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Salvia Divinorum... Australian "legality"???

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Jez

Jez

Jez
Hi everyone. I am from the USA and am in Australia studying. I have researched Salvia Divinorum legal status in Australia... and wow is it confusing???

Anyways, the TGA, an apparent governing body covering drug legislation in Australia, has it listed as schedule 9 with cocaine... but the AQIS ICON clearly list Salvia divinorum under Conditions C18796 Table 1: List of Permitted Species. The dried herb, leaf, flower and root may be imported subject to the conditions C9482, C6977, C5012. Further confusion is found that the most recent 2010 updated Custom Schedule 4 Prohinited Imports does not list Salvia Divinornm or Savinorin A.

So what is this? You can legally import the dried herbs, plant material, and roots but posession of Salvia divinorum is technically illegal in Australia since 2002?

Any law people out there want to take a challenge with debating if I ordered extract if customs would confiscate it and that I could prove it was ok to import by AQIS and the fact that the substance is not scheduled with the customs import list? Poential outcomes?

Just curious. I am thinking of seriously trying it and seeing if a letter is sent frmo customs.

~Jez
 
Australia's drug laws are far from rational. I remember reading they attempted to pass a bill that would make any plant containing DMT (every plant) illegal. Anyway though, that's a risky way to find out if it's illegal. Instead of ordering it and waiting to see if they attempt to press charges you could just ask them if it's illegal. I'm sure they won't give you a hard time about it, they don't get paid enough to care.
 
Australia's drug laws are NOT irrational. (Well, any more irrational than America's) Don't mistake things you read on the internet as actual fact, or at least having the full story. That story you read E-Z was proposed by some minority lobby group. Australia's people have a very large say as to what goes into law - or at least they can try and put just about everything into law. There are always stupid things being proposed, but most of them don't get through. Look up "Clean Feed filter" They want to filter out all sorts of "unclean" things. But then you look at the list and it's so exhaustive that it would be impossible to enforce.

What I'm trying to say is there are a lot of silly proposals and silly "bills" or "laws" but then the police force is extremely apathetic. They have better things to be dealing with than the average pot smoker. A lot of stuff is let slide as long as you're not putting it in anyone's face or causing trouble.

From what I know, it's legal to grow and sell Salvia, not sure about importing. It seems like a grey enough issue that it would get through. My MHRB shipment was inspected by customs and let through. People have tried to make it illegal, but it didn't go anywhere. We have these rediculous Christian and "Family First" political parties that propose stupid stuff all the time. It can be safely ignored, what's what we do.
 
May I source a website in my posts?

Erowid Salvia Divinorum Vault : Legal Status

Information on the legal status of Salvia divinorum.
www.erowid.org
Scroll down to the bottom and all the relevant information you are looking for is there. Normally I would say confirm by calling your local government official but I do not see a reason why the good people are erowid would post blurry information on the ILLEGALITY of something they consider sacred.
 
OK, so Australia made it illegal. Some of the stupid shit does get made into law. That said, I've not heard of anyone getting arrested for having salvia on them, you can buy salvia plants at nurseries. It's one of those "not really enforced" laws. I'm sure if you were producing and selling salvia or salvorin A in large quantities then you'd be in some trouble... but growing a few plants in your back yard? You're not going to be busted, most people think it's just mint.
 
Thanks for the generalized feedback! As I thought, there is no solid rule on this issue. Erowid tends to take information from others that may not be so well informed. It is an AMAZING resource, but I have noticed mistakes and misinformation. But Salvia D is illegal, both the plant and the plant material, according to Australian law. However, like a few mentioned, it does not appear to go beyond some letters in some document. Customs & Quarantine haven't got the memo since 2001, so I assume the police haven't either?

I agree though. I am not sharing anything. The purpose of the various plants used (legal or questionable) is for my own personal use and strictly for medicinal/spiritual purposes. So I don't think the "authorities" will care about me doing my own thing not affecting anyone else directly.

In saying this however, I just recently read an article in the Nimbin Mardigrass paper commenting how a guy got busted with possession of marijuana and the judge threw it out of court because he got a letter from his GP that he required the substance for his medical conditions (i.e. chronic pain from a motorcycle accident). Today this same man is currently growing for personal use and has developed a solid method of extracting THC that he has got approval from the TGA to mass produce. The article basically said this man has a business in selling this extract to anyone traveling through the area and appears to be untouched by the law. The man is not a doctor or anything. So essentially, the government is just standing by while this man runs a business selling THC extractions for "medicinal" purposes???

So... I can imagine anyone that is using anything for personal use and not committing any other crime would be most likely be fully exempt from the law if they were to simply say, with some sense of reasonable justification, that the substance was used for personal medicinal reasons. I would also go as far as saying that such law would look toward spiritual use according to freedom of religion. Ayahausca was made legal in the USA for spiritual purpose and who's right is it to say I am not an "unofficial" member of shamanic faith, the Church of the Tree of Life, or the UDV?

I would find it fascinating to follow a defense trial for someone defending DMT, Iboga, mushroom, cannibis use based on spiritual & religious freedom. With the right media moves, it could make drug prohabition no longer technically exist. I mean, look at California. Anyone with depression, a back ache, PTSD, cancer, glaucoma can get a medical marijuana card. All you have to do is go to your doctor and ask.

I like the direction this future appears to be moving towards. I think integrating psychedelics and other mind altering substances into society for a purpose (spiritual... medical), rather than a "recreation" would be fantastic. I know I'd attend "church" every Sunday if we all had a DMT light up and discussion of our trip!

~Jez
 
I live in NSW, Australia. From June 1st 2002, it is illegal to manufacture, possess, sell or use salvia divinorum. I have never come across any Sally D, Never even seen the plant.:cry: I doubt you would get any dried material in through customs, as they are very hevy on plant materials coming in due to pests. Even seeds would be very lucky to get through.

Iv herd (dont quote me tho) that you can get a reserch permit for around $600, but i dont think thats true as i cant find anything relating to it. Your best bet would be to try an find someone willing to trade you a cutting... ive had no luck with this as of yet an im a local, but hopefuly you'll have more luck.

www.shaminaustralialis.com.au is a good site to check out. They hav a nursery that might be worth checking out, depending on your location. If you do come across some, my bet is you would be safe as most cops would have no clue to as what it is, unless maybey you had lab equipment with you.
 
Hi Jez Welcome to Australia
cant help you much with legal info sorry
Shaman Australis don't have S Divinorum but they do have some legal info
you will notice many plants are legal to grow but not use or make preparations from and cant be imported or exported either.
Some products wont even ship to certain states
 
Sorry for bumping an old topic but i thought i would let people know that salvia divinorum is currently legal in NSW due to the fact that they are the only state in Australia that doesn't have there drug schedule up to schedule 9 ( they only have schedule 1 - 8 ) so this basically means you can buy sell or posses salvia there if you don't intend to use or sell as a drug. If you look around long enough you will surely find a online buisness that sells the dried herb in oz :thumb_up:
 
newageshaman said:
Sorry for bumping an old topic but i thought i would let people know that salvia divinorum is currently legal in NSW due to the fact that they are the only state in Australia that doesn't have there drug schedule up to schedule 9 ( they only have schedule 1 - 8 ) so this basically means you can buy sell or posses salvia there if you don't intend to use or sell as a drug. If you look around long enough you will surely find a online buisness that sells the dried herb in oz :thumb_up:
Click to expand...

I just read this on an Aussie ethno forum myself. This was confirmed by the forum moderator who really know his stuff in regards to ethnobotanicals and legality in Australia. I think it means that from within NSW at least it would be legal to possess salvia divinorum in live and also dried plant form. Importing into NSW, especially from overseas would still be illegal though. I am within NSW myself and will hopefully find myself a plant to legally grow in my garden at some point in the future.
 
Extract, but now Im doubting my own memory it couldve been NZ I saw it.. Will have a look again next time im in the city. Thought it was off ya tree or happy herbs in collingwood...
 
I know that a friend of mine bought salvia from happy herbs way back. probably 5 years back so your memory is probably not too far off. Hopefully with any luck the loophole in the NSW law hangs around long enough for the plant to spread its roots further amongst the entheo community throughout Australia. Australia has a pretty draconian approach to plant medicines as it is. Hopefully it doesn't get worse after the results of the recent federal election :!:
 
Just to update for any Aussies legal safety, it looks like the legal loophole in NSW in regards to Salvia Divinorum legality is about to close down again due to new legislation :(

I think there might be a few places where you can get plain salvia leaf before it becomes illegal again within NSW, good luck.
 
Yeah i heard that too mate but i guess all good things mst come to an end. especially when the governments involved :thumb_dow also sorry inner paths i was unable to message you back as still being a new member but ohwell.
 
Oh, I should've realised you couldn't reply mate, my bad.

Yeah, it's a real shame the way things keep going in this country, super backwards drug policies and government :x
 
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