Lophophora williamsii var. caespitosa 40 button cluster. $250.

For sale is this chunky Lophophora for $250. Over 40 buttons. Pink flowers. Price includes Australia wide express post. I wont send to states where it is illegal. [img]

Hi Machineelf, what states is it illegal?

I'm not sure but I think WA, SA and Qld. That's just what I read on another forum. Its up to the buyer to know whether its legal there.

I believe if you look hard enough you will find that all Lophophora are a "border controlled plant" in all parts of Australia, not just certain states. Here's a link to the Victorian info, you will see it is classed the same as Cannabis.

http://www.judicialcollege.vic.edu.au/eManuals/VSM/index.htm#23711.htm

Personally, I don't see why you should restrict the sale of your plant to certain states, as I believe it to be illegal in absolutely all of Australia anyway.

You just need to look up your states criminal code, and then look for the controlled plants section. I've looked up a few states in the past and Lophs are on all I have seen.

Here's a link to a lawyers site that breaks it down a bit if you click on the sections.

http://www.australiancriminallawyers.com.au/web/page/nt_possessing_unlawfully_imported_border_controlled_drugs_or_border_controlled_plants



Having said all this, if your plant is the one I saw on Gumtree about 4 months ago and also for about one day last week before the ad disappeared, it's a nice looking cactus! I'd be happy to have it, personally.

Also see section 314.5 of the latest commonwealth criminal code.

http://www.comlaw.gov.au/Details/C2013C00160



By the way, if someone can prove that these cute little guys are legal ANYWHERE in Australia I'd love to know.

Isn't all this border control stuff talking about importation?

Lophs etc have been here for a long time so I'd be looking at The drugs acts as they apply to the individual states in relation to plants that contain a prohibited substance.

In the meantime don't go importing any from overseas, no matter which state your in.

I can't see the pic machineelf. Could you post a link to it? Is it hard grown or degrafted?

I get that there is confusion with the term "border controlled plant"

I found this section of the Victorian criminal code, it also MAY apply. If there's a lawyer on here it would be great to hear from them!


Drugs, Poisons and Controlled Substances Act 1981 - SECT 72B
Cultivation of narcotic plants

72B. Cultivation of narcotic plants

A person who, without being authorized by or licensed under this Act or the
regulations to do so, cultivates or attempts to cultivate a narcotic plant is
guilty of an indictable offence and liable-

(a) if the trial judge (or magistrate on a summary hearing) is satisfied
on the balance of probabilities that the offence was not committed by
the person for any purpose related to trafficking in that plant, to
level 8 imprisonment (1 year maximum) or a penalty of not more than 20
penalty units or both; or

(b) in any other case, to level 4 imprisonment (15 years maximum).


And they define "cultivation" to be actions as small as watering, removing any part of the plant to propagate, and other things too.

Scratch that. Will send anywhere in Australia. Now I'm told that its only illegal to import. Hehehe.



Some sacred plants are illegal? LOL. Like I giveacrap. Why would anyone comply with insane and unjustified laws?

I'll try and upload the photo when I can. Probably tomorrow.

Narcotic plants has a very specific meaning I thought. Schedule 11 of the Drugs. poisons and controlled substances in Victoria lists the plants.

legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/0/652e75ad1b785534ca257789000756c4/$FILE/81-9719a091.pdf

I don't think all the plants are in there or maybe there is another list or amendment as I thought Salvia Divinorum was controlled too but I don't see that on there.

There are no cactus species mentioned in the Victorian act that I can see but mescaline is.

What I take from that is it is ok to grow but don't go eating them or extracting any active illegal substance from them. Your mileage may vary in different states.

Machineelf: It is worth giving a crap as the penalties for doing anything illegal even inadvertently can be severe.

You'll need to put www before that address. The forum wouldn't let me put it in with it.

Simhanada: Severe penalty for selling a cactus? LOL. Sending troops to other countries to kill people is legal but a harmless cactus is illegal. The fools in power know that if you show your enemy compassion and love they are no longer your enemy. They want war. Why would I comply to their insane ideologies? I'm not insane. They make bad things legal and good things illegal and I'm not going to be a part of that. I've learnt more truth from David Icke than the government would ever tell us. Sorry to rant on. Peace mate.

Machineelf: I'm not saying I agree with the law but it is worth being informed as to what they are and to make decisions accordingly.

The law changes state by state. Someone recently got raided in WA and had 100s of lophs confiscated. I assume they are facing charges, not sure exactly what though. Defending oneself in a court of law can be a very costly exercise so again, its worth being fully aware of what the law is and if what your doing is kosher or not and make your decisions or take your risks accordingly.

The laws are different as far as I know in VIC but that may change one day. Its a sorry state of affairs. Lophs are cool little plants. If I had a spare $250 I'd consider buying yours. At the least I'd love to see a pic.

Simhanda: Point taken. It is a sorry state of affairs indeed. Should get the pic up tomorrow.

Not the biggest picture. First ever forum for me.

very nice looking machineelf. Is it hard grown or degrafted? how old?

Wish I knew, sorry mate.

Better photos of the specimen on gumtree. Search for "button cactus". Also another bloke has some nice grafted peyote.

Photo yet?

I am eagerly awaiting

i will buy your cactii

Thcinaus,

This post is over 6 months old it will be well gone by now.

HN