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Thread: State Legislation and you....

  1. #31
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    So if the importation bans are based on nicotine liquid which is classified as a Schedule 7 poison through the SUSMP, Is it possibly to temporarily harden or crystallise liquid nic into a solid state for shipping purposes only ?

  2. #32
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    Nicotine's "parent schedule" is Schedule 7, meaning unless it is specifically included in a lower schedule (or exempt) then it's S7. So to answer your question, solid nicotine (which is actually available as a salt) would be S7 and still very much illegal - not to mention a shite-load more dangerous to be handling.

    To clarify the breakdown:

    1. Nicotine is S7 unless included in S6 or used as a therapeutic aid to withdrawal from tobacco smoking, or in tobacco for smoking (cigarettes, cigars, etc)
    2. Schedule 6 nicotine is a maximum concentration of 3% (30mg/ml) for vetinary usage.
    3. To be a sold as a "therapeutic aid" in Australia you need TGA listing or registeration. Since nicotine is an S7 poison, it needs to be registered, listing isn't enough.
    4. Schedule 4 is for therapeutic usage (prescription required) unless delivery is via the skin, or oromuscal member, in which case it's exempt. This exemption applies to all currently approved NRT treatments (gum, lozenge, inhalator, patch). Surprisingly enough it also applies to nicotine spray which is chemically nearly identical to eJuice and has not been TGA approved at this stage.
    5. Schedule 2 is the same as above but for "inhalation". It was originally for the nicotine inhalator, but since eJuice would have also been covered, they weaseled out by explaining that the inhalator actually works via the oromuscal member and therefore is S4 exempt, and the S2 listing should be scrapped. This is due to "officially" come into effect early next year.

    The irony is that nicotine from an e-cig is also most likely absorbed via the oromuscal, but there isn't enough evidence to prove this yet. Since the Ruyan patient says it's to deliver the nic to the lungs, that's what they currently believe.

    Clearer?

  3. #33
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    In the "Delegate's reasons for interim decisions August 2011" it says that the delegate decided on an implementation date of 1 January 2012.
    This is for changing the schedule of nicotine. So do you think we might see changes then on imports at customs ie. seizures??

  4. #34
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    Honestly, I doubt it. Even under current laws we are "technically" breaking the law, so I doubt anything will change.

    The thing to remember is there are no Federal laws preventing the importation. The Scheduling rules are not laws in and of themselves, they are put into power by State laws. So far only QLD has bothered with any seizures and that seems to have stopped.

    I get the feeling it falls under "more trouble than it's worth".
    vapz likes this.

  5. #35
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    I thought nic juice is an "unapproved" 'aid in the withdrawal of tobacco smoking' which means we can legally import under the unapproved therapeutic importation scheme which allows for the importation of 3month supply at a time and no more than 15month supply over a 12 month period.

    What's changed?

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  6. #36
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    so far as I am aware that permission was for unapproved medicines, they refuse to see it as a medicine so it don't classify.
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  7. #37
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    Quote Originally Posted by Stoney View Post
    so far as I am aware that permission was for unapproved medicines, they refuse to see it as a medicine so it don't classify.
    Unapproved Therapeutic Goods, iirc, in other words anything that the Therapeutic Goods Association might cover in their schedules........nic ejuice is a nicotine products that is suggested to "aid in the withdrawal of tobacco smoking". Being that is specific category in the schedules would suggest that nic ejuice is an unapproved therapeutic good, which means it's covered by those personal import rules mentioned.

    If it were illegal to import, customs would be confiscating it and/or passing it on to the relevant state authorities to do the confiscating........and I know they don't because they opened, tested and passed my 500ml 36mg juice just a month or two ago.

    We know this was happening in QLD for a little while but my guess is that QLD Health overstepped their authority. Once people started complaining they realized they had no authority to confiscate so quietly backed down and stopped.

    I'm sure the states could pass a specific law that gives them the authority to confiscate nic ejuice, but I don't believe the changes to the TGA schedules Soundasleep mentioned accomplish that end on their own.



    Then again I'm no lawyer so I could be up shit creek without a paddle

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  8. #38
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    Yes, eJuice can fall under an "unapproved therapeutic aid" even though the TGA will never admit it outright, the actually wording of the Commonwealth Theraeputic Goods Act means it does qualify.

    The trick is that it's now been classed a Schedule 4 Poison which means you technically need a prescription for it to be legal. Since you can't GET such a script from an Australian GP, we are again technically breaking the law by importing a "prescription only medicine" without a script.

    I'm just going by what my local GP said. If you can convince your GP to give you a script for nicotine eJuice then you'd be fine.

  9. #39
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    I live in Queensland and im thoroughly confused if owning the devices are illegal as well as the Nic. can I show my ecig at the airport without getting it confiscated ? can I vape in a smoking area without getting arrested?
    Gee I'm sick of this bullshit.
    Ive never done drugs and I dont drink yet i am made to feel like a druggie or criminal. Its not fair and it makes me angry.

  10. #40
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    Quote Originally Posted by gert View Post
    I live in Queensland and im thoroughly confused if owning the devices are illegal as well as the Nic. can I show my ecig at the airport without getting it confiscated ? can I vape in a smoking area without getting arrested?
    There is nothing restriction the usage of the e-cig hardware itself, except possible in WA if it looks like an analogue. You might be technically "breaking the law" but nobody has been charged, and given it costs about $500 to test PG for nicotine, it's not cost effective to pursue this.

    The worst that has happened so far was JuiceNinja having his gear seized by the cops. It's been 28 days (how long they can hold it according to ACB) since that happened but we haven't got an update yet.

    My best mate is a cop and he hasn't heard anything about them yet (well, anything apart from my ranting of course

 

 
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