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Offlinedesant
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Can you get arrested for substrate growth with no shrooms???
    #10809754 - 08/06/09 04:18 AM (14 years, 9 months ago)

Reason says thats not possble but i read some stuff where some dude said he was charged for 4 jars of colonised substrate, is that true is it possible???


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InvisibleMushroomMonk
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: desant]
    #10810620 - 08/06/09 10:45 AM (14 years, 9 months ago)

Illegal because they already contain the active components in the mycelium.

peace:rolleyes:


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Invisiblefastfred
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MushroomMonk]
    #10811099 - 08/06/09 12:29 PM (14 years, 9 months ago)

It depends on the stage of growth they are in.  There's usually not detectable actives before the hyphal knot stage.

However, they will let those jars sit in evidence until they fruit and then test them.

And regardless of the results they still have you for conspiracy to grow or attempted manufacturing, which carries the same penalties as if you actually succeeded.

So you could probably get away with having syringes with myc in them, but once it's put to substrate that is clearly attempted manufacturing.


-FF

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Invisiblejohnm214
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: fastfred]
    #10813335 - 08/06/09 06:42 PM (14 years, 9 months ago)

Yep, what fast fred said.


Don't think you have to grow to be convicted for growing or attempting to grow.


If it has psilocybin in it then its illegal, but your attempt or intent may be sufficient for conviction without any tangible evidence at all.  (which is just one of the many reasons to never talk to the police)

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OfflineMKUltraKush
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: johnm214]
    #10819655 - 08/07/09 07:25 PM (14 years, 9 months ago)

If you're place get's raided, they're gonna wonder what those funky brown jars are...

Count on getting in some shit if they're found, brother.

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Offlinedesant
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MKUltraKush]
    #10844270 - 08/12/09 07:03 AM (14 years, 9 months ago)

Hey what about blasted syringes with sppores in em? and i have a lot of grain and p cooker in my flat, am i gonna be OK as lobg as i dont germinate spores???


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OfflineAlan RockefellerM
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: desant]
    #10847187 - 08/12/09 04:14 PM (14 years, 9 months ago)

They could charge you with attempted manufacture of a controlled substance if they find spores for a psilocybin species and growing equipment.

If the spores are not labeled and you don't speak with the police, you will probably be in the clear.

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Offlineillusionn
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: Alan Rockefeller]
    #10847817 - 08/12/09 05:49 PM (14 years, 9 months ago)

my buddy got caught with some fully colonized jars and he told me that his lawyer thinks they can beat it but we will see.

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OfflineAlan RockefellerM
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: illusionn]
    #10848708 - 08/12/09 07:55 PM (14 years, 9 months ago)

Quote:

caught with some fully colonized jars and he told me that his lawyer thinks they can beat it




Unlikely.

Depends entirely on the statements he made to the police, and on the results of the gc/ms test on the contents of the jars.

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OfflineMDAViiS
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: Alan Rockefeller]
    #10851588 - 08/13/09 09:27 AM (14 years, 9 months ago)

What if you purchase a Kit online, and the DEA or police find the kit..
Is this stil considered attempted manufacturing ?

Also, what if I were to purchase a kit of some sort, and send it to a
friends house ( not through mail, but actually going there so there is no connection ), and the police discover I purchased the kit, will I get in trouble for that? Thanks [=

I've never grown Shrooms, and I am not sure about the consequences and the regards of the Law. ( Texas, USA ); Thanks in advance.

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Offlineillusionn
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MDAViiS]
    #10852110 - 08/13/09 11:40 AM (14 years, 9 months ago)

I don't think he will win it either. He is pretty sure of himself but from some of the things I have read on here I don't think he has a chance. I told him that if there isn't any actives in the mycellium at present what's stopping them from just holding onto the jars and waiting for mushrooms? And even if they tested them at the start and even IF there wasn't anything....that's still attempting to grow a controlled substance :shrug:

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InvisibleDephect
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MDAViiS]
    #10852319 - 08/13/09 12:20 PM (14 years, 9 months ago)

Quote:

MDAViiS said:
What if you purchase a Kit online, and the DEA or police find the kit..
Is this stil considered attempted manufacturing ?

Also, what if I were to purchase a kit of some sort, and send it to a
friends house ( not through mail, but actually going there so there is no connection ), and the police discover I purchased the kit, will I get in trouble for that? Thanks [=

I've never grown Shrooms, and I am not sure about the consequences and the regards of the Law. ( Texas, USA ); Thanks in advance.




You would probably get the death penalty.. :laugh:

Texas Controlled Substances Act

The penalties wouldnt load however.

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OfflineAlan RockefellerM
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MDAViiS]
    #10852487 - 08/13/09 12:48 PM (14 years, 9 months ago)

Quote:

What if you purchase a Kit online, and the DEA or police find the kit..
Is this stil considered attempted manufacturing ?




Yes.

Quote:

Also, what if I were to purchase a kit of some sort, and send it to a
friends house ( not through mail, but actually going there so there is no connection ), and the police discover I purchased the kit, will I get in trouble for that?




Probably not, unless you make statements to the police.  If you say something like "I ordered it because I wanted to grow mushrooms but then I decided it was a bad idea before I did anything illegal", you will be convicted.

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OfflineMDAViiS
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: Alan Rockefeller]
    #10852533 - 08/13/09 12:54 PM (14 years, 9 months ago)

That sucks... Ok... What if I purchase the kit, and it is never found!? Do I still get in trouble O.o and if I order it off of ebay, do you think
that they will come and raid my home?? O.o

Because I planned on buying it, and then getting rid of it ( sending to friends home );

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OfflineMDAViiS
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: illusionn]
    #10852592 - 08/13/09 01:03 PM (14 years, 9 months ago)

Quote:


even IF there wasn't anything....that's still attempting to grow a controlled substance :shrug:





I don't too much agree with this one.
He could be growing anything in those jars... Hell
He can easily say he was growing perfetly legal mushrooms
(assuming they have no proof of Shrooms existing); I may
be wrong. Please forgive me if I am.

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OfflineAlan RockefellerM
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MDAViiS]
    #10854102 - 08/13/09 04:36 PM (14 years, 9 months ago)

Quote:

What if I purchase the kit, and it is never found!? Do I still get in trouble O.o and if I order it off of ebay, do you think that they will come and raid my home?? O.o




If its a kit that doesn't contain Psilocybe cubensis spores it is perfectly legal, until you decide to use it to grow illegal mushrooms and act on that decision. 

I doubt that there is anything on ebay that you can buy and they will raid you for it.

Maybe a certain combination of things would have that effect but probably not.

Quote:

I don't too much agree with this one.
He could be growing anything in those jars... Hell
He can easily say he was growing perfetly legal mushrooms
(assuming they have no proof of Shrooms existing); I may
be wrong. Please forgive me if I am.




It is legal to grow legal shrooms.  It is illegal to attempt to grow illegal shrooms.  An otherwise legal mushroom growing operation will become illegal if you make certain statements to the police.  If you have Psilocybe cubensis spore syringes, always remove the labels.

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Invisiblejohnm214
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: MDAViiS]
    #10854984 - 08/13/09 06:47 PM (14 years, 9 months ago)

Quote:

MDAViiS said:
Quote:


even IF there wasn't anything....that's still attempting to grow a controlled substance :shrug:





I don't too much agree with this one.
He could be growing anything in those jars... Hell
He can easily say he was growing perfetly legal mushrooms
(assuming they have no proof of Shrooms existing); I may
be wrong. Please forgive me if I am.






Ok, so he could be doing all those things.  So what?



Did you miss the post above where I said you don't need to grow anything to be convicted of manufacture/attempted manufacture? 


The offense is a state of mind, what you could be doing, could have in the jars, or whether they can prove shrooms exist is not pertinent.  When you have the state of mind of deciding to produce psilocybin, you are violating the law, regardless of what you could be doing or what you could say to the police (don't talk to the police, don't make excuses).


Anyways, w/ regards to the questions that keep getting asked...


It is illegal to attempt, plan with other people, or actually complete a manufacture of a controlled substance.


You guys keep asking "is this illegal" or "what about this", but your kinda missing the point, maybe.  This isn't like a possesion case where the items define the charge.  The offense is a state of mind or the physical manufacture of something.  For the attempt/conspiracy/whatever, if you have the state of mind, you are guilty (forget if you need an overt act) , and the stuff you refer to is just evidence of that.


Consequently, you need nothing but your mouth to support a conviction, and this is why allan is smart to tell you to shut up, and clarify that your chances of getting off go out the window if you choose to talk to the police and reason with them/defend yourself.

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OfflineAircooled
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: illusionn]
    #10863355 - 08/15/09 02:07 AM (14 years, 9 months ago)

Quote:

illusionn said:
I told him that if there isn't any actives in the mycellium at present what's stopping them from just holding onto the jars and waiting for mushrooms?:shrug:




I was up late as fuck the other night reading through old DEA Microgram Bulletins and there was an entry there regarding this. It was a brf seizure that they kept in the Central lab and grew out.


--------------------
"Jack thought it twice and thought that that had made it true. Some brains just work that way, that's what chemicals can do."


BTS

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Offlinemama
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: Alan Rockefeller]
    #10872354 - 08/16/09 07:49 PM (14 years, 9 months ago)

Quote:

Alan Rockefeller said:
They could charge you with attempted manufacture of a controlled substance if they find spores for a psilocybin species and growing equipment.

If the spores are not labeled and you don't speak with the police, you will probably be in the clear.



as in dont mention anything about the mushrooms and dont envite them in the home, and if someone asks about the tube say i had friends over and then i found it there, i have no idea what it was so i left it there.  thats all u have to say if it comes to that right?  as in dont tell them anything as you said "dont speak with the police"
if u can elaborate not speaking to police, please do so cause people have to talk to police if police come by,
when u say dont talk to police, u mean, keep it simple: am i arrest if not im closing the door and going back to bed. dont envite them nor giv ethem reason to come in.  if they come in anways act clueless about the container.
right?

that simple?

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Offlineillusionn
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Re: Can you get arrested for substrate growth with no shrooms??? [Re: mama]
    #10876144 - 08/17/09 02:12 PM (14 years, 8 months ago)

Quote:

johnm214 said:
Quote:

MDAViiS said:
Quote:


even IF there wasn't anything....that's still attempting to grow a controlled substance :shrug:





I don't too much agree with this one.
He could be growing anything in those jars... Hell
He can easily say he was growing perfetly legal mushrooms
(assuming they have no proof of Shrooms existing); I may
be wrong. Please forgive me if I am.






Ok, so he could be doing all those things.  So what?



Did you miss the post above where I said you don't need to grow anything to be convicted of manufacture/attempted manufacture? 


The offense is a state of mind, what you could be doing, could have in the jars, or whether they can prove shrooms exist is not pertinent.  When you have the state of mind of deciding to produce psilocybin, you are violating the law, regardless of what you could be doing or what you could say to the police (don't talk to the police, don't make excuses).


Anyways, w/ regards to the questions that keep getting asked...


It is illegal to attempt, plan with other people, or actually complete a manufacture of a controlled substance.


You guys keep asking "is this illegal" or "what about this", but your kinda missing the point, maybe.  This isn't like a possesion case where the items define the charge.  The offense is a state of mind or the physical manufacture of something.  For the attempt/conspiracy/whatever, if you have the state of mind, you are guilty (forget if you need an overt act) , and the stuff you refer to is just evidence of that.


Consequently, you need nothing but your mouth to support a conviction, and this is why allan is smart to tell you to shut up, and clarify that your chances of getting off go out the window if you choose to talk to the police and reason with them/defend yourself.




This is what I was thinking and is where i trying to get to in my post. Anyway, I talked to my buddy again last night and he really does think he's getting out of the mushrooms because his lawyer says there were no actives present when they found the (fully) colonized jars. :shrug:  Hopefully he gets out of those charges but he done fucked up as he was selling weed to everyone and their mother in town and the cops were on his back for awhile. Don't ever let your house turn into a stop-and-go while you are growing mushrooms. :thumbdown: He's about to find out what he's getting charged with in a few days so I'll let you guys know what happens.

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