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OfflineNickster_154371
entheogen enthusiast
Male
Registered: 01/01/04
Posts: 469
Last seen: 6 years, 8 months
Legal issues behind live mycellium?
    #6555538 - 02/11/07 08:01 PM (17 years, 1 month ago)

So I just ran into this guy who knows a guy who knows a guy etc. who is selling spawn bags similar to what MycoFactory is offering however his bags are pre-injected with Cubensis spores and are already completely colonized.

Obviously this is illegal because the mycellium is psychoactive, however, is it the same consequences as selling actual mushrooms or less? If caught, what kind of legal trouble is this guy looking at?

Cheers,

-N

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Offlinewilshire
free radical
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Registered: 05/11/05
Posts: 2,421
Loc: SE PA
Last seen: 14 years, 2 months
Re: Legal issues behind live mycellium? [Re: Nickster_154371]
    #6555918 - 02/11/07 09:12 PM (17 years, 1 month ago)

it would be much worse, because in addition to possession and delivery, he could be charged with manufacture and conspiracy to manufacture.


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Offlinefireworks_godS
Sexy.Butt.McDanger
Male

Registered: 03/12/02
Posts: 24,855
Loc: Pandurn
Last seen: 1 year, 2 months
Re: Legal issues behind live mycellium? [Re: Nickster_154371]
    #6555976 - 02/11/07 09:24 PM (17 years, 1 month ago)

If the guy were to somehow die as a result he would definitely quality for a Darwin Award. :wtf:


--------------------
:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:

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OfflineSneezingPenis
ACHOOOOOOOOO!!!!!111!
 User Gallery
Registered: 01/15/05
Posts: 15,427
Last seen: 6 years, 10 months
Re: Legal issues behind live mycellium? [Re: fireworks_god]
    #6558193 - 02/12/07 01:16 PM (17 years, 1 month ago)

A while back I did some study on laws and legal precedents. Erowid has the best links....

http://www.erowid.org/plants/mushrooms/mushrooms_law6.shtml

long and dry.....

but basically it is about two cases, one in Iowa and one in Arizona. I cant remember which one lost and which one won, but in one case a person had a bag of mushrooms which were out of the substrate (lost).

The other case was one where all the mushrooms were still in the substrate (won - i believe).
Because it was argued down to such semantics of the word "material" and "container" that the mushroom was deemed like paraphrenalia, like the bag you had your weed in would be paraphrenalia.... only if it was no longer in the substrate, or ground.

Otherwise, wouldn't it be illegal for anyone with manure on their farm, or rotting logs on their land?

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Offlinewilshire
free radical
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Registered: 05/11/05
Posts: 2,421
Loc: SE PA
Last seen: 14 years, 2 months
Re: Legal issues behind live mycellium? [Re: SneezingPenis]
    #6558574 - 02/12/07 02:44 PM (17 years, 1 month ago)

what?


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