What are the penalties for getting ca... Return To Archives | Search

Please Visit Our New Forums at Mycotopia
Please visit our Sponsors

Mycotopia Web Archive Archive Fungi Forum / Misc. Noteworthy threads What are the penalties for getting caught growing? Previous Next

ClosedClosed: New threads not accepted on this page
Topic Author Last Poster Posts Pages Last Post

Top of pageBottom of pageLink to this message

Crazy4weed (5150for420)
Posted on Tuesday, October 15, 2002 - 11:33 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I think we need to talk about what the penalties are if ya get caught. i remember reading somewhere that the man treats shrooms on the same level of weed. Time for me to pull out the penal code book... ack i hate that thing...
Top of pageBottom of pageLink to this message

Brad (Raze)
Posted on Thursday, October 17, 2002 - 05:43 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Well for starters, we'd need to know where you live.
Top of pageBottom of pageLink to this message

Scotsman (Barrowland)
Posted on Thursday, October 17, 2002 - 06:07 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

i dont know about growing but here it works like this , they catch you with fresh shrooms you walk , if they catch you with dry your done
Brad .....well for starter we need to know where you live
we ? would you mind explaining who we are?
Top of pageBottom of pageLink to this message

Malformed (Malformed)
Posted on Thursday, October 17, 2002 - 08:08 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

we, as in the people here at this site. (probably)

laws are different in different places, so..
there isnt a solid answer to that question unless we are going to go 'location specific.'

as for "we need to talk about what the penalties are if ya get caught"

honestly, if you decide you want to grow...
its your job to find out what could happen if you get cought.

anyone that doesnt fully understand the consequences of their actions (growing mushrooms or whatever) should not bother untill they do.

its your responsibility to educate yourselves as to the risks of whatever you do.
never jump into anything blindly.

read here
Top of pageBottom of pageLink to this message

Hippie3 (Admin)
Posted on Friday, October 18, 2002 - 12:12 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

also see here
Top of pageBottom of pageLink to this message

dom teknos (Teknos)
Posted on Friday, October 18, 2002 - 06:35 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

hey what the hell ? Nothing for California??! WOOHOO
Top of pageBottom of pageLink to this message

NixxoN (N1x_X0n)
Posted on Friday, October 18, 2002 - 08:34 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Any info on laws in Canada?
Top of pageBottom of pageLink to this message

Brad (Raze)
Posted on Friday, October 18, 2002 - 09:12 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I used "we" because he used "we." I assumed by "we" he meant the members ofthis fourm. Makes sense?
As far as Canada goes, from what I've heard its legal here, as long as there's no sign of intent to consume. Which includes drying.
Top of pageBottom of pageLink to this message

me (Dzznuts)
Posted on Saturday, October 19, 2002 - 07:18 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

hey brad, where in canada are you from. no prob if you dont want to answer that..but drop me an email if you do. [email protected]
Top of pageBottom of pageLink to this message

Crazy4weed (5150for420)
Posted on Monday, October 21, 2002 - 06:27 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Well, here it is for Cali... I think its the latest, but not sure...Should this be put in the Laws archive? I'll still try to find out more.

State-California
CLASSIFICATION-Schedule I
(d)
(18) Psilocybin.
(19) Psilocyn.

PENALTY-punished by imprisonment in the county jail for a period of not more than one year or in the state prison.

shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison. The judge may assess a fine not to exceed seventy dollars ($70)

QUANTITY-cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance

every person who possesses any controlled substance which is
(2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d),

NOTES-Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.
Top of pageBottom of pageLink to this message

Crazy4weed (5150for420)
Posted on Monday, October 21, 2002 - 06:29 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Looks like i might consider moving.... i'm jealous.. lol

United Kingdom
Psilocybin and psilocin are both illegal to possess and sell in Britain. Fresh magic mushrooms are legal to possess. One cannot be prosecuted for possessing freshly picked or cultivated mushrooms unless their have been prepared for consumption in some way (generally drying). Dried magic mushrooms have a Class A drug status, which means that the prison sentence for possession and distribution could be similar to that of other Class A drugs such as L.S.D, Heroin, Cocaine & Crack, but even dried shrooms are not considered a major priority. It is uncommon for someone to be seriously prosecuted for simple possession, and 'accidentally dried' mushrooms have generally been overlooked.
Top of pageBottom of pageLink to this message

Crazy4weed (5150for420)
Posted on Monday, October 21, 2002 - 06:33 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

United States

Psilocybin mushroom spores are legal to possess in every state in the United States, except California and Georgia. This is because it is psilocybin and psilocin (the active chemicals in psychedelic mushrooms) which are specifically listed in Schedule I, not the mushrooms themselves. Theoretically any plant or mushroom which contains psilocybin may be considered a "container" of psilocybin which makes the plant illegal also. However, mushroom spores do not contain psilocybin or psilocin. For this reason, they are not illegal either federally or in most states.

California and Georgia have specifically passed laws which make it illegal, at least in some situations, to possess spores.

Federal law in the United States does not mention psilocybin mushroom spores.


--------------------------------------------------------------------------------

CALIFORNIA

There are three interesting things about the California law regarding spores.
The law appears to state that it is only illegal to import spores into the state if there is intent to cultivate them into mushrooms.
It is not specifically illegal to possess spores, it is only illegal to "transport, import into the state, sell, furnish, or give away" spores or mycelium. Technically, this means that possession of spores obtained from mushrooms inside the state, which are not bought or sold, are not illegal.
Only viable spores appear to be illegal as the law specifically states that it is "spores or mycelium capable of producing mushrooms" which are illegal.

Health & Safety Code
Section 11390-11392

11390. Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.

11391. Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.

11392. Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.


--------------------------------------------------------------------------------

GEORGIA

Code Section
16-13-71 (627)

(a) A "dangerous drug" means any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription. In any civil or criminal action or other proceedings, a certification from the Food and Drug Administration of the United States Department of Health and Human Services attesting to the fact that a drug other than a drug contained in any schedule of Article 2 of this chapter involved in the action or proceeding is a dangerous drug that federal law prohibits dispensing of without a prescription pursuant to the Federal Food, Drug, and Cosmetic Act shall be admissible as prima-facie proof that such drug is a "dangerous drug."

(b) In addition to subsection (a) of this Code section, a "dangerous drug" means any other drug or substance declared by the General Assembly to be a dangerous drug; to include any of the following drugs, chemicals, or substances; salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifically exempted and the following devices, identified as "dangerous drugs":


(627) Mushroom spores which, when mature, contain either psilocybin or psilocin;
Top of pageBottom of pageLink to this message

Hippie3 (Admin)
Posted on Monday, October 21, 2002 - 01:28 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

i'll archive material just in case it's not already here somewhere, thx
Top of pageBottom of pageLink to this message

nuecrew (Nue)
Posted on Tuesday, October 22, 2002 - 11:30 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

I know of three people getting arrested, etc. One was from being searched while in a drunken stupor, two was drunk and being stupid and three was a person drinking and freaking out who knew where they were grown. I'm serious, alcohol is not to be trusted with shrooms. If you grow don't sell. That means let someone else from a different address sell them, a cut-out as someone said here. And never sell them fresh, undried as it is a give away how close the grower is. Anyone ever seen them sold as caramel balls?
Top of pageBottom of pageLink to this message

Hippie3 (Admin)
Posted on Tuesday, October 22, 2002 - 11:45 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

shhh...talking about selling them is taboo.
Top of pageBottom of pageLink to this message

Stephen L. Peele (Fmrc)
Posted on Wednesday, October 23, 2002 - 01:00 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

It is in my opinion and the Florida State Supreme Court ruling.....any laws on mushrooms are unconstitutional. For some really eyebrow lifting reading....go to www.mushroomsfmrc.com then go to "Discussion Room" then go down to "Mushroom Laws" then read "Mushroom Laws Are Unconstitutional". You will learn things about mushroom laws in the USA you never knew existed. You may even get mad as hell when you see for yourself just how wrong the laws on mushrooms really are. I formed the "Mushroom Lobby" many years ago to start the ground work from the grass roots level to take the Florida State Supreme Court ruling to the USA Supreme Court. Anyone who wishes to become a member of the Mushroom Lobby, complete a poll which will go to Congress, and receive a Certificate of membership, can do so by sending $25.00 to FMRC, POB 18105, Pensacola, FL 32523, and request said membership....be patient, our day is coming. Stephen L. Peele, Curator FMRC
Top of pageBottom of pageLink to this message

Dr. Cubensis (Shroomzilla)
Posted on Wednesday, October 23, 2002 - 01:47 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Thanks Crazy :)

We need to get together one of these days mister!

:0)
Top of pageBottom of pageLink to this message

cowshitblues (Cowshitblues)
Posted on Wednesday, October 23, 2002 - 11:04 am:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Anywhere or just florida? Nice article I enjoyed it..I enjoy knowing my rights, its good to learn all of them, whoohoo i learned something new today
Top of pageBottom of pageLink to this message

Stephen L. Peele (Fmrc)
Posted on Wednesday, October 23, 2002 - 04:48 pm:Edit Post Quote Text Delete Post Print Post Move Post (Moderator/Admin Only)

Dr. Cubensis.... When is the next time you will be coming to Florida...grin Stephen L. Peele

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image

Username: Posting Information:
This is a private posting area. Only registered users and moderators may post messages here.
Password:
Options: Enable HTML code in message
Automatically activate URLs in message
Action: