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Anonymous #1
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Gave stranger spores
#12178452 - 03/10/10 03:55 PM (14 years, 2 months ago) |
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I gave an aquantance some spores. I told him I only grow edible mushrooms for meals, etc. Which is the truth and that I just got these spores from a friend and really had no need for them. I labeled them as for microcopy only, but the other day he asked me about growing. I told him to do some research, and gave some pretty universal hints such as "be sterile" etc.
He's been asking me weirder questions lately and brings up criminal activity a lot. He's an older guy and I really have started to think perhaps he's an undercover(he's real well built) and he's lies about things(easy to catch him doing it).
How illegal is it to give someone psilocyban genra spores and then give them indirect information on how to grow them? I didn't really wanna give him spores but I also didn't feel like having them at the house and he's smoked me out a couple of times so I assumed he was cool. Now I feel pretty paranoid, worst comes to worst am I at risk?
I have no grows going on and only a miniscule amount of cannabis in the "stash" which he actually gave to me in return for helping him with some homework.
Thanks guys and please be honest and kind, cuz I really am worried.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Quote:
How illegal is it to give someone psilocyban genra spores and then give them indirect information on how to grow them?
It's "conspiracy to manufacture a controlled substance" and it is usually a felony.
If he grows a bunch of mushrooms and sells them, then gets busted (or it was a setup) you could be facing the same charges as him.
The three elements of a conspiracy are:
(1) that two ore more persons conspired, or agreed, to commit the crimes described in the indictment;
(2) that the defendants knowingly and voluntarily joined the conspiracy; and
(3) that a member of the conspiracy did one of overt acts for the purpose of advancing or helping the conspiracy.
Don't let the language fool you, these elements are usually very easy to prove.
1. If he's asking you about growing them you know a crime is being committed.
2. Unless he had you at gunpoint this point is a given.
3. Giving him the spores was your one "act in furtherance of the conspiracy".
So it's pretty likely you are already guilty of conspiracy to manufacture a controlled substance. Sometimes even just giving advice has been considered the act in furtherance.
See... http://www.shroomery.org/forums/showflat.php/Number/11670659
This is a case where a spore vendor was charged with conspiracy for providing a grow kit and spores to the same person. From their communications it was also clear that the vendor knew what the person was doing with the spores.
You're pretty much in the same boat, so my advice is to get out now. If you don't know this guy is solid (and even if he is) you don't want to be mixed up in it when he gets busted. The first thing they'll do is threaten you with conspiracy and make you testify against the dude. Even if you do that they might well force you to plead guilty to a lesser charge.
-FF
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Anonymous #1
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Re: Gave stranger spores [Re: fastfred]
#12178816 - 03/10/10 05:09 PM (14 years, 2 months ago) |
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Thanks for the information.
I really have a big hunch this guy isn't cool. I think he's a straight up cop. Is there anything I could do to like step down from what I did? I have a pocket tape recorder would it be possible to like reverse snitch to help keep my innoscense just in case.
Like I could start up a conversation and be like "You know those spores I gave you really were for microscopy only. You really seriously shouldn't grow those." Like is it possible I could get him to sign something for me or something...<head spins>
Or would that do me nothing. I feel kind of like I'm already fucked and I didn't even realize what I did was illegal. Isn't that entrapment, like getting someone to get something for you, that they otherwise wouldn't, and the terms that make that item illegal are what he is supposedly doing with it?
Any possible further advice aside from "don't affiliate"?
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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> Isn't that entrapment,
Entrapment is when the cops entice an otherwise law abiding citizen into doing something they wouldn't have done. Entrapment defenses also rarely work even when it's a cut and dried "definition of entrapment" type case.
I'd just cut your ties with the guy, or at least quit giving him advice. If he's a NARC then they've already got you on tape. But I just don't really see this as something LEOs would do. It's pretty small fries with no further payoff. They also don't usually become half the conspiracy just to pin some bullshit on someone.
I think you're probably just paranoid. If it is the cops they probably have a bigger plan, and if you don't play into it they probably aren't going to charge you with anything. It would be a lot of work just to bust your ass.
If they are going to do something the guy will probably come over with shrooms for "helping him" and maybe ask you to help sell them. Then they'd have you on possession and distribution.
-FF
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smaerd


Registered: 03/11/08
Posts: 2,058
Last seen: 12 years, 10 months
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Re: Gave stranger spores [Re: fastfred]
#12178914 - 03/10/10 05:30 PM (14 years, 2 months ago) |
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Solid advice FF
Edited by smaerd (03/10/10 05:41 PM)
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Remind him that the spores are for microscopy only. Remind him that growing mushrooms from those spores is most likely illegal. Tell him that you want nothing to do with anything potentially illegal. Tell him that you will only help him grow legal, edible, mushrooms.
Make it very clear that you are not going to do anything illegal, and that you are not going to do anything to help him that might be illegal. It would also be good if you have trustworthy witnesses to this conversation.
-------------------- Just another spore in the wind.
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S33D
this side up

Registered: 11/13/05
Posts: 511
Loc: skylabONE
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Re: Gave stranger spores [Re: Seuss]
#12189131 - 03/12/10 10:14 AM (14 years, 2 months ago) |
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Wouldn't recording the undercover smoking and/or supplying the OP with cannabis give him some leverage? Or can undercovers basically do what ever the f**k they want during an operation?
Edited by S33D (03/12/10 10:21 AM)
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NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
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Re: Gave stranger spores [Re: S33D]
#12195830 - 03/13/10 03:34 PM (14 years, 2 months ago) |
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They can break the law, for the most part.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
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magicbastard


Registered: 03/18/05
Posts: 791
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Also check out your state's laws about recording people without them knowing, ie. in public its illegal but in your home its legal? otherwise you'll be digging your hole even deeper with an extra felony
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