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Thread: State Legislation and you....

  1. #11
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    This from the TGA should help, saw it while researching the Schedules:
    Australian State & Territory regulatory controls on Schedule 7 poisons

    There's also this from the National Drugs and Poisons Schedule Committee Record of Reasons 54th Meeting 14-15 October 2008 Page 129

    A summary of State and Territory legislation in relation to licensing requirements and
    supply for Schedule 7 poisons follows:

    • VIC - Drugs, Poisons and Controlled Substances Act 1981 or Regulations 2006:
    − The sale or supply of a Schedule 7 poison in Victoria by retail cannot be
    prevented. This applies even when the wholesale supplier may be located in
    another State or Territory.
    − Supply by wholesale is with a Drugs and Poisons Licence, or by retail adhering
    to legislative provisions relating to records of retail supply, restricting retail
    supply to those eighteen years and over, and supervised retail storage.

    • NSW - Clause 19 of the Poisons and Therapeutic Goods Regulation 2002 NSW
    requires written authority from NSW Health by both the supplier and the person
    supplied a Schedule 7 poison (except for non domestic purposes).

    • TAS - Adopts Appendix J and paragraph 41 of the SUSDP. Schedule 7 poisons are
    banned from domestic and domestic garden use. Authorisation is required to
    manufacture, obtain, use or supply nicotine.

    • SA – there are requirements for persons who sell by wholesale or sell by retail or
    supply a schedule 7 poison to a person to be licensed. [Regulation 13, 14 of the
    Controlled Substance (Poisons) Regulations 1996]. Regulation 22 of the Poisons
    Regulations specifies a person must not sell, supply, purchase or use a schedule 7
    poison for a domestic or domestic gardening, purpose.

    • WA - Poisons Act 1965, Section 24, (which picks up Appendix J) WA Licences
    Schedule 7 wholesalers but they are restricted to a range of poisons for specific
    purposes e.g. veterinary, agricultural or industrial. Nicotine may only be sold by
    holders of retail licences who are approved persons, and these licence holders are sent
    a copy of the notice each time they obtain or renew their licence.

    • QLD - Health (Drugs & Poison) Regulation 1996. A person cannot sell a Schedule 7
    poison in QLD without the relevant licence or written authority.

    • NT - A person must have an S 7 authorisation in order to purchase an S 7 product.
    The NT Department of Health would not issue an S 7 authorisation for consumers
    wishing to use an electronic cigarette, and have adopted Appendix J.

    • ACT -legislation prohibits and regulates the sale of nicotine as a Schedule 7 poison.
    A licence is required to sell or manufacture the substance. Sale must be through an
    ‘authorised’ person only. These restrictions apply to both the community and to
    individuals.
    There's a nice graph on page 130.


    You'll note that the "Sale" of S7 drugs in Victoria is not "generally prohibited", things like record keeping and age restrictions apply. Wholesale needs a licence but retail sale does not, seems to suggest this means our Victorian retailers are able to sell nicotine ecig products, it may just be that they cannot import enough through customs(given the 3 month supply rules) to make it a viable option. This however has no bearing on individual possession and use, but it is an interesting deviation from the other states.

    Also of note is that not all states implement Appendix J of the Poison Standards.
    This is the section that classifies Nicotine as a "Regulated Poison" and "Not to be available except to authorised or licensed persons". Without implementation of Appendix J (or other relevant state law) I believe Nicotine can be imported for personal use.


    Should also mention that much of the above quote pertains to the "Sale" and "Supply" of nicotine not individual importation and possession.

    cheers
    Last edited by MACCA350; 10-05-11 at 11:21 PM.
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  2. #12
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    Thank you for all the links i cant belive QLD is in the dark ages again.

  3. #13
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    Macca, good points, however sadly after that meeting in 2008 victoria amended it's legislation to retail nicotine.

    I had come across those minutes as well... However they are just that... Minutes so I am not sure how much weight they carry, or how relevant they are...

    My belief (and I may be wrong) is that those states who have chosen to simply adopt S7 and not have any direct legislation with regards to the posession of S7 are leaving it with the TGA...thYhe TGA has not so far shown any mandate to enforce S7 with regards to nicotine and the personal importation of unapproved goods and as such those state authorities mentioned in the OP as having no restrictions would not have the ability to seize it. Unless instructed to By the TGA (the federal body responsible for the poisons schedule)

    Unlike qld, nt or the act where state legislation allows them too.

    The reason I am thinking this way, is the issue of seizures is currently only relevant in QLD and being enforced by Qld health. If it was the tga taking issue and it was directly related to the S7 classification, it would be the TGA seizing it and it would not be restricted to Qld...

    The tga are also being quoted second hand in NSW is saying it's AOK.. would love to get that in writing

    Food for thought.

    Hope this makes sense, half asleep iphone post
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  4. #14
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    Quote Originally Posted by soundasleep View Post
    I think you'll find these laws relate to obtaining and possessing nicotine. If you look here you'll see domestic and domestic garden use is a no, no in most states. We're using it as a way to slow/stop smoking. We're not calling it a cessation aid because it hasn't been tested for that, and it's not medicine since it's not directly making you better. So it's not for the cactii it's for you. Geddit
    This is where I think they are attempting to catch 22 us, a medicine is used to treat disease. I am not sure if they classify smoking or nicotine addiction as a disease, but its certainly one or the other, hence the scripts available for patches etc. The catch 22 being that it could be called medicine, if tested and proven effective, until then you can't make a claim it has a therapeutic effect.
    I can bet that testing will not be done without them kicking and screaming.
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  5. #15
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    Fair comment on the Victorian ammendments, wasnt sure if that had taken place or not, and the quote being minutes of the meeting.

    The first link I supplied should be relevant as they include relevant state information and has been reviewed for accuracy as late as 18/4/11. Although the "Domestic obtain and use" columns seem to default to the TGA' Schedule 7 answer of "No" for most of the states, and we all know that customs allow these under personal use importation. Even the TGA can't get it right

    Btw, great work on compiling state infromation

    Cheers
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  6. #16
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    you know, im probably grabbing at straws here, but we're importing e-juice that contains at max 10% nicotine, usually less that 4% though, and its mixed. its not pure nicotine. ive been searching, and havent found anything yet, but theres got to be angle we can work here, some loophole or something. my statement abot pest control is clearly the wrong angle, because thats the precise way they're stinging us. what category would you put e-juice in? cause in my stance, if theyre saying its illegal to posess, obtain, etc nicotine, and using that against us for importing e-juice, (in qld), then even though they are "approved", wouldnt lozengers, gum, inhalers, damn even CIGARETTES, fall under the same banner as they 'Contain' nicotine as well and we'd be breaking the law by being in possesion? remeber, we're not possesing nicotine, its a mix of other things as well, just like the gum......
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  7. #17
    Sik
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    interestingly enough, while chewing tobacco and snuff are prohibited for sale in this county you can legally import up to 1.5 kg of them...

    http://www.austlii.edu.au/cgi-bin/si...&query=tobacco
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  8. #18
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    It's been posted elsewhere the dilemma with scheduling. The S7 reference is indeed talking about 100% nicotine, which to us vapers would mean 1000mg/ml. There has been discussion that it should be S2 given we are actually importing PG/VG liquid for the unapproved therapeutic use of stopping smoking. This liquid does contain low concentrations of nicotine and is for the purpose of inhaling. It should be S2.

    It hasn't been classified as such thanks to the usual rhetoric of "not tested" and "not enough quality control".
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  9. #19
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    S7 is not specifically talking about 100% nicotine. Or any concentration of nicotine. S6 Nicotine is the only provision that is determined (partially) by concentration.

    As for Victoria - Vic Health have "determined" that it is schedule 7 and that for reasons they (or anyone for that matter) cannot explain, the schedule 2 provision does not apply. So currently, according to the so-called authorities, it is illegal to possess nic fluid in Victoria.
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  10. #20
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    Victoria informs its poisons regs directly from the uniform poisons code - and the health Dept classify ejuice as S7. Currently illegal to possess without a licence.
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