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Invisibledevilboy
Stranger
Registered: 08/19/01
Posts: 19
Loc: ak usa
felony charge
    #1690639 - 07/06/03 04:44 PM (20 years, 8 months ago)

I live in FL, in Pinellas County.I was charged with a felony possion of mushrooms. Im out on a 5000 dollar bail. I heard that mushrooms were a class 3 drug, but they are charging me with a class 1 the same as heroin. Anybody with any info that can help with my case would be much appreciated. By the way I was caught with 2/8 oz dryied.

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OfflineTwista
Fire it up
Male

Registered: 04/05/02
Posts: 554
Loc: Central Florida
Last seen: 6 years, 7 months
Re: felony charge [Re: devilboy]
    #1690671 - 07/06/03 04:55 PM (20 years, 8 months ago)

ask your lawyer about 'treatment in leiu of conviction'. They do this in my state where if its your first drug charge, you can go to rehab on an outpatient program (you dont have to stay in house) and get your charges expunged after you complete probation which will probably be from 1.5 - 3 years. You would also have to go to AA meetings or something of that sort.

Sorry to hear this about a fellow shroomerite. Best wishes bro.

-t-

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OfflinemotamanM
old hand
 User Gallery
Registered: 12/18/02
Posts: 6,047
Last seen: 7 days, 6 hours
Re: felony charge [Re: devilboy]
    #1690747 - 07/06/03 05:35 PM (20 years, 8 months ago)

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC03.HTM&Title=->2000->Ch0893->Section%2003


http://www.jug-or-not.com/shroom/statelaw.html
STATE CLASSIFICATION PENALTY
Florida SCHEDULE I.
(c)
28. Psilocybin.
29. Psilocyn. a felony of the third degree,

any defendant who:
Has not previously been convicted, regardless of whether adjudication was withheld, of any felony, may be required by the court to successfully complete a term of probation pursuant to the terms and conditions set forth in s. 948.034(2), in lieu of serving a term of imprisonment.



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http://heffter.org

Edited by motaman (07/06/03 05:40 PM)

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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 18 years, 1 month
Re: felony charge [Re: motaman]
    #1690976 - 07/06/03 07:20 PM (20 years, 8 months ago)

Shrooms are definately class 1

edit:
good luck...you have a good stroy how you got where u r now? heh

Edited by DailyPot (07/06/03 07:21 PM)

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OfflineSlapnutRob
Toolhead

Registered: 03/31/03
Posts: 520
Loc: Michigan
Last seen: 14 years, 8 months
Re: felony charge [Re: DailyPot]
    #1691255 - 07/06/03 09:06 PM (20 years, 8 months ago)

Isn't everything schedule 1? I thought pot was too.


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Anything stated above is fictional roleplay dialog by the character that is Slapnut Rob, in no way representing the actions or beliefs of the man behind the keys.

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Offlineerjone
el cap-e-tan!

Registered: 06/09/03
Posts: 113
Loc: that place right by the t...
Last seen: 17 years, 10 months
Re: felony charge [Re: SlapnutRob]
    #1691487 - 07/06/03 10:15 PM (20 years, 8 months ago)

so does that mean that fresh shrooms are no longer legal in FL?

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OfflineHarveyWalbanger
Demiurge
Male

Registered: 06/24/02
Posts: 3,076
Loc: 8b
Last seen: 1 month, 23 days
Re: felony charge [Re: erjone]
    #1691545 - 07/06/03 10:38 PM (20 years, 8 months ago)

They never were legal.... you MIGHT be able to get away with wild cubes or something because they ruled that 'the average person cannot be expected to identify wild mushrooms'.... it only applies to if you get arrested picking...

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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 18 years, 1 month
Re: felony charge [Re: SlapnutRob]
    #1692204 - 07/07/03 04:16 AM (20 years, 8 months ago)

Quote:

SlapnutRob said:
Isn't everything schedule 1? I thought pot was too.



Everything isn't, but pot and shrooms are. Coke and PCP are schedule 2, among other drugs. It depends on if they have medical value or not in this area...which is why pot should be schedule 2.

Quote:

erjone said:
so does that mean that fresh shrooms are no longer legal in FL?



I currently cant remeber where I heard this but I do believe it is true...I could just be imaging it. I've been up for over 48hrs and really need sleep. But the poster got arested for dryed shrooms anyways.

Quote:

HarveyWalbanger said:
They never were legal.... you MIGHT be able to get away with wild cubes or something because they ruled that 'the average person cannot be expected to identify wild mushrooms'.... it only applies to if you get arrested picking...



Actully I dont think Florida considers it fair to consider a shroom a container of the drug since they can be found anywhere. The only way they would arest someone for having shrooms is if they were dryed (since then you know whats up) or if Florida specificly named every tripping shroom in the law.

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Offlinetooky
ol' smokeyglazed eyes

Registered: 04/22/03
Posts: 48
Last seen: 20 years, 7 months
Re: felony charge [Re: DailyPot]
    #1692312 - 07/07/03 05:56 AM (20 years, 8 months ago)

I don't know about US laws, but I understand that the UN recommendations about law regarding psilocybin mushrooms is that possession of fresh mushrooms shouldn't be an offence, but preperation or possession of prepared (e.g. cut/cooked/dried) mushrooms should be an offence.

Having said that, it makes little difference the USA rarely listens to what the UN have to say anyway :wink:


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--
"Give a man a fire and he's warm for the day, but set fire to him and he's warm for the rest of his life."

- Terry Pratchett, Jingo, 1997

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Offlinedjd586
Underpants Gnome

Registered: 02/03/03
Posts: 1,655
Last seen: 14 years, 1 month
Re: felony charge [Re: tooky]
    #1692367 - 07/07/03 06:39 AM (20 years, 8 months ago)

Psilocybin and Psilocin are both schedule I drugs. Cannabis is also schedule I, but synthetic THC is schedule III.

Schedule I drugs are drugs that the DEA consider to be:

- A drug that has a high potential for abuse
- A drug that currently has no accepted medical use
- A drug that has a lack of accepted safety for use under medical
supervison

A friend of mine was busted carrying 1/4 of mushrooms a few years back. He had no prior convictions and was able to get the charges dropped to posession of drug parafonaila. He had to pay court fines and do some community service. He served no probation.

My suggestion is to get a laywer who specializes in drug related court cases. I wouldn't losed too much sleep over it. Unless you have prior convictions the worse you can get is probation.



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

Phase 1... collect underpants... phase 2...??? ... Phase 3 - PROFIT!

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Invisibleluvdemshrooms
Two inch dick..but it spins!?
 User Gallery


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
Re: felony charge [Re: devilboy]
    #1693067 - 07/07/03 12:39 PM (20 years, 8 months ago)

Quote:

By the way I was caught with 2/8 oz dryied.



Two seperate 1/8 oz bags?

Perhaps you were also charged with intent to distribute?


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You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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OfflineSlapnutRob
Toolhead

Registered: 03/31/03
Posts: 520
Loc: Michigan
Last seen: 14 years, 8 months
Re: felony charge [Re: luvdemshrooms]
    #1694551 - 07/07/03 09:18 PM (20 years, 8 months ago)

DailyPot, are you sure coke is schedule II? That's ridiculous that weed would have tougher penalties than coke.


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Anything stated above is fictional roleplay dialog by the character that is Slapnut Rob, in no way representing the actions or beliefs of the man behind the keys.

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Invisiblesilversoul7
Chill the FuckOut!
 User Gallery

Registered: 10/10/02
Posts: 27,301
Loc: mndfreeze's puppet army
Re: felony charge [Re: SlapnutRob]
    #1694573 - 07/07/03 09:27 PM (20 years, 8 months ago)

Yes. Coke does have some accepted medical value(but the government refuses to recognize the medical benefits of marijuana).


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"It is dangerous to be right when the government is wrong."--Voltaire

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Offlinemeguh0
yoyo
Registered: 07/07/03
Posts: 12
Last seen: 20 years, 8 months
Re: felony charge [Re: silversoul7]
    #1694595 - 07/07/03 09:34 PM (20 years, 8 months ago)

I can never find laws regarding Psilocybin for missouri. anyone have any links?


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Don't argue with stupid people.
They will drag you to their level
and beat you with experience.

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Offlinedaba
Stranger
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Registered: 12/30/02
Posts: 3,881
Last seen: 11 years, 2 months
Re: felony charge [Re: silversoul7]
    #1694602 - 07/07/03 09:35 PM (20 years, 8 months ago)

I thought marijuana was sched 1 and sched 3?


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Fold for The Shroomery!

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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
Posts: 2,207
Loc: Florida
Last seen: 18 years, 1 month
Re: felony charge [Re: daba]
    #1694907 - 07/07/03 10:57 PM (20 years, 8 months ago)

Marijuana is I
Senthetic THC is III

Quote:

Psilocybin mushrooms are illegal in every state in the United States except Florida (see below).



http://www.erowid.org/plants/mushrooms/mushrooms_law.shtml

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OfflinemotamanM
old hand
 User Gallery
Registered: 12/18/02
Posts: 6,047
Last seen: 7 days, 6 hours
Re: felony charge [Re: meguh0]
    #1694964 - 07/07/03 11:16 PM (20 years, 8 months ago)

Quote:


I can never find laws regarding Psilocybin for missouri. anyone have any links?





http://www.shroomery.org/index/par/3367#missouri



--------------------
http://heffter.org

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Offlinemeguh0
yoyo
Registered: 07/07/03
Posts: 12
Last seen: 20 years, 8 months
Re: felony charge [Re: motaman]
    #1694980 - 07/07/03 11:22 PM (20 years, 8 months ago)

Thank You motaman. I could have sworn I search here before and it didn't have a listing for Missouri. Well after reading the above link for Missouri, I'm a bit confused. All 3 of those links specifically mention marijuana only?! Any input on this?


--------------------
Don't argue with stupid people.
They will drag you to their level
and beat you with experience.

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OfflinemotamanM
old hand
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Registered: 12/18/02
Posts: 6,047
Last seen: 7 days, 6 hours
Re: felony charge [Re: meguh0]
    #1695031 - 07/07/03 11:43 PM (20 years, 8 months ago)



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