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Offlinedwizz
Stranger
Registered: 06/01/09
Posts: 3
Last seen: 14 years, 11 months
I Need Help, Is This Possible!?!?!
    #10435545 - 06/01/09 01:57 PM (14 years, 11 months ago)

In Aug 2002 my party got busted, and they found syringes with mushroom spores in them. When we purchased them on the net they were sold to us as hobby syringes(by the way these were not needles intended for your arm but they had a metal spike so were viewed that way). They also found a bong but after 6 months of waiting to get charged, I received a statement in the mail saying there was "insufficient evidence" and that it was dropped. My buddies name was on the box of syringes so he was charged too. I jus claimed them so noone would get in trouble, i was trying to shoulder the blame at the time cause it was my party). Now a few weeks ago my friend went to the police station to get his records for a program in college and they said there were charges that got mixed up back then and that they needed us to go to court for it. I currently go to school for medicine and a charge like this would ruin more than 2 years of schooling if i end up receiving something about this. The charge is for having syringes without a prescription. Is this possible and what could I do, this was nearly 7 years ago!? I know I'll probably need a lawyer but being a student, extra money is hard to come by. Need Help!!

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Offlinesunshine
Sin18DwireWuTang


Registered: 04/03/04
Posts: 43,592
Loc: higher plane of sex
Last seen: 5 years, 3 months
Re: I Need Help, Is This Possible!?!?! [Re: dwizz]
    #10435557 - 06/01/09 01:59 PM (14 years, 11 months ago)

I could solve all your problems, but I have a general fear of problem solving.


--------------------
One Love True Indeed.  Have Good Trips.  Mike/sunshine's mom.

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OfflineRoosterCogburn
Fearless,one-eyed U.S.Marshall
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Registered: 08/25/06
Posts: 8,508
Loc: Dirty South, NJ
Last seen: 12 years, 8 months
Re: I Need Help, Is This Possible!?!?! [Re: dwizz]
    #10435558 - 06/01/09 02:00 PM (14 years, 11 months ago)

Quote:

dwizz said:

syringes without a prescription.






Is that illegal? I just bought a bunch withOUT a script. :shrug:

Edited by RoosterCogburn (06/01/09 02:00 PM)

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OfflineGetTheFuckOut
Long Gone.
 User Gallery

Registered: 10/11/01
Posts: 60,898
Loc: Flag
Last seen: 13 years, 6 months
Re: I Need Help, Is This Possible!?!?! [Re: dwizz]
    #10435561 - 06/01/09 02:00 PM (14 years, 11 months ago)

you'd do better with this in the security forum


--------------------
<
I have logged in this once so that I can set the "last seen" feature up.  let the faggots flow forth into OTD and have it.  Its funny how they all grew nuts after I left.  I'm not here, I'm not reading, but I urge you all to keep melting down over me.  I know, I hurt alot of people, and they deserved it.  epic win for me, epic fail for you. 

ythan, you rock dude.  i feel that my time at the shroomery was very positive and enjoyable, but this site is no longer for me. im not mad or upset or disappointed, i just want no part in a pg rated faggot festival.
<

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Offlinesunshine
Sin18DwireWuTang


Registered: 04/03/04
Posts: 43,592
Loc: higher plane of sex
Last seen: 5 years, 3 months
Re: I Need Help, Is This Possible!?!?! [Re: GetTheFuckOut]
    #10435609 - 06/01/09 02:10 PM (14 years, 11 months ago)

Sounds like you should drop out of medical school and be a career criminal.


--------------------
One Love True Indeed.  Have Good Trips.  Mike/sunshine's mom.

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OfflineHagbardCeline
Student-Teacher-Student-Teacher
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Registered: 05/10/03
Posts: 10,028
Loc: Overjoyed, at the bottom ...
Last seen: 20 days, 10 hours
Re: I Need Help, Is This Possible!?!?! [Re: RoosterCogburn]
    #10435799 - 06/01/09 02:47 PM (14 years, 11 months ago)

It isn't illegal in the US.


--------------------
I keep it real because I think it is important that a highly esteemed individual such as myself keep it real lest they experience the dreaded spontaneous non-existance of no longer keeping it real. - Hagbard Celine

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OfflineWorf
Lt. Commander

Registered: 07/04/04
Posts: 15,663
Loc: Final Frontier
Last seen: 11 years, 3 months
Re: I Need Help, Is This Possible!?!?! [Re: dwizz]
    #10435834 - 06/01/09 02:56 PM (14 years, 11 months ago)

yer fucked dude. having spores is worse than having heroin. its a cat 2 narcotic, not only that but spores are more potent.


--------------------
Kira: What do Klingons dream about?

Worf: Things that would send cold chills down your spine, and wake you up in the middle of the night. No, it is better you do not know

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OfflineWorf
Lt. Commander

Registered: 07/04/04
Posts: 15,663
Loc: Final Frontier
Last seen: 11 years, 3 months
Re: I Need Help, Is This Possible!?!?! [Re: dwizz]
    #10435836 - 06/01/09 02:57 PM (14 years, 11 months ago)

yer best bet is to call their bluff. they have to prove there are spores in there and the only way to do that is to either A) grow the mushrooms or B) use and electron microscope.  Chances are they don't have an electron microscrope unless they have a large CSI type lab, but its your call.


--------------------
Kira: What do Klingons dream about?

Worf: Things that would send cold chills down your spine, and wake you up in the middle of the night. No, it is better you do not know

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InvisibleKrishna
कृष्ण,LOL
 User Gallery


Registered: 05/08/03
Posts: 23,285
Loc: oakland
Re: I Need Help, Is This Possible!?!?! [Re: Worf]
    #10435867 - 06/01/09 03:04 PM (14 years, 11 months ago)

i don't think he is being busted for the spores, but instead for possession of a syringe without a prescription.

no idea what state you are in OP, but mushroom spore syringes are pretty obviously not syringes you use for IV'ing stuff, so with a somewhat competent lawyer you should be able to get the charges dropped.


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



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OfflineWorf
Lt. Commander

Registered: 07/04/04
Posts: 15,663
Loc: Final Frontier
Last seen: 11 years, 3 months
Re: I Need Help, Is This Possible!?!?! [Re: Krishna]
    #10435888 - 06/01/09 03:07 PM (14 years, 11 months ago)

Quote:

Krishna said:
i don't think he is being busted for the spores, but instead for possession of a syringe without a prescription.

no idea what state you are in OP, but mushroom spore syringes are pretty obviously not syringes you use for IV'ing stuff, so with a somewhat competent lawyer you should be able to get the charges dropped.




you do realize that he is a puppet right?


--------------------
Kira: What do Klingons dream about?

Worf: Things that would send cold chills down your spine, and wake you up in the middle of the night. No, it is better you do not know

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InvisiblePrisoner#1
Even Dumber ThanAdvertized!
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Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
Re: I Need Help, Is This Possible!?!?! [Re: Worf]
    #10435921 - 06/01/09 03:13 PM (14 years, 11 months ago)

Quote:

outputrotation said:
yer best bet is to call their bluff. they have to prove there are spores in there and the only way to do that is to either A) grow the mushrooms or B) use and electron microscope.  Chances are they don't have an electron microscrope unless they have a large CSI type lab, but its your call.





7 years ago... think they still have the evidence?

they can try and get him for paraphernalia but everything listed
would be misdemeanor shit, a judge would laugh at a prosecutor
on that one

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InvisiblePrisoner#1
Even Dumber ThanAdvertized!
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Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
Re: I Need Help, Is This Possible!?!?! [Re: Worf]
    #10435941 - 06/01/09 03:16 PM (14 years, 11 months ago)

Quote:

outputrotation said:
you do realize that he is a puppet right?




we're all puppets, drop the charade

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OfflineDr. uarewotueat
Peyote Farmer
Male User Gallery

Registered: 09/02/06
Posts: 16,545
Loc: Uk / Philippines
Last seen: 10 years, 9 months
Re: I Need Help, Is This Possible!?!?! (moved) [Re: dwizz]
    #10435954 - 06/01/09 03:19 PM (14 years, 11 months ago)

This thread was moved from Off-Topic Discussion.

Reason:
-

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InvisibleKrishna
कृष्ण,LOL
 User Gallery


Registered: 05/08/03
Posts: 23,285
Loc: oakland
Re: I Need Help, Is This Possible!?!?! [Re: Worf]
    #10435959 - 06/01/09 03:20 PM (14 years, 11 months ago)

Quote:

outputrotation said:
Quote:

Krishna said:
i don't think he is being busted for the spores, but instead for possession of a syringe without a prescription.

no idea what state you are in OP, but mushroom spore syringes are pretty obviously not syringes you use for IV'ing stuff, so with a somewhat competent lawyer you should be able to get the charges dropped.




you do realize that he is a puppet right?




i actually think it was just somebody unfortunate enough to think OTD was a good place to ask a serious question.


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



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Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: I Need Help, Is This Possible!?!?! [Re: dwizz]
    #10444399 - 06/02/09 09:24 PM (14 years, 11 months ago)

Quote:

dwizz said:
In Aug 2002 my party got busted, and they found syringes with mushroom spores in them. When we purchased them on the net they were sold to us as hobby syringes(by the way these were not needles intended for your arm but they had a metal spike so were viewed that way). They also found a bong but after 6 months of waiting to get charged, I received a statement in the mail saying there was "insufficient evidence" and that it was dropped. My buddies name was on the box of syringes so he was charged too. I jus claimed them so noone would get in trouble, i was trying to shoulder the blame at the time cause it was my party). Now a few weeks ago my friend went to the police station to get his records for a program in college and they said there were charges that got mixed up back then and that they needed us to go to court for it. I currently go to school for medicine and a charge like this would ruin more than 2 years of schooling if i end up receiving something about this. The charge is for having syringes without a prescription. Is this possible and what could I do, this was nearly 7 years ago!? I know I'll probably need a lawyer but being a student, extra money is hard to come by. Need Help!!





You need to tell us:


what specifically where you charged with, if anything (specific law, code number if applicable)

what specifically have you said to the police or authorities?

what stage of the legal proceedings are you in, what has happened?

what legislative jurisdiction does this concern, i.e. what entities laws are you accused of violating?

what actual information have you or your buddy recieved and what did it say?  what did his record check say exactly?

what exactly did you possess? 


Please clearly answer these questions with objective facts first and then any subjective opinions, i.e. avoid conclusory statements without telling us the objective facts.



Finally, do not admit to anything.  If your buddy is charged that's his problem.  The authorities are fucked up and its not your problem if they charge yoru friend.  Talking will likely only make it easier to convict both of you.  It would be best if yoru buddy similarly stfu, though if you tell hiim to and they find out it could mean more charges.


Learn from other peoople's mistakes man.  If they have evidence to charge you both before hand, someone else claiming he possesed them is not going to negate that evidence- you'll likely both be charged as codefendants and the admission of one will make it easier to convict the other.



Shut up- period

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Invisiblefastfred
Old Hand
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Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
Re: I Need Help, Is This Possible!?!?! [Re: johnm214]
    #10446893 - 06/03/09 11:14 AM (14 years, 11 months ago)

If it's 7 years ago I'd just tell them to fuck off.  It's pretty hard to imagine that the statute of limitations hasn't expired, or that they still have the evidence in possession, or that you would reasonably be expected to remember anything about it.

If they don't go for your first blow-off tell them to subpoena you or get a warrant. 

This really isn't worth worrying about, but you should look up the law.  Most states don't have an anti-syringe law unless it's used as drug paraphernalia.  In fact a lot of states give out syringes through needle-exchange programs.  In my state it's actually illegal for the pharmacist to ask you what you're using needles for.  Sometimes they will ask if you have a script, but that's just to find out what size needle you are supposed to get.


-FF

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Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: I Need Help, Is This Possible!?!?! [Re: fastfred]
    #10451304 - 06/04/09 12:07 AM (14 years, 11 months ago)

Exactly.  I'm guessing its a drug paraphanalia charge and he should be cool unless he talks.  They'd have to prove shit I doubt they can prove (unless someone talks)

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InvisibleStonehenge
Alt Center
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Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: I Need Help, Is This Possible!?!?! [Re: johnm214]
    #10453403 - 06/04/09 12:11 PM (14 years, 11 months ago)

If it's a misdemeanor, a good lawyer can probably get the op into a pretrial intervention program in which if he completes the terms he will have no record.

That is if there are actually any charges at all which based on that post, I doubt. Cops say all sorts of things and they are usually ignorant of the law. Some cop saw something from back then and wanted to put a scare into the person. I agree with ff in this instance that the statute of limitations has almost certainly passed. Unless you get something from the state attorneys office, don't worry about it.

Talk to a local lawyer in your area if you want a more definitive answer.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

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Invisiblegubi
Shroomaholic


Registered: 05/06/08
Posts: 191
Loc: Middle Earth
Re: I Need Help, Is This Possible!?!?! [Re: Stonehenge]
    #10485250 - 06/10/09 09:40 PM (14 years, 11 months ago)

Federal Law

Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This makes them illegal to buy, sell, or possess without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin making them illegal to possess. Because spores contain no psilocybin or psilocin, they are legal to sell and possess in all states except California, Georgia and Idaho. Federal law prohibits cultivating mushroom spores into magic mushrooms in all states.

State Law

Psilocybin Mushroom spores are legal to sell and possess in every state except California, Georgia, and Idaho. Possession of fully grown magic mushrooms is illegal in every state in the United States except Florida. Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked magic mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.

You're ok, as long as you don't live in one of the above mentioned states. :thumbup:


--------------------
I haven't failed. I've just found 10,000 ways that won't work.    ~ Thomas Edison

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Invisibleaxl
Stranger
Registered: 12/02/08
Posts: 94
Re: I Need Help, Is This Possible!?!?! [Re: gubi]
    #10487147 - 06/11/09 09:15 AM (14 years, 11 months ago)

Quote:

gubi said:
Possession of fully grown magic mushrooms is illegal in every state in the United States except Florida. Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked magic mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.

You're ok, as long as you don't live in one of the above mentioned states. :thumbup:




Sorry to get off topic-

I think you alluded to it at the end.  I just want to clarify that the facts of the Fiske decision were more specifically tailored to someone who is picking magic mushrooms and possibly other wild mushrooms - on the basis that he was randomly picking wild mushrooms and did not realize he had some magic ones.

It is true that the reasoning of the court was much more expansive than the facts required it to be.

I am sincerely interested if you know of other examples and situations where the Fiske defense has been used in Florida.

Thanks.

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