Heavier penalties for drug labs

[Oz]

ANYONE caught with hydroponic equipment without a lawful excuse will face jail or a hefty fine under a new Rann Government measure.

 

The possession of chemicals, laboratory glassware and recipes used to make amphetamines will also be banned under new legislation.

The legislation would include provisions to ensure courts treated the manufacture, sale and distribution of amphetamines, ecstasy and similar drugs at the upper end of the penalty range.

 

The initiatives are aimed at combating criminals who grow large amounts of cannabis hydroponically and produce amphetamines in dangerous back yard laboratories.

 

Premier Mike Rann said in a statement yesterday: "I'm fed up with the mass production of high-strength cannabis that damages too many South Australian lives.

 

"Drug use is central to crime and it needs to be nipped in the bud - literally. Removing the equipment is one way to make life hard for those using high-tech set-ups to grow up to four potent crops a year.

 

"Police will be able to check on sales and drop in on known drug premises in their effort to rid SA of commercial cannabis production.

"Those who have a legitimate use for the equipment, such as growing lettuces and tomatoes, have nothing to fear."

 

The new legislation would also create a specific offence of cultivating cannabis hydroponically and introduce a statutory requirement for hydroponic shops to record all sales of equipment.

 

Buyers would also have to produce identification for any purchases.

 

Labor will also ban specific new technology for drug cultivation as it is identified - such as the Omega unit, that allows automated production of large numbers of cannabis plants, discovered by police in January.

 

The legislation would also extend police powers to enable them to search "known drug premises" defined by a court without a search warrant.

 

Under the new legislation the penalty for growing cannabis hydroponically, possession of hydroponic equipment without a lawful excuse, possession of the Omega unit, failure to record hydroponic sales or to require identification to be produced will carry a maximum penalty of one year in prison or a $4000 fine.

 

The penalty for possessing chemicals and associated production equipment will be a maximum of two years' imprisonment or a maximum $10,000 fine.

 

In January, the Opposition revealed a plan to require hydroponic shops to be licensed and require buyers to produce photo identification when making purchases.

 

Earlier this month, Opposition Leader Rob Kerin strengthened that policy, saying he would make possession of cannabis a criminal offence again.

 

Days later the Government announced it would triple on-the-spot fines for cannabis possession rather than recriminalising possession.

 

Author: Nigel Hunt

Date: 12/03/06

Source: News.com.au

Copyright: 2006 News Limited.

[naturalmystic]

Bastards yeh our plants are all anne franks living in cupboards , we live like jews in nazi germany , not even being able to have the equipment what a joke . These governement jerks are truely going backwards , they should visit holland and see how real people live in harmony with less crime and violence through drunks and other hard drugs . The people that have given smoko a bad name are isolated instances where theyve tryed for more lenient sentences by blaming pot and making out they have a mental illness , sure there are probably people with mental problems that smoke pot but they wouldve had them anyway , im goin mad reading about these bullshit laws .

[WantDaChronic]

if they release the date of when those nazi style laws come into place, i bet there is a surge in hydroponic sales in the weeks leading upto it

 

but what bullshit, i hope they dont bring that kind of bullshit in, especially if they try and make it australia wide

[Dohmar]

Sounds to me like pre-election BS.... what he is suggesting is a very extreme measure, and quite frankly I don't think the bill would get thru.

 

It sucks. Not only do we have to deal with extremists in the form of Family Last and the "Liberals", now the fucking labor party are anti hemp. I've a good mind to dump a whole shitload of harvested leaf and stem on his front lawn.

 

-D

[mull]

Hahaha yeah Dohmar (after you bubble it of course)

 

If that does get thro, more than one hydro shop will close no doubt.

 

 

The scare tactics continue..

[naturalmystic]

yeh hows that thc bomb goin dudes ?, we need to get em all stoned , then they might shut the f up , Tea and cookies anyone ??

[Pa-uul]

"Those who have a legitimate use for the equipment, such as growing lettuces and tomatoes, have nothing to fear."

Except they would have to produce ID when they make a purchase.

the presumption of innocence (is) a fundamental tenet of Australia's legal system

– The Law Institute of Victoria. The President of the Law Institute, David Faram, has stated previously, on the 05 September, 2002 that:

"The presumption of innocence means that a person is deemed innocent until the State can prove their guilt before an independent court of law. Reversing the onus of proof means a person is deemed guilty unless he or she can prove they are innocent."

Citizens shouldn't have the burden of proof that they are innocent of these crimes. Having to produce papers and proof of innocence in order to conduct commercial transactions in the absence of any explicit suspicion from the authorities regarding the conduction illegal activity would be a violation of our legal rights.

 

Unfortunately, Australia has no Bill of Rights so there is no constitutional obstacle to Mike Rann's proposal. Page 9 of the Australian Constitution reads:

The Constitution has no equivalent to the Bill of Rights found in the United States Constitution which prohibits laws that infringe certain basic freedoms and rights, such as freedom of speech. Some express protections, however, are given by the Constitution against legislative or executive action by the Commonwealth, but not by the States.

There is, however, the possibility of appealing to the UN under the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, which states that:

PART I

 

Article 1

 

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

and that:

PART II

 

Article 2

 

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Australia has acceded to that Covenant, however The Hon Phillip Pendal, MLC in his call for an Australian Bill of Rights warns that:

…many of the rights recognised by the International Covenant on Civil and Political Rights are not currently protected by the common law...

The Federal Parliament has several times knocked back amendments to the Constitution to introduce a Bill of Rights. In 1942 a referendum to protect freedom of expression and religion was defeated.

 

The more I think about it the more I realise that Australia is a right-wing, bigoted, snooty nation full of people who love being superior and conducting class warfare on cannabis users. I used to be proud of Australia, but now I don't want to call it home.

[Oz]

The more I think about it the more I realise that Australia is a right-wing, bigoted, snooty nation full of people who love being superior and conducting class warfare on cannabis users. I used to be proud of Australia, but now I don't want to call it home.

 

 

Sad but so true...

[HighRising]

The more I think about it the more I realise that Australia is a right-wing, bigoted, snooty nation full of people who love being superior and conducting class warfare on cannabis users. I used to be proud of Australia, but now I don't want to call it home.

 

That's exactly how I feel mate... you're not the only one

[stonedstump]

We need to get some real people into government, not these typical politician type gronks.

 

And what about when I need to buy a new light-bulb?

 

 

 

Every day more and more oppressive laws like this are being introduced, when is someone going to fucking start doing something about it?

 

I'd do something but I don't know where to begin, any ideas?

Edited March 12, 2006 by treestump