet your going to be as shocked as I was!!!!

The following is taken directly from the "Australian Capital Territory drugs of dependence act 1989"

RTF version here

Google link so you can view as text

162. Cultivation of prohibited plants

(1) In this section--

"cultivate", in relation to a prohibited plant, includes plant, sow, scatter the seed produced by, grow, nurture, tend or harvest;

"prohibited plant" means a plant specified in Schedule 5.

(2) A person shall not cultivate, or participate in the cultivation of, a prohibited plant.

Penalty:

(a) where not more than 5 cannabis plants are cultivated--$100; or

(B) in any other case--$5,000 or imprisonment for 2 years, or both.

(3) A person shall not cultivate, or participate in the cultivation of, a prohibited plant for the purpose of sale or supply.

Penalty:

(a) where more than 1,000 prohibited plants are cultivated--imprisonment for life;

(B) where more than 20 but not more than 1,000 prohibited plants are cultivated--

(i) in the case of cannabis plants--$20,000 or imprisonment for 10 years, or both; or

(ii) in any other case $100,000 or imprisonment for 25 years, or both;

© where more than 5 but not more than 20 prohibited plants are cultivated--

(i) in the case of cannabis plants--$10,000 or imprisonment for 5 years, or both; or

(ii) in any other case $20,000 or imprisonment for 10 years, or both; or

(d) where not more than 5 prohibited plants are cultivated--

(i) in the case of cannabis plants--$5,000 or imprisonment for 2 years, or both; or

(ii) in any other case--$10,000 or imprisonment for 5 years, or both.

(4) Without limiting the generality of subsection (2) or (3), a person shall, for the purposes of whichever of those subsections is applicable, be taken to participate in the cultivation of a prohibited plant or prohibited plants if the person--

(a) participates in any step or process, or causes or permits any step or process to be undertaken, in the course of that cultivation;

(B) provides finance, or arranges for the provision of finance, for such a step or process; or

© being an owner, lessee or occupier of any premises, or concerned in the management of any premises, causes or permits those premises to be used for such a step or process.

(5) For the purposes of this section, where a person cultivates, or participates in the cultivation of, more than 5 prohibited plants, it shall be presumed that the cultivation is for the purpose of sale or supply, but that presumption is rebuttable.

Now the scary bit:
Schedule 5 Section 162

prohibited plants

Amanita cothurnata

Amanita gemmata

Amanita muscaria

Amanita pantherina and other

Amanita spp

Banisteria caapi

Banisteriopsis inebrians

Cannabis

Catha edulis

Conocybe spp

Erythroxylon spp

Gymnopilus spp

Haemadictyon amazonicum

Lophophora williamsii

Papaver oriental (Papaver bracteatum)

Papaver somniferumi

Peganum harmala

Piptadenia peregrina

Piptadenia macrocarpa

Prestonia amazonica

Psilocybin

Stropharia cubensis

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Conocybe spp?

They're really scraping the bottom of the barrel there.

And I wonder if anyone should tell them that Psilocybin is not a plant?

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Ive wondered about that myself (the ACT & SA 'legal to grow' rumours). I think it is more a case of the weed being decriminalised for individual consumers, and if you get busted you will be fined (like a parking ticket) but not formally charged (like you would if you belted someone).

I like WA's 'fine or education session' option if being caught with small qty. Shit, is that a Clockwork-Orange style reprogramming or what ??? Creepy.

You do get formally charged. You receive a criminal conviction and thus are not allowed to go overseas into many countries, ever. As you have a drug conviction on your record.

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