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 bobbob
Stranger
Registered: 03/21/08
Posts: 8
Last seen: 2 months, 10 days
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 When did spores become illegal in California
#8175035 - 03/21/08 07:32 AM (6 months, 19 days ago) |
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What year did spores become illegal in California? And why?
I ask because often my state follows California with some of their restrictions.
I have searched the boards and cannot find any reference to the time frame.
Thanks.
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 klimt
Stranger
Registered: 03/07/08
Posts: 166
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Re: When did spores become illegal in California [Re: bobbob]
#8175071 - 03/21/08 07:58 AM (6 months, 19 days ago) |
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It would be interesting to know if deaths have increased in California from people mushroom hunting, since this law was enacted.
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Chemy
Registered: 10/05/07
Posts: 5,727
Loc: Baltimore, MD
Last seen: 15 hours, 56 minutes
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Re: When did spores become illegal in California [Re: klimt]
#8175095 - 03/21/08 08:27 AM (6 months, 19 days ago) |
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Quote:
CALIFORNIA
There are three interesting things about the California law regarding spores.
1. 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.
2. 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.
3. 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.
Good point Klimt, I wonder that as well.
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fastfred
Registered: 05/17/04
Posts: 4,326
Loc: Dark side of the moon
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Re: When did spores become illegal in California [Re: Chemy]
#8177609 - 03/21/08 09:18 PM (6 months, 18 days ago) |
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Since spores are only for microscopy it would seem that they don't violate the law. This puts spores in CA with the same legality of anywhere else. Spores + intent = guilty, spores + no intent = not guilty.
I wonder what the point of this law was and why people are over-obeying it?
11391 might scare spore vendors off, but the way it's written it seems that it would be the spore vendors intent, rather than the purchaser, that would be considered to determine if a violation occurred.
It says "for the purpose of facilitating a violation of Section 11390", if the purpose is microscopy then it would seem to still be legal.
-FF
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johnm214
Registered: 05/31/07
Posts: 6,469
Loc: Americas
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Re: When did spores become illegal in California [Re: fastfred]
#8178449 - 03/22/08 12:51 AM (6 months, 18 days ago) |
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Quote:
fastfred said:
Since spores are only for microscopy it would seem that they don't violate the law. This puts spores in CA with the same legality of anywhere else. Spores + intent = guilty, spores + no intent = not guilty.
I wonder what the point of this law was and why people are over-obeying it?
11391 might scare spore vendors off, but the way it's written it seems that it would be the spore vendors intent, rather than the purchaser, that would be considered to determine if a violation occurred.
It says "for the purpose of facilitating a violation of Section 11390", if the purpose is microscopy then it would seem to still be legal.
-FF
I agree people are making too much out of it
But the vendors on this and other sites aren't really helping themselves.
It would be better for them to offer plain files, without picture of the fruiting bodies, and not have an abundance of description regarding the fruiting bodies.
While the above isn't per se intent, it doesn't help.
I realize this site does a decent job at seperating the vendors' forums and other forums' discussions of cultivation from the vendors themselves, I would be more vigilant in objecting to the discussions that get tied in to vendors if I were them.
There is always some folks posting here about their grow, and then discussing the source of the spores. Again, I realize this isn't per se showing the vendor intended to provide spores for cultivation, it could be used to cumulativly show the sponsers intent or knowledge of the users' intent. Unfortunately, the law allows for the actions of others to be held against the prima facie legal acts of others.
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klimt
Stranger
Registered: 03/07/08
Posts: 166
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Re: When did spores become illegal in California [Re: johnm214]
#8181351 - 03/22/08 08:56 PM (6 months, 17 days ago) |
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Fastfred is probably right; and I completely agree with johnm214.
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bobbob
Stranger
Registered: 03/21/08
Posts: 8
Last seen: 2 months, 10 days
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 Re: When did spores become illegal in California [Re: bobbob]
#8205170 - 03/28/08 07:46 AM (6 months, 12 days ago) |
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Thanks for the replies.
I was kind of wondering when exactly they made spores illegal in CA.
Here in AZ the legislature tends to follow CA on a lot of stupid laws.
For example, text messaging while driving has been illegal for about 6 months. Of course it's not smart to do this but how in the hell are they going to enforce it? So it just made the news a week or so ago that in the six months since the law has been passed, they have issued a total of THREE citations. One of the legislative members came out and said it was still a good law because "it increased public awareness"!!! WTF?
They've also recently made it against the law to smoke in ANY public places including bars. And there was talk of making it illegal to smoke in your car if you are driving with children. I'm not sure if that has gone through yet.
Anyways, Salvia has been making the news here like everywhere else so I'm sure they will pass some law against it. I'm just hoping that some "protector of the children" doesn't try to tack something on the bill to make spores illegal here.
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