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#1
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Canadian Law: What is the true reason for scheduling plants?
Last year I was was involved in a debate with Health Canada about its intent to try and schedule Salvia divinorum. Without getting into the biology and chemistry of the plant their reason listed right on the website for wanting to do so were because they felt that hallucinating is dangerous to the youth. They also cited sources that actually claimed the exact opposite of what Health Canada was trying to imply online.
Luckily, and probably based on the fact they hadn't actually read a single thing about the plant other than its hallucinogenic and kids can buy it, it was not scheduled. Though i have this feeling its on the back burner until they can actually find something scientific to give it a bad release. Though it is quite irrelevant, I am not a drug user/promoter. But i have been quite interested and somewhat involved in "the war on drugs". It is my opinion it is a religious one aimed at conformity. What i just cannot understand (and I am primarily trying to stick to Canadian Law) is how the government can actually steal (seizures) a persons belonging and torture (jail) them. So what I am trying to do is find out where, on paper (or online), these laws are discussed in detail as to the reasons for creation and enforcement. The real debate i suppose once I (we?) have read the official reasons for banning the freedom of mind expression/physical sensation. Also my primary focus is on natural products, not synthetics. I am talking plants, Cannabis, Psilocybe, Papaver etc. I appreciate any light you guys could shine on the subject as the Charter of Rights has a nice scape goat right up top rendering it as useful as Americas constitution post 9/11. |
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#2
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Does salvia divinorum (a plant) cause you (not you specifically, but in the general sense) to (note: 1 "O", not 2) overuse parentheses?
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#3
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Seen as I do not use it, I very much doubt it (sorry if my brackets offend you).
Any serious thoughts? |
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#4
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It would help your credibility if you didn't automatically equate jail with torture. Being locked up isn't pleasant, but it's not (inherently) torture.
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#5
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ETA: on topic, the concept of making a plant "illegal" has always seemed ridiculous. Overgrow!! Last edited by kayaker; 07-16-2012 at 06:48 AM. |
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#6
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Didn't say torture couldn't happen in jail, just that it's not inherent to jail. Not everyone jailed is abused
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#7
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Welcome to the Straight Dope, Coastal! Your OP looks like an interesting idea. Unfortunately, it's a bit muddled, in my opinion. Are you wanting to discuss
-The ethics of imprisonment in general? -The ethics of imprisonment for possessing specific plants? -The ethics of imprisonment for possessing salvia? -Something else? What might help is if you'd make a single, strong sentence stating your opinion, followed by some facts or arguments that inform your opinion. For example: "It is my belief that possession of all plants should be legal. Although some plants may be dangerous to consume, it is the individual's responsibility to determine which these are. Parents must help their children make these determinations. Many times it's not the most dangerous plants (belladonna, oleander) that are criminalized, but rather the less-dangerous ones (salvia, marijuana). If you start with a clear statement of opinion and follow it with facts and arguments, people may have an easier time engaging with you productively. Edit: while I can certainly see where you're coming from with calling jail "torture," it's dangerous to make controversial asides in your arguments, as they can distract readers from your main point. I suggest confining controversial statements to the main issue you want to discuss .
Last edited by Left Hand of Dorkness; 07-16-2012 at 08:31 AM. |
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#8
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Thanks for the thoughtful responses, I see where you are coming from.
I do equate jail with torture as it is without consent and ripping you away from your loved ones to be forcefully kept in a cage. Maybe not 100% are abused, but anyway. Yes, not the point. That's a dead topic. My concern is exactly what is written above: Quote:
The idea that someone can have all their material possessions taken (can I say stolen in brackets? ), be taken away from any true human contact with family/friends/regular society, perhaps being raided and physically forced equates assault. Then you are forced to live in cages and undergo untold mental anguish and likely physical as well.For what? Growing some plants? Getting a buzz that doesn't cause nearly as many health concerns as legal alternatives such as ethanol? This really, in any kind of unbiased view, seems completely wrong. If it were a group of citizens that did this to someone, they would be labeled psychopaths. So what I first would really like to find is where, in writing, indicates the motives of the government to play such horrendous games on its people, and how exactly they maneuvered their pawns to get away with it. Salvia divinorum was only the most recent example, not the point entirely. Health Canada tried to ban it based on no actual research done in Canada, and some papers they picked certain paragraphs out of but left out others like the fact the article claimed it likely to not be habit forming but that was one of the worries the Canadian government had yet their only references were to the contrary. That one got smacked down and I have not read about it for a few months now, nor have iI been replied to from the people I was engaging. But many other things are still not OK. There are other laws that are rather strange as well, such as Ephedra. With all the Asian people in Canada, I am surprised that they tried to control it. As is, you can have it no problem, but cannot transport across the border. Export or import. With all the scare of amphetamines, its an easy win, but the thing is this herb is a real life saver in some cultures, many of which are living in Canada. Its amazing for asthma, immune system etc, but once again huge human rights issues if you are importing it. So how, when, why did they feel they could actually take everything from us for having a plant? That's the Q. Medicinal or otherwise, what right do I have to tell you what flavour of ice cream to eat? |
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#9
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FWIW, I tend to agree that possession of plants should not be illegal. There maybe exceptions or good arguments in favor of criminalization of possession, but I can't make them. |
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#10
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Initial efforts dealt with getting accurate labels on things - patent medicines having to admit they were mostly alcohol and opium, for instance. I don't know anyone who thought, or thinks, that was a bad idea, you SHOULD know what you're consuming, right? However, addiction and the problems surrounding it were still a social problem at the end of the 19th Century and beginning of the 20th. The last half of the 19th Century saw the rise of Temperance Movements in many nations, movements that promoted reduction or elimination of alcohol consumption based upon the harm done by those substances. US Prohibition is probably the best known of their "successes", which was later repealed when it was decided that the prohibition was causing more harm than legalization did. Meanwhile, there were still many concerns regarding opiates, cocaine, and marijuana which gradually led to them behind scheduled with the idea that if you only allowed doctors to prescribe and eliminated easy access people would stop using. Which has been about as successful as alcohol prohibition. Hallucinogens were pretty much legal up until the late 1960's when the Establishment freaked out over them and decided banning them would work, even if it hadn't proven terribly effective for anything else. An important thing to remember is that the prohibitions occurred in response to real problems in society. It wasn't a case of sadist government goons being big meanies. When everything was legal we had people (just like now) who couldn't control their consumption causing all sorts of problems. Prohibition was essentially a big social experiment. Prohibition does reduce consumption - US alcohol Prohibition reduced consumption by about 1/2 - but the side effects arguably cause more damage than the drug/substance itself did. In an effort to enforce Prohibition the government(s) kept upping the penalties thinking that would make it more effective. The result is only marginal gains in compliance and increase in harmful side effects. For some reason, society was willing to accept that in the case of alcohol in the US and re-legalized it, but not on anything else. Why? Now that is a debatable question. Is that the question you want to debate? |
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#11
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First, there is no freedom of "mind expression/physical sensation." Getting high is not a recognized civil right.
Second, the implicit argument in this thread is that if something is natural, it is okay. I see no reason whatsoever to make any distinction between a chemical compound l-letsgetmessedupithol if it is produced by cute bunnies and flowers in a process that has by-products of sunshine and rainbows, or if it is produced through a hazardous and polluting process controlled by the ConGlomCo Corporation. Third, the reason why the government can seize contraband and lock people up is because of the police power that every. single. government. ever. has exercised as part of its method of enforcing laws. There are of course checks and balances to this power, such as democratic elections of people who can vote to change laws, to the guarantee of qualified representation in court, to rights to a jury trial. I hope that answers some of your questions. |
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#12
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You do know that opium, over which innumerable lives have been destroyed, wars fought, international relations ruined, causing the rise and fall of governments is a natural drug, right?
Are you saying that no country, ever, has a right to control/stop the distribution of opium? No matter the damage it causes to it's people? |
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#13
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Whatever the value of the war on drugs (and I agree it's stupid) you are falsely characterizing it as something the government has imposed on an unaware or willing populace. That is most assuredly not the case; historically the war on drugs had the enthusiastic support of the voters, especially during the 20th century. As Broomstick points out, opiate addiction was a not-insignificant social problem in the late 19th century, as was alcohol addiction - people back then drank a LOT more than they do today, to the point that alcohol was a legitimate public problem - and so there was an understandable public outcry for something to be done. Less obviously harmful drugs like marijuana got pulled into the mix largely out of association. Last edited by RickJay; 07-16-2012 at 02:20 PM. |
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#14
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Scheduling saliva? Isn't that what Pavlov did?
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#15
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Possession and/or use? No. They have no right whatsoever. |
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#16
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I'd have to argue when the majority, in a democracy want it, I think they do have a right.
And I don't think you could get a majority to vote to legalize opium! |
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#17
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If you don't schedule them, you'll have wayyy too many one day, and nowhere near enough the next...
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#18
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In the US, "majority rule" was widely (and rightly) considered akin to anarchy and chaos. The Constitution is mainly a document limiting majority rule and protecting the rights of the minority. Personally, I don't think "majority wants it" is a good justification for anything at all. |
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#19
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Secondly, the Constitution is designed to prevent tyranny, not majority rule. Sufficient majority rule could and did ban alcohol, in accordance with the Constitution. It then later reversed that ban, again in accordance with the Constitution. Obviously "most people want it" isn't necessarily right, or good policy. I'm no populist, believe me. The point, though, is that the OP is characterizing drug laws as being some sort of religiously motivated form of dictatorial oppression, and that is just fifty-nine different kinds of false. Drug laws are the law of the land because people want them to be. If you want to change the law, you have to convince people to change their minds about it, because it's NOT being enforced by an iron fist against the will of the people. It's being enforced with the happy cooperation of the people. |
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#20
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Are you actually saying that legal restrictions on getting high is like a pervasive conspiracy of laws to institutionalize bigotry and racism, or are you just arguing a philosophical point about majoritarianism that we can nod our heads to and move on?
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#21
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I thinkk this is not quite the point. I am not arguing natural products, i am arguing nature. The species, as a plant.
I am talking baout how criminal it is to own plants, and use plants. Not manufactured drugs. Not heroin, but yes Papaver somniferum. Not cocaine, but yes Erythroxylum coca. Not hash, but yes cannabis staiva. One could call the plants containers for the drugs as they do in Australia. So if you import 1000kg of coca leaves like coca cola would in the states (to be later extracted), they would treat as if you were importing 10000kg of pure cocaine. In many countries they equate a single plant to XX in weight of final product. I believe the USA does this as well, but cant be 100% sure on that. Despite what social problems refined drugs have, until it starts truly affecting others on a physical level, then i feel they have every right to use them. Just as much as i feel every person has the right to cough syrup or corn. my bringing up the jail thing is only to put more power behind the word jail. many people just say it and don't even bother thinking how horrible the whole ordeal is. I am trying to make the point that growing some plants, and maybe even using the plants you grew to get high, is not a criminal offence and is (should be) a human right. Getting high often causes little harm, this depends on species and I wont get into it in great depth as i am well versed in that area. The ones that are dangerous, and which there are many of and ironically are not often/ever controlled, tend not to be habit forming. The most common habit forming ones are probably opiates adn cocaine. Cocaine is a rather involved process and takes a great deal of material that is not easily grown outside semi tropical mountains. Opium is easy to grow/use. I am not going to debate opium addiction as its an addiction and in its current state a bad thing as you have problems when you are addicted to something and cant have it due to XXX reasons. so, plants should not be controlled aside from conservation status and import status in consern to disease adn noxious weeds (as they already are). Although sometimes you get air heads (Austrlia in one state) that put a slow growing, rot prone cactus (peyote) oin the invasive species list. These won't likely be legalized and people allowed to self regulate on their own terms anytime soon. But I think medicinally it is really a form of torture to take people away from something that will help them. People need more responisibilty and more rights to be free, we should be done with nannies by our teen years. What i am trying to find is a canadian book/website/public file stating the reasoning behind each plant that is banned. here are some links and info for others. The act in Canada. http://laws-lois.justice.gc.ca/eng/acts/C-38.8/ Controlled plants of canada (note some controls are not outright bans but restrictions of movement) Sched. 1 Papaver somniferum -Opium Poppy Sched. 1 Erythroxylon - Coca (that reads the entire genus, many species) Sched. 2 Cannabis - Marijuana (It's not even a debate anymore how criminal it is to criminalize this incredibly useful plant) Sched. 4 Catha edulis - khat Sched. 6 Ephedrine (erythro-2-(methylamino)-1-phenylpropan-1-ol), its salts and any plant containing ephedrine or any of its salts (That is quite a lot of plants actually) A question for you law folk. When the act states a chemical name, say Mescaline, and states "any salt thereof", does this also by default include teh living plant? I assume not, however in the Mescaline case they also go on to exclude a specific species of plant, implying they are included. see below: 17. Mescaline (3,4,5–trimethoxybenzeneethanamine) and any salt thereof, but not peyote (lophophora) So mescaline is controlled, and a specieis of plant (Lophophora) is an exception. these substances do not exclude any speices: 11. Psilocin (3–[2–(dimethylamino)ethyl]–4–hydroxyindole) and any salt thereof (Many mushroom species) 5. Lysergic acid diethylamide (LSD) (N,N–diethyllysergamide) and any salt thereof (Many morning glory species) 7. N,N–Dimethyltryptamine (DMT) (3–[(2–dimethylamino) ethyl]indole) and any salt thereof (DMT is found in thousands of species of plants and animals, including our own) there are amny more like this, and it seems to leave awide gap for translation. |
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#22
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Just because something is found in nature doesn't mean there's a right to own it. ETA: it seems you're kind of making two arguments: you just want to talk about owning plants that could produce drugs, and yet you want to disregard the fact that the plants are sources of drugs. And then you go on about how people should be able to use drugs. Well, which is it? Let's just be straight here, you're saying that people should be allowed to own plants so they can manufacture their own drugs, correct? Last edited by Ravenman; 07-18-2012 at 09:15 AM. |
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#23
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But only the ones you think should be delisted, is that right? The others are all okay to control.
It sounds like you just want the line drawn slightly more over that way, so as to accommodate your own proclivities, and the rest is just window dressing. Guess you'll just have to wait, like the rest of us, until the day comes .... "When I'm king of the universe...." Till then, keep on tilting at them windmills, someone's got to do it! |
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#24
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Oy. No all wrong.
I am arguing plants should eb legal to own, period. Plants as far as disrupting the natural balance (weeds/disease carriers) i am fine with the laws because they are not banned. If you import some morning glories, you don't go to jail. If you import hemp, you can. Quote:
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People are losing their lives for growing these plants, that is wrong. Surely I am not the only one who sees this? And I have yet to find, and no one here has yet to hint at the core of the issue: the information. Where is the original texts that ban these plants? i am not seeing it. I can't believe we are all following this BS without actually having something in paper explaining. |
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#25
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I may have been born yesterday, but it wasn't last night.
I fail to believe you for one microsecond that people would grow marijuana, opium poppies, cocoa leaves, or whatever and have no interest in extracting drugs from those plants. It's just not a plausible argument at all. |
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#26
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Well, let me be the first to wade in then, and state outright, I do not want to see Opium production taken up in my country, just so you feel freer and want a hobby. There are social consequences to such things. Have you actually visited any countries where opium production continues, to see the social cost? It ain't pretty.
I, and I believe, the vast majority of people, have no problem with this plant being illegal because of the social costs. As it's a democracy, I think you'll have to do better than, "But it's a naturally occurring plant, dude!" Not that the majority wouldn't like to see Marijuana delisted. Most probably would. That's a far cry from delisting opium or coca. Because they are plants. Natural, God provided, blessed by saints - none of it changes that some plants produce horrific social consequences, that the vast majority care not to risk in the name of your personal freedom in pursuit of a hobby. And now, I believe we're back in ..."When I rule the world..." territory again. |
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#27
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#28
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Last edited by Northern Piper; 07-18-2012 at 11:06 PM. |
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#29
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This was my issue with the Salvia divinorum thing in Canada. Their argument was that hallucinating is wrong. What right does anyone have over that? In literal terms, dreaming is a hallucination of sorts. If there is no negative impact on society, there is little argument. I think people really do not realize the sheer number of species with drugs in them. It is seriously huge, and i would bet that even close to half of all flowering plants contain narcotic/psychoactive compounds. Homo sapiens itself is a container for a few controlled substances, as are other animals |
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#30
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You get to tell us to drop it? Because it's not where you'd like the discussion to go? Seriously?Quote:
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No one's Gran has been sent to jail for growing poppies in the garden, by your own admission. Do you even understand how such silly points are undermining any point you may have had? Quote:
Suddenly I can totally understand why you're not getting any answers. You are deaf to any opinion but your own. It doesn't seem like you want to engage in discussion so much as just an opportunity to convince everyone of your view. I remain unconvinced by your silly 'it's a living entity' argument. Last edited by elbows; 07-19-2012 at 04:56 AM. |
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#31
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Why would a law that allowed possession and use of the whole plant, but criminalized extraction and purification of certain compounds be a problem? |
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#32
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Allowing people to grow plants but just not 'extract' is ridiculous from an enforcement point of view. This would be entirely counterproductive to the ends you're trying to achieve, not to mention increase enforcement costs substantially, I should think. Last edited by elbows; 07-19-2012 at 06:02 AM. |
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#33
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#34
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Possession of burglary tools. What is wrong with walking around at night in dark clothing with a prybar and latex gloves? There are already laws against burglary. What is wrong with owning a fully automatic high-powered rifle with no serial numbers that is not registered with the appropriate officials? There are already laws against assault with a deadly weapon. Here's another thought: police shouldn't be allowed to harass people buying lots of fertilizer and diesel. There's nothing wrong with either of those commodities, in fact, they are very common. If the government starts getting concerned about every person who rents a U-Haul to move a few hundred pounds of fertilizer and diesel, then we're going to be sentencing farmers to their doom in state-run dungeons (to turn a phrase inspired by the OP). And why should large cities ban people from holding demonstrations in the streets while wearing masks to conceal their identity? Sure, the US has a long history of hooded white men holding bonfires in residential areas at night, but there are laws against that, and there's nothing inherently wrong with wearing a mask, right? If one is willing to totally ignore the real world, lots of things might be considered harmless activities. |
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#35
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What is the difference? |
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#36
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I'm saying that there is no legitimate reason for someone to claim that they were innocently growing a field of marijuana or opium poppies. Of course they're growing it for illicit purposes. There's no balance to be struck at all. Just because plants are, like, totally natural, man, makes no difference whatsoever. |
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#37
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Elbows, no offense my friend but you just don't seem to comprehend.
argument: all plants should be legal. I gave examples of other dangerous plants that are not illegal/controlled and i feel they should remain legal. Quote:
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Grude, another very similar example as you state would be ephedrine/pseudo-epehdrine. so hypothetical situation for those of you lucky enough to live in the real world. Grandma can grow opium poppies in her garden, and as of yet I have not seen one of them go to jail for it. This is, I am guessing, strictly due to intent of the grower. Granny probably isn't making poppy pod tea (probably). Now what if granny grew a large marijuana plant in her garden for same reason, its pretty. She didn't smoke it, only grew it. The plants are both scheduled, they are being grown by grandma, but do you think police would drive by and not do anything if it were a marijuana plant? Is marijuana more dangerous than opium? This is the logic i am discussing, and the fact that there is very little of it in regards to drug laws and psychedelics. |
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#38
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and always adding "ya man" type stuff, although effective at discrediting my point of view, is kind of a scape goat for not really wanting to think something out. I'm not a hippy in the sense like that, only in the sense i believe in human rights and freedom. |
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#39
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Again, there is nothing unique about plants that make them less subject to regulation. There is no reason to treat plants differently than man-made items, whether the thing in question is a gun, PCP, or anything else. Quote:
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#40
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Coastal, could you explain a bit more clearly why being natural means that something should not be regulated? That would do a lot toward convincing me your position is correct.
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#41
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I don't see why it would be so difficult to say for example that growing and possessing a quantity of opium poppies is legal, processing them mechanically and chemically into heroin is not legal. |
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#42
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#43
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However I still don't see a problem with limited quantities of raw plant material being legal, while chemically different refined substances are not. For an example beyond codeine, coca leaves are a traditional drug in parts of South America and their use is culturally accepted. Not so if they have their cocaine extracted and purified. http://www.tni.org/primer/coca-leaf-myths-and-reality Quote:
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#44
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What if we made puffer fish illegal to aquarium hobbyists? why not toads to reptile enthusiasts? Quote:
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once again, I am looking for anyone to help me find the discussions that went on when banning these plants in Canada. Does this information exist? or are these laws all based on senseless assumptions and had no real study/discussion conducted to take these freedoms away? If it were a different topic with the same situation, people would be more angry about it. It just happens psychoactive plants have long been demonized and raise little attention to the general public. |
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#45
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I think you'll find that most people, in fact, a majority, both understand why, these plants are scheduled, and are content to have them be so. For obvious reasons.
I don't foresee a sudden swing to people believing there would be no societal impact to descheduling these plants. Easier access to addictive substances, seems highly unlikely to become a popular rallying point, in my opinion. You feel otherwise clearly, but you haven't done much to convince anyone beyond waving away their concerns as unfounded and hysterical. |
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#46
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lets go back to the basics. these plants are controlled. the only concern to Canada as an addiction possibility here is opium poppy, ironically its also the only one commonly grown in Canada by damn near anyone....All the others are HIGHLY medicinal and of great economic importance, although on that list only Cannabis and Papaver can be grown reliably in Canada, this is fact and I am a botanist so can say this with 100% certainty. Sched. 1 Papaver somniferum Sched. 1 Erythroxylon species Sched. 2 Cannabis Sched. 4 Catha edulis - khat Sched. 6 Ephedra species (and any other plant that has ephedrine). Quote:
I have emailed the DOJ many times, and not gotten anywhere with them either (requesting publications/ejournals/websites etc describing the process of banning. IM starting to wonder if it is just a copy paste/slight edit form UN and USA regulations. |
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#47
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Cannot edit post above, so new psot.
I thought these were of interest to the conversation as well. http://www.justice.gc.ca/eng/pi/rs/r...qr02_2/p1.html Quote:
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http://www.justice.gc.ca/eng/pi/rs/r...qr02_2/p4.html Quote:
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http://www.justice.gc.ca/eng/pi/rs/r...qr02_2/p7.html Quote:
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From health canada, surely cannabis isnt controlled based on this alone....? half of my medicine cabinet has worse side affects. http://www.hc-sc.gc.ca/hc-ps/drugs-d...abis-eng.php#d Quote:
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List of Approved [hemp] Cultivars for the 2011 Growing Season http://www.hc-sc.gc.ca/hc-ps/pubs/pr.../index-eng.php and http://www.hc-sc.gc.ca/hc-ps/substan...lusion-eng.php Applying for med marijuana http://www.hc-sc.gc.ca/dhp-mps/marih.../index-eng.php |
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#48
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anybody? all the quotes above are from the gov of canada.
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#49
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Does anyone know a similar type message board where lawyers tend to hang out? It is rather frustrating never getting an answer other than opinion and being told im wrong with no facts or references to back it up. As of yet, the government has not been able to answer my question either. Which leads one to assume they are banned because of a belief not due to fact.
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#50
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