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  • AADD Moderators: swilow | Vagabond696

Drug Legalities...

t-funk

Bluelighter
Joined
Oct 13, 2002
Messages
20
I have just spent a couple of hours reading the various Acts relating to the legalities of various drugs, in particular the "Drugs, Poisons and Controlled Substances Act 1981" (this is for victoria). Not surprisingly, I cant make much sense out of it. You can view the Act here.
Schedule 11 lists all the naughty substances, and has 3 parts. Part 1 lists some funky drugs with their respective commercial and trafficable amounts. Does this mean you must traffic atleast the 'traffickable' amount for it to be considered trafficking? ie the traffickable amount for Ketamine is 20g, so if i go down to the local cop shop and offer to sell 19g, am i going to jail?
Another question i have relates to customs scheduling. GHB is listed on the "CUSTOMS (NARCOTIC SUBSTANCES) REGULATIONS Schedule Narcotic substances, commercial quantities and trafficable quantities" as '4-Hydroxybutanoic acid, its salts and esters' (link here). However it is not listed on Schedule 11 of the Victorian Act. This would lead me to beleive that while GHB is illegal to import into Australia, it is not illegal to synthesise and sell in Victoria. Obviously this doesn't seem right, so is it?
Also of interest is that Psilocin and Psilocybin are on Schedule 11, but not on the Customs Narcotic list - implying it is ok to import them into the country, but illegal to have in Victoria. Wierd eh?
Let me guess, its a case of a little information being a very dangerous thing? I must be missing the bigger picture.
[ 14 January 2003: Message edited by: t-funk ]
 
i think i remember at that second link it says u can have half a gram of E,
what does trafficable mean ?
 
Ok, in doing a little more research i think i understand the whole 'traffickable' / 'trafficking' thing. Its probably obvious to everyone, but here is what i believe.
If you sell drugs, regardless of the quantity without a license you are guilty of drug trafficking.
If you are caught with a 'traffickable' amount of a drug, then you are also guilty of trafficking that drug. With this interpretation, if you are caught with more than 3 grams of MDMA (say over 20 pills), the mere fact that you have 20 pills on you makes you guilty of drug trafficking (up to 15 years). The same is true for 3 grams of Coke, or 6 grams of weed.
If you are silly enough to bring in half a gram of MDMA (say 4 pills) into the country and are caught, you are also guilty of drug trafficking REGARDLESS of if they are for personal use. The traffickable quantity in essence says, if you have this much, a court will consider it to be direct evidence that you are a drug trafficker.
The actual Victorian legislation makes this very clear:
"(2) Where a person has in his possession, without being authorized by or licensed under this Act or the regulations to do so, a drug of dependence in a quantity that is not less than the traffickable quantity applicable to that drug of dependence, the possession of that drug of dependence in that quantity is prima facie evidence of trafficking by that person in that drug of dependence."
Still, that doesnt tell me whether or not GHB is actually an illegal substance in Victoria or not, as it is nto mentioned in Schedule 11.
Also it is very interesting to see how the traffickable and commercial amounts differ so much between Customs and Victoria.
 
By trafficable quantities they mean the amount of substance you must have in your possession to be considered dealing. If you get caught with less than that amount it would be simply considered possesion of an illicet substance, which would still have a nasty sting.
GHB is found under schedule 11 of the Victorian act by the way. Search the page for Hydroxybutanoic Acid.
[edit] Looks like you found out a lot before I hit post :)
[ 14 January 2003: Message edited by: Fry-d- ]
 
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