legal matters for south australia

[mercury35]

I did a bit of digging on the south australian law on illegal plants and came up with the following info for South Australia this info was obtained from the http://www.austlii.edu.au/ website

section 33k of the controlled substances act 1984 makes it illegal to cultivate a controlled plant

section 5 , subsection 3 of the controlled substances act (general)regulations 2000 , dated 3.12.2007 makes the growing a plant listed as controlled and possessing cuttings in a growing medium for cultivation of a controlled plant an offence

schedule 3, part 1 of the controlled substances act (general)regulations 2000 , dated 3.12.2007 lists the following controlled plants and a few others

erythroxylum

papaver spp

catha edulis

ephedra spp

datura , and more . but here is where it gets even more stupid

any plant containing DMT , presumably this includes acacia spp because it does mentions ANY plant containing DMT

any plant containing mescaline is also included.

D'OH

I have no legal training but that is that the law seems to be in South Australia

Any comments , opinions would be welcome as this is just my reading of the acts and regulations , just thought it would be worthwhile info to pass on. attached is a copy of the regulations

2000.199.un.pdf

2000.199.un.pdf

2000.199.un.pdf

[teonanacatl]

shit ay

[mercury35]

shit ay

shit aint the word , everyone thinks QLD was first, this regulation became law in S.A. on 3.12.2007. While the

act in QLD has not commenced at this date, the act includes a legal statement saying it is basically in force from the 20/2/2008.

For a state like S.A. that was a forerunner in marijuana laws to free up the courts by decriminalizing small scale plantings (currently 1 plant , outdoor not hydro) and simple possesion of less than 100gms and made these offences punishable by a $300 on the spot fine this is a big step backwards for S.A. Whats next outlaw peppermint tea and bergamot and camomille

How can you outlaw the growing of an acacia tree because it contains DMT. What a bloody nightmare. I thought Qld had the most draconian drug laws till I read this from our unesteemed supposedly peers in government.

[teonanacatl]

I believe ACT was infact first.

[mercury35]

I believe ACT was infact first.

doesnt really matter who was first , where did they sneak this shit in

suppose it is only a matter of time before all of Aust follows suit

may drive past the local politicians houses and if they have an acacia tree growing make a complaint under the S.A. law that says all plants containing DMT are controlled plants and see how that goes down in parliment. This is the S.A. law all plants containing DMT are controlled plants See em deal with that since ther is no exclucion and a fully grown tree would weigh tonne's one would have to say that tonne's of this material would have to equate to a large commercial enterprise

[shruman]

"I believe ACT was infact first."

Yeah the ACT copied a list out of an ethno book, mistakes & all. Quite a long list too.

Apart from the big five they also have in SA:

Papaver bracteatum

Any plant containing mescaline including any plant of the genus Lophophora

Any plant containing DMT including any plant of the specie Piptadenia peregrina

Catha edulis Forsk (khat)

Any species of the Genus Ephedra which contains Ephedrine

Any species of Brugmansia Pers

Any species of Datura L

Just pinched this & posted at AE, Thanks merc

Edited March 31, 2008 by shruman

[mercury35]

"I believe ACT was infact first."

Yeah the ACT copied a list out of an ethno book, mistakes & all. Quite a long list too.

Apart from the big five they also have in SA:

Papaver bracteatum

Any plant containing mescaline including any plant of the genus Lophophora

Any plant containing DMT including any plant of the specie Piptadenia peregrina

Catha edulis Forsk (khat)

Any species of the Genus Ephedra which contains Ephedrine

Any species of Brugmansia Pers

Any species of Datura L

excactly , that makes an acacia tree illegal in S.A. , wonder how many politicians have them at home or at their offices . also what about the botanical gardens.

Dont know much about mescaline but I was of the opinion that lots of cactii carry mescaline be it in tiny amounts

See how the law works when someone reports a a polly or a cop for having an acacia tree or a mescaline containing cactus in their yard. After all the law is the law and it applies to all.

The S.A. law makes no mention of end use it just says having the live plant or a cutting in growing medium constitutes the offence .

here is the link to the controlled substances (general) regulation 2000 http://www.austlii.edu.au/au/legis/sa/consol_reg/csr2000406/

it states that having :-

a growing plant listed in Schedule 3 Part 1

or

a cutting taken from a plant listed in Schedule 3 Part 1 (provided that the cutting has been planted or otherwise placed in a growing medium)

is a no no

[Jonny Deformed]

The 50c coin features the Commonwealth Coat of Arms at its centre, surrounded by Australia’s floral emblem, the Golden Wattle. It is said that the kangaroo and emu were chosen as neither animal can move backwards, denoting an advancing nation....

To me, a country that outlaws the very plant emblemed on its money is backwards.

Which will they change, the law or the coin?

Or neither because your average joe won't even realize.

[teonanacatl]

I dont think the law is aimed at people who are growing one wattle or one loph, rather those who are growing a large quantity.

[Jonny Deformed]

I dont think the law is aimed at people who are growing one wattle or one loph, rather those who are growing a large quantity.

Like national parks and nurseries

[mercury35]

I dont think the law is aimed at people who are growing one wattle or one loph, rather those who are growing a large quantity.

Regardless of who the law is aimed at, the law is the law and thats it , In S.A. the law says you MUST not have any plants containing DMT . If reported the police must investigate , as the law stand if you have plants containing DMT they must prosecute because according to this law possessing a live plant or a cutting in a growing medium makes you guilty of the offence by my reading of it .

The is no suggestion of you having to cultivate it by watering , fertilizing etc , the live plant or cutting is the offence

I have posted a copy of the regulation in my original post as well as links to this regulation

[gilligan]

Regardless of who the law is aimed at, the law is the law and thats it , In S.A. the law says you MUST not have any plants containing DMT . If reported the police must investigate , as the law stand if you have plants containing DMT they must prosecute because according to this law possessing a live plant or a cutting in a growing medium makes you guilty of the offence by my reading of it .

The is no suggestion of you having to cultivate it by watering , fertilizing etc , the live plant or cutting is the offence

I have posted a copy of the regulation in my original post as well as links to this regulation

It would definitely be interesting to see this game played out, especially if we had someone who was a reporter or something sypathetic to the stupidity of these laws. Finding a high profile pollie who was "indulging in criminal acts" by knowingly growing an acacia (albeit not knowing this plant was scheduled) as a test case would be great.

Even "letters to the editor" in newspapers may be worthwhile to raise the issue and it's stupidity? (Only in the states where these are isuues) *shhhhhh sleeping doggies, shhhhh*

Fucking retards. Who the fuck do they think they are? Big fucking brother, welcome to 1984. Four legs good, two legs baaaaaaaad.

[teonanacatl]

There is a difference in what is the law and what is enforced, sure I agree with what your saying but it is extreme. They are only out to bust people using them for drugs, so perhaps youd get charged for having a few lophs when they busted you for growing cannabis.

Id like to see that situation played out aswell but would it really lead to good publicity?

[gilligan]

There is a difference in what is the law and what is enforced, sure I agree with what your saying but it is extreme. They are only out to bust people using them for drugs, so perhaps youd get charged for having a few lophs when they busted you for growing cannabis.

Id like to see that situation played out aswell but would it really lead to good publicity?

You're right, and the law would be enforced moreso for these conditions, but at the same time, it's just the fact that they are able to make these rules with no regard for those people that actually give a rats arse about the plants that gets me riled, and leads me to such outrageous statements

The publicity could be a double edged sword, as bringing it into the mainstream could show how stupid the laws as they stand are, but could also entice people who wanna get funked up off the lophs/acacias/etc to do so, which although wouldn't last long, could provide a fad, and along with it bad publicity, fuelling the prohibition side.

If it were focussed on a common plant though, such as the acacia, which is a native emblem and all over australia, surely it would cause a rethink on the law - at least bring it to a law with some commonsense (i know, there is no such thing) built in.

Ie mass plantings for bulk DMT production would lead to criminal proceedings, not just outlaw the plant itself, as it seems they have done.

This then allows for a degree of flexibility within the law, otherwise, if some form of draconium justice came in, they could utilise the law to it's fullest extent and lock everyone up (i know, wont happen, but the possibility is there with the law as it stands, to my understanding?)

[telemetric]

it may not be such a good thing as youd end up with the introduction of an amnesty period and they get them all cut down/removed...

[t st tantra]

what about the now illegal plants in botanic gardens?

will we have to go there and veiw caged plant exhibits of plants we cannot grow?

did have a caged wolami pine there a while back!

t s t .

[transDiMenTional]

time to start planting cuttings in EVERYONES gardens!

[teonanacatl]

Speaking of stupid laws, have a look at these laws from around the world. Perhaps after they are changed the drug policy may get some attention.

http://www.dumblaws.com/

My point is there are plenty of more ridiculous laws around. Not that Im sticking up for them or that I agree.

[mercury35]

It would definitely be interesting to see this game played out, especially if we had someone who was a reporter or something sypathetic to the stupidity of these laws. Finding a high profile pollie who was "indulging in criminal acts" by knowingly growing an acacia (albeit not knowing this plant was scheduled) as a test case would be great.

Even "letters to the editor" in newspapers may be worthwhile to raise the issue and it's stupidity? (Only in the states where these are isuues) *shhhhhh sleeping doggies, shhhhh*

Fucking retards. Who the fuck do they think they are? Big fucking brother, welcome to 1984. Four legs good, two legs baaaaaaaad.

Attorney general or pollies would be good to catch indulging in the criminal act of growing material containing DMT ( eg an acaci) although as we are all told "ignorance of the law is no excuse" this group either made the law or passed it in state parliment so the could plead ignoance at their peril , or maybe they were asleep at the time

gets worse if hypothetically I wanted to grow an interesting plant I have some choices , as far as the S.A. law goes if caught, to be a large commercial enterprise I can be faced with the following choices to receive this charge

grow 800kg of erythroxylum

grow 10,00 plants or 1000kg of papaver somniferum

grow 200kg of ephedra

or grow a catha edulis plant to 5kg

what sort of BULLSHIT is that

to be charged for a trafficable amount of catha edulis all you need is a live plant or cutting weighing 250gms

[Jonny Deformed]

Catha edulis is a pretty common herb.. how the frig do you police something like that.

Had a ring around a couple of herb farms, i asked for a few legal herbs before asking for khat. Didn't mention the scheduling.

Everyone has it and is obviously unaware of the laws. Why the fuck should they have to be, really, they grow plants. You can't ban nature ffs!

only one guy said, "oh btw you know it's now scheduled, hence we've had to put the price up"

Thats what the war on drugs does.. makes everyone an outlaw, and poor.

Edited April 2, 2008 by JD.

[mercury35]

Catha edulis is a pretty common herb.. how the frig do you police something like that.

Had a ring around a couple of herb farms, i asked for a few legal herbs before asking for khat. Didn't mention the scheduling.

Everyone has it and is obviously unaware of the laws. Why the fuck should they have to be, really, they grow plants. You can't ban nature ffs!

only one guy said, "oh btw you know it's now scheduled, hence we've had to put the price up"

Thats what the war on drugs does.. makes everyone an outlaw, and poor.

This whole adventure for me started with an email from a excellent herb company in QLD advising me on the illegality of khat , ephedra and a few others and advising they have destroyed all stock and are no longer selling these species. This made me wonder what was going on in S.A. But the reputable company I deal with is excellent and brought me to investigate further

so step 1 was I then downloaded the controlled substances act for S.A . no mention of it so thought cool

Next step was visit the http://www.austlii.edu.au/ website go to S.A. acts and do a search for catha edulis , no hits all still cool

go to S.A. regulations and do the same search and D'oh there it is , regulation dated 31.12.2007. WTF

Seemed to sneak that in as I tend to keep a pretty good eye on things.

I am going to get a bit active in this area but need to be a bit careful about how I go about it . Need to find an MP Sympathetic to the cause here to try to sort the situation out , maybe petitions etc .

Couple of high profile busts of pollies with acacia or wattles may just cause a revision of that part of the law only although it will bring to light the stupidity of this law in the end the publicity may be a double edged sword and bring unwanted attention to this issue.

I am open to any suggestions or legal opinions. The actual regulation was attached to my first post in this thread

[teonanacatl]

They will just reschedual it to account for people with intent to consume or purify. This lets the pollies off the hook but means almost all of us would still get done for it. Intent would be easy to proove with the internet I would assume.

[mercury35]

They will just reschedual it to account for people with intent to consume or purify. This lets the pollies off the hook but means almost all of us would still get done for it. Intent would be easy to proove with the internet I would assume.

This would be better than it stands now , knowledge doesnt prove intent .

Just because I own a bottle of metho, have researched uses of metho on the net and find I can use it to get drunk on ( side effects aside) doesnt prove intent that I mean to drink said concoction.

could also argue then just because Someone hypothetically may have a neatly trimmed khat hedge that does not really mean they are consuming the trimmings they may just like to keep a particular hedge neat and tidy.

How could the law prove intent to consume. If knowledge that an acacia tree can be pruified justifies intent that puts the polititians back on the hook, they passed the law and they must know why it was passed so they possess the knowledge of alternate uses.

Polititians are not so good at secrets, when a new law came in here about no selling of bongs / implements the attorney general had to admit he owned a hooka

So the attorney general had knowledge of what a hooka was and what it was used for does that prove intent for him to smoke the green weed in, after all bongs got outlawed because they are used for that so they say

[The Dude]

Polititians are not so good at secrets, when a new law came in here about no selling of bongs / implements the attorney general had to admit he owned a hooka

So the attorney general had knowledge of what a hooka was and what it was used for does that prove intent for him to smoke the green weed in, after all bongs got outlawed because they are used for that so they say

any source? would be funny to see that slip up. Besides Hookas are perfectly legal (AFAIK) as tobacco water pipes. Or at least its legal to smoke out of them in certain places and for businesses to own them. I think bongs and mj paraphanelia are treated seperately to hookas which are really just for flava'd tobacco (also now illegal??) as they are a major middleeastern cultural tradition... hmm just like bongs are a major aussie tradition....

[mercury35]

any source? would be funny to see that slip up. Besides Hookas are perfectly legal (AFAIK) as tobacco water pipes. Or at least its legal to smoke out of them in certain places and for businesses to own them. I think bongs and mj paraphanelia are treated seperately to hookas which are really just for flava'd tobacco (also now illegal??) as they are a major middleeastern cultural tradition... hmm just like bongs are a major aussie tradition....

Here is the link to the story in the advertiser headline was something like cheech and chong politics goes up in smoke

http://www.news.com.au/adelaidenow/story/0...5006301,00.html

there have now been amendments to the law to allow hooka's etc to be legal for cultural reasons but bongs / pipes etc are illegal to sell / buy here

If the attorney general was trying to make a law that made him a criminal what chance have the rest of us got in keeping up with this shit