Legality of Marijuana Seeds in Victoria

[Rkaze]

Just wondering what the penalties are for being caught with cannabis seeds, say around.. 60-70? In Victoria Australia.

[BaronS]

TTBOMK knowledge, and really, it's been a while since I've had to be concerned about such...

 

each seed can be 'deemed' to be a mature female plant. (possibly 'worst case')

in which case you're screwed.

 

The cops may instead put it down as 'vegetable matter', and _I guess_ would be more likely to if there was in fact some herb mixed in with them. Simply weigh it and act on weight.

 

I seem to remember something about 'deeming' laws having been changed several years ago, not sure of the details however.

[smokinjoe]

At the first sign of a raid eat the bloody things.

 

Seriously you'd be incredibly unlucky if they were found in a visit; not exactly hard to hide.

[freddie]

At the first sign of a raid eat the bloody things.

 

Seriously you'd be incredibly unlucky if they were found in a visit; not exactly hard to hide.

I think you'll find most people store their seeds in the fridge. Cops do look there.

[smokinjoe]

Prevention is better than cure. I don't keep seeds in the fridge, just a cool dark place.

 

That said even in the fridge it wouldn't be that hard.

[grace]

Just wondering what the penalties are for being caught with cannabis seeds, say around.. 60-70? In Victoria Australia.

 

The 1961 Single Convention on Narcotic Drugs excludes leaf and seed in its definition of cannabis.

 

ARTICLE 1

 

Definitions

 

1. Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout the Convention:

 

( b ) "Cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.

 

The Single Convention is attached as the First Schedule to the Narcotic Drugs Act 1967 (Cth) and the Customs Act incorporates the defintion from the Convention.

 

Narcotics Drug Act 1967

 

Link to http://www.austlii.edu.au/au/legis/cth/con...act/nda1967160/

 

First Schedule - The 1961 Single Convention on Narcotic Drugs

 

Link to http://www.austlii.edu.au/au/legis/cth/con...67160/sch1.html

 

This was affirmed by Murphy J in the High Court in Yager v R at 11

 

11. Customs Act reference to Cannabis. The Customs Act 1967 incorporated the definitions of cannabis contained in the Single Convention Article 1 on Narcotic Drugs 1961. These were "'Cannabis' means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted by whatever name they may be designated"; "'Cannabis plant' means any plant of the genus cannabis" (see First Schedule to Narcotic Drugs Act 1967). (at p49)

 

http://www.austlii.edu.au/au/cases/cth/HCA/1977/10.html

 

With no disrespect the other judges misinterpreted the definition.

 

[JohnC]

I'm in NZ so this may not apply to you guys,,,but you can buy hemp seeds by the KG here to feed your parrot or budgies or what ever bird you might dislike enough to lock in a cage.

I just happen to have a free ranging cockatoo some "mate ???" dumped on me a couple of years ago.

So I also just happen to have a 1 kg bag of heap seeds sitting in my shed,,,you can guess what else is on the shelf that the bag is sitting on.

I have seen them for sale in NSW at a captive bird shop.

[MongyMan]

There are specific laws regarding cannabis seed in oz. Off the top of my head I can't list them but they are the same laws that regulate the possession, supply and sale of hemp seeds. The same laws make it illegal to to sell hemp seed as bird seed in Oz I believe?.

 

Maby someone with more legal knowledge knows which acts apply?

 

Peace MongyMan

[mistyville]

You know that you can get a licence to grow hemp in NSW. You apply through the Dept. Primary Industries and if you are of good character and probably no criminal record, you can get a licence.

[MongyMan]

Yup......but you cant sell hemp seed to an unlicensed person or be in possession of it without one.

 

 

Peace MongMan