VIC Selling a "Smoking Blend" - Legal?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Zowno

Member
25 June 2014
3
0
1
I wasn't quite sure where this question would fit in so I thought it best to post it in general.

I would like to grow, harvest and sell my own "smoking blend". None of the plants grown are illegal or toxic. What are my legal rights to sell a "smoking blend" privately, at say markets or online?

Many thanks.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
"Smoking blend" of what?

And in which state are you planning to do this?
 

Zowno

Member
25 June 2014
3
0
1
It will be a blend of lobelia inflata and sage. I plan to conduct this in victoria.
 

DennisD

Well-Known Member
11 July 2014
179
58
589
Hi Zowno

It is not clear exactly in what form you would be selling the 'smoking blends' whether as cigarettes or in packages, however this area is quite regulated with potentially harsh penalties, so tread very carefully indeed. Before offering to sell any of the blend, it's very important to check applicable State and Commonwealth legislation in detail

Where are you at with it now?

Hugh
 

Zowno

Member
25 June 2014
3
0
1
Thank you for the response Hugh.

I looked around as much as I could and I wasn't able to find any legislation regarding my question. I plan to package it in small jars, not cigarettes.

At the moment I am just growing my Lobelia and waiting.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
The law is about tobacco.

Sage is not likely to be a problem.
However, things may be different regarding the plant lobelia inflata.

The simplest path would be to enquire with Victorian Department of Health.
Do this in writing so that you can produce it later in court.
I mention this because I know of a case in NSW where a drug dog alerted
on a lawful herbal product, and the police charged the person anyway.
 
  • Like
Reactions: John R