Ornamental Plants and Drug Offences

My Garden Plants are Illegal?

In Australia, and throughout most parts of the world, plants such as cannabis and opium poppy are well known plants that are illegal to grow in home gardens. However there seems to be a threat to even more garden plants – one driven by the Australian Model Criminal Code Officer’s Committee (MCCOC), directed by the National Security Statement of Dec 2008.

A new model drug schedule is being proposed and we encourage all gardeners to carefully download the links, read the paper and submit comment before 11th March 2011.

• The official website page
• The downloadable documents are accessed from the links on the top right of that website.

Concern for Gardeners
(Note: I am not a legal-eagle so I if I misinterpret the document I hope someone with a legal qualification can update me!)

There are a number of plants defined as ‘Controlled plants’ as detailed in part III (Item 57) and listed in Attachment 2.4 of the document. There are two tables, the first include Cannabis, Erythroxylum, Papaver bracteatum, Papaver somniferum, fungi (Psilocin & Psilocybin). The second table includes plants that contain mescaline (eg. Lophophora), plants that contain DMT (eg. Piptadenia), Salvia divinorum, Mitragyna speciosa, Catha edulis (known as Khat), Ephedra (that contain Ephedrine), Brugmansia & Datura.

The Document also defines these terms that relate to gardening (Attachment 2.2):

• A ‘plant’ – is that which is listed (as above); and includes a cutting of such plants.
• A ‘Capsule’ – a seed pod.
• ‘Cultivate’ – to sow, plant, grow, tend, nuture, harvest, graft, divide or tansplant the above listed plants.
• ‘Enhanced cultivation’ – basically refers to hydroponic/aeroponic growing of above listed plants.

So… Brugmansia is a ‘listed plant’ and cannot be ‘cultivated’ … WTF!

In Part III (item 55), these following items summarise the offences: 

• ‘cultivating controlled plants for a commercial purpose’
• ‘selling controlled plants within Australia’
• ‘possessing plant material, equipment or instructions for commercial cultivation of controlled plants’.
• With respective penalties (imprisonment sentences) detailed in Attachement 1 of the document. To this I must add that there is a clause for ‘commercial intent’. Most imprisonment periods are 10 years to life!

The one saving grace section to this entire proposal is found in Part IV (Item 90) where it states:

• The model controlled plant schedule expands the list of categories of  plants and fungi.  The collection and use of certain plants by botanists and collectors raises the question of whether there is a need for a legitimate use defence, and on what grounds this would be available.  For example, botanists or plant collectors may have a legitimate use of cactus species where possession would otherwise be an offence.  

So… I am a gardener… a collector of plants… is there a national register I must sign up to to grow a collection of Angel’s Trumpets (Brugmansia cultivars)? Why must I??????

I am pleased that this has at least been considered to some degree for gardeners.. but is it enough?  The question put forward on the Model Document is:

Question L: Does the model schedule of controlled plants create any problems of inadvertent criminalisation, particularly in relation to the offence of selling a controlled plant within Australia?

 To all gardeners.. please download the document from the link above.
Read this Post article. Make your own decisions.
Submit your comments by 11th March 2011 to  to [email protected]

Angel’s Trumpet’s are grown around the world for their highly ornamental flowers, glorious scent and decorative landscaping attributes in the garden. Why should all Australian gardeners be dissadvantaged due to a minute number of ignorant individuals who decide to misuse this plant – why should gardeners be held responsible for other’s actions?

Podcast about this topic of Radio 4BC, Sunday 6th Feb 2011

Paul Plant, Editor, subTropical Gardening www.stgmagazine.com.au

Tagged as: gardening