Articles/Letters
NSW government takes on the plant kingdom
‘This law will apply to some of the most popular collectible cactus species. Almost all cacti alkaloids are structural analogues of mescaline (as defined under NSW drug law), even if they are not psychoactive. Basically any cactus that contains phenylethylamines will become illegal regardless of the concentration and also regardless of whether the owner knew about it or what purpose it was grown for.’ The grief is not confined to the harmless cactus fancier, however. There are pitfalls for the writer as well in the loose wording. An ‘advertisement’, you will be interested to
learn, means ‘(a) any words, whether written or spoken, or (b) any pictorial representation or design, or (c) any other representation by any means at all’. And so a person is guilty of an offence if he/ she ‘publishes or displays in any manner, way, medium or form any advertisement: (a) knowing or being reckless as to whether the advertisement promotes, or apparently promotes, directly or indirectly, the consumption, supply or sale of a substance for its psychoactive effects, and (b) providing information on how or where the psychoactive substance may be acquired’. Does that mean that in my ‘advertising’ of this information I am now a candidate for a penalty of imprisonment for up to two years or a $2,000 fine? Will the CEO of Tim Tams be collared for pushing theobromine? It would be nice to see a bit more rigour introduced into the drafting of important legislation. It is hard to believe that a legal team even looked at it. Will the constabulary now be sent out to raid greenhouses and backyard gardens on the basis of these loose definitions through which you could drive a meth lab on wheels? After all, there are many things in our vegetable
The ‘fact’ is that alcoholrelated assaults in Byron have actually decreased by 12 per cent from March 2012 to March 2013, and have remained stable for the past five years (NSW Bureau of Crime Statistics). Furthermore, the initiatives implemented by the Byron Bay Liquor Accord have shown preliminary results of a further 20 per cent decrease in assaults over the past six months compared to the same period last year.
The ‘modest’ reduction of trading hours in Newcastle was actually changing the closing hours from 5am to 3am. Byron Bay already has 3am closing for all late-night venues, plus a 1.30am lockout and the strictest drink restrictions in the entire state! Alcohol-related violence is a complex and multi-faceted issue that is not solved by a one-size-fits-all solution of closing up town at midnight. Brian Pearson Byron Bay
Michael McDonald
I
n its attempts to nail down the sale of any substance containing ‘psychoactive’ elements, the NSW government amended the Drug Misuse and Trafficking Act 1985 on Wednesday night last week. The legislation passed through the Upper House without a hitch, and only a few murmurs of dissent, despite the monumental vagueness of its wording. According to the amending bill, ‘psychoactive substance means any substance‌ that, when consumed by a person, has the capacity to induce a psychoactive effect’. This is handy to know, but my reading of the definitions contained in the 1985 Act failed to find any definition of the word ‘psychoactive’ itself. Most dictionaries agree that the adjective describes something ‘affecting the mind or behaviour’. Some lexicons add the word ‘significantly’. Under this definition such substances could include everything from heroin to chamomile tea. The more troubling part of the proposed amendment is its vagueness in relation to the plant kingdom. Entheogenesis Australia (www.entheo.net/), in an unsuccessful attempt to head off the legislation, noted in a newsletter
LETTERS continued from page 9
proposed any such thing! Last Drinks At 12 is campaigning to have last call of alcohol at midnight, with no mention of closing times. From evidence overseas, I would think that the later a subsequent closing time is effected the better for all concerned. Patrons get to enjoy themselves until the effects of alcohol are diminished, venue owners can continue to sell non-alcoholic
One of the more ‘abusable’ plant species, Lophophora williamsii, more commonly known as peyote.
that the bill ‘will make it illegal to possess or sell any live plant that contains mescaline or a mescaline structural analogue.
Problem phrase ‘The problem phrase is in the definitions under “substance�, where it says that “a substance includes any plant, fungus or natural organism�. The bill also affects all DMT, harmaline, ephedrine and cathinone containing plants. ‘For instance, more than half the cactus family contains mescaline compounds in trace amounts, but the law makes no distinction between trace amounts and usable drug amounts. It is likely that the NSW government was aiming at the handful of abusable species such as Trichocereus pachanoi and beverages, or charge a cover for late entry, and most importantly, the residents and visitors of the town will be subjected to fewer violent attacks. Simple, really. Ephraim Sella Byron Bay Q It’s
a shame that so much misinformation and misrepresentation of statistics is being presented as ‘fact’ by individuals and groups with regards to alcohol-related violence in Byron Bay.
Lophophora williamsii and is probably unaware of what they are about to do.
Illegal cacti
gardens – from the antioxidant carotenoids in spinach to the saponins in asparagus – which could be seen as ‘psychoactive’. For those truly excited by documents, the amendment in all its glory can be read here: http://bit.ly/193KCW1.
Q
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Q Declaration of interest: I am a serial plant abuser. Why, only yesterday I was telling the silverbeet it had no hope of passing the HSC and starting a career in graphic design, and no, thereâ&#x20AC;&#x2122;s no point in looking at me with that aggrieved expression.
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The Byron Shire Echo September 24, 2013 13