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OfflineAircooled
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Registered: 07/17/08
Posts: 1,279
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Cultivation vs. Manufacturing
    #10718481 - 07/21/09 11:56 PM (14 years, 9 months ago)

According to my state statutes, growing mushrooms (sched 1) is a felony (10yrs $10,000), whereas growing pot, poppies, or peyote (also sched 1) is a misdemeanor (6mos 10,000).

I was delving into the statues and it just seems a little odd that two psychedelic substances could carry such drastic differences in law. In fact, there was no provision for lumping Mushroom Cultivation in with felony manufacturing laws other than the appearance of the single word "propagate" in the language defining "manufacture"

(xiii) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly by
extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of
extractions and chemical synthesis, and includes any packaging
or repackaging of the substance or labeling or relabeling of its
container. The term does not include the preparation,
compounding, packaging or labeling of a controlled substance

35-7-1031. Unlawful manufacture or delivery; counterfeit
substance; unlawful possession.

(a) Except as authorized by this act, it is unlawful for
any person to manufacture, deliver, or possess with intent to
manufacture or deliver, a controlled substance. Any person who
violates this subsection with respect to:

(i) Methamphetamine or a controlled substance classified
in Schedule I or II which is a narcotic drug, is guilty of a
crime and upon conviction may be imprisoned for not more than
twenty (20) years, or fined not more than twenty-five thousand
dollars ($25,000.00), or both;

(ii) Any other controlled substance classified in
Schedule I, II or III, is guilty of a crime and upon conviction
may be imprisoned for not more than ten (10) years, fined not
more than ten thousand dollars ($10,000.00), or both;

35-7-1040. Planting, cultivating or processing marihuana,
peyote or opium poppy.

Any person who knowingly or intentionally plants, cultivates,
harvests, dries, or processes any marihuana, peyote, or opium
poppy except as otherwise provided by law shall be guilty of a
misdemeanor and shall be punished by imprisonment not to exceed
six (6) months in the county jail or by a fine not to exceed one
thousand dollars ($1,000.00), or both.


WTF?

The language in 35-7-1040 clearly identifies a misdemeanor as a potential felony.


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