|
sooneroblivion
Noob

Registered: 12/17/09
Posts: 34
Loc: Earth(Currently)
Last seen: 12 years, 2 months
|
Re: need some legal advice [Re: jingus]
#12620814 - 05/24/10 03:28 PM (13 years, 11 months ago) |
|
|
Quote:
jingus said:
however, i fear that it's not that simple; it's probably a non-recorded police officer's statement vs yours...
good luck
exactly, police officers statement vs yours would be his word vs yours , except that he is trying to say you ADMITTED guilt..Without a signed statement..which would actually hold water. they know they aint got shit for manufacture seing as they didnt find you in the process of manufacture. so they gonna try and get conspiracy. Get a big city lawyer definitely though. don't fuck around with public defendants. (assuming you live in a state where you can have fully colonized mycellia and still be legal they have to get you with conspiracy )
you must assume it wasnt an annon tip because no judge in the world can sign a warrant on an annon tip. even if the chick was being malicious and made it all up the police would have still been acting in good faith.
-------------------- Everything I say is Immagineered in a Disney lab somewhere in the remote jungles of the Congo. Details on which spores are better for microscopic use is mostly just opinion. And besides, not really an appropriate question for the Sponsers Forum, So whichever one sounds cool to you. I wish you luck in your first attempt to observe spores under a microscope. mr.bixby said: Agreed. Money buys justice period. Learn it the hard way like most poor people or the easy way.
|
jingus

Registered: 05/04/09
Posts: 1,669
Loc: Oregon, U.S.
Last seen: 11 years, 3 months
|
|
(assuming you live in a state where you can have fully colonized mycellia and still be legal they have to get you with conspiracy
sorry, but there's not a single state in the US where mycelium is legal
--------------------
|
ScavengerType


Registered: 01/24/08
Posts: 5,784
Loc: The North
Last seen: 10 years, 6 months
|
Re: need some legal advice [Re: jingus]
#12621511 - 05/24/10 05:34 PM (13 years, 11 months ago) |
|
|
may be a bad idea to mention your state on here, this is a somewhat public place.
Just remember what was said above about legal substances that can be cultivated in monos. I mean if you had shotguns, no problem they are good for oysters or near anything so long as the temps are good. That and keep with what your lawyer says to say.
Also, it is rare to have spores of gourmet strains FYI, usually it's a live culture LC or petri dish culture. However you can inoculate things like soaked wood chips/dowels or sometimes cardboard with something as simple as the buts of the stems from a growing plant or in the case of oysters just any of the tissue. So you would not need to have a culture on stock in order to say you cultivate these species.
For others though, do not use the above method on grains because they will contaminate and gnomes will kick you in the balls for being stupid and for more information on the process consult Paul Stamet's Mycelium Running.
-------------------- "Have you ever seen what happens when a grenade goes off in a school? Do you really know what you’re doing when you order shock and awe? Are you prepared to kneel beside a dying soldier and tell him why he went to Iraq, or why he went to any war?" "The things that are done in the name of the shareholder are, to me, as terrifying as the things that are done—dare I say it—in the name of God. Montesquieu said, "There have never been so many civil wars as in the Kingdom of God." And I begin to feel that’s true. The shareholder is the excuse for everything." - Author and former M6/M5 agent John le Carré on Democracy Now. Conquer's Club
|
RogerRabbit
Bans for Pleasure


Registered: 03/26/03
Posts: 42,214
Loc: Seattle
Last seen: 1 year, 2 months
|
Re: need some legal advice (moved) [Re: alex37211]
#12623218 - 05/24/10 10:29 PM (13 years, 11 months ago) |
|
|
This thread was moved from Mushroom Cultivation.
Reason: I've been through this before. They charge you with far more than they have the ability to make stick, in hopes you'll get scared and confess to something less. Keep your mouth shut and do what your lawyer suggests, unless it's to cop a plea. Spores are legal and so is every thing else you had. No grow, no conspiracy. Remember, they have to have proof under the law, and since they found nothing, they have nothing.
I'll move this to security and safety. RR
|
2859558484
Growery is Better



Registered: 01/10/06
Posts: 8,752
Last seen: 3 years, 8 months
|
Re: need some legal advice (moved) [Re: RogerRabbit]
#12627523 - 05/25/10 05:47 PM (13 years, 11 months ago) |
|
|
^^summed it up^^
--------------------
|
alex37211
Newbie


Registered: 01/31/10
Posts: 72
|
Re: need some legal advice (moved) [Re: 2859558484]
#12637397 - 05/27/10 09:50 AM (13 years, 11 months ago) |
|
|
Thanks for all the advice guys. I know I screwed up by letting anyone know. And I screwed up doubly by letting the cops in and then consenting to a search. They just caught me off guard. I'm not use to this type of stuff. I always cooperated with police before. I live in Tennessee by the way. I never thought of this as such a big deal. You know they consider mushrooms a "schedule 1" narcotic? That means it is classified as worse than crack! wtf. It's in the same category as heroine and PCP. What is more bizarre is that marijuana falls in this category as well. Oh and manufacturing a schedule 1 is a mandatory 8-12 years for first offense. So yeah, I got a good lawyer. I'm already $8k in debt including the $5k bond + initial lawyer fees. And I'm looking at around another $12k in further fees probably. fml
|
sooneroblivion
Noob

Registered: 12/17/09
Posts: 34
Loc: Earth(Currently)
Last seen: 12 years, 2 months
|
Re: need some legal advice [Re: jingus]
#12637769 - 05/27/10 11:05 AM (13 years, 11 months ago) |
|
|
Quote:
jingus said: (assuming you live in a state where you can have fully colonized mycellia and still be legal they have to get you with conspiracy
sorry, but there's not a single state in the US where mycelium is legal
pretty sure that until hyphal knots are formed all you have is a lump of legal non psilocibin containing fungus
-------------------- Everything I say is Immagineered in a Disney lab somewhere in the remote jungles of the Congo. Details on which spores are better for microscopic use is mostly just opinion. And besides, not really an appropriate question for the Sponsers Forum, So whichever one sounds cool to you. I wish you luck in your first attempt to observe spores under a microscope. mr.bixby said: Agreed. Money buys justice period. Learn it the hard way like most poor people or the easy way.
|
stratos
blunt rolling master



Registered: 04/27/10
Posts: 258
Loc: florida!
|
|
Quote:
sooneroblivion said:
Quote:
jingus said: (assuming you live in a state where you can have fully colonized mycellia and still be legal they have to get you with conspiracy
sorry, but there's not a single state in the US where mycelium is legal
pretty sure that until hyphal knots are formed all you have is a lump of legal non psilocibin containing fungus 
no.
mycelium contains psilocybin and other compounds. its just as illegal as the mushrooms, but with mycelium or cakes, I'm pretty sure you'd get a manufacture charge also.
--------------------

|
illuminati
Strange


Registered: 06/17/07
Posts: 556
Loc: Aboard the T.A.R.D.I.S.
Last seen: 3 years, 8 months
|
Re: need some legal advice [Re: stratos]
#12638108 - 05/27/10 12:02 PM (13 years, 11 months ago) |
|
|
My understanding is that mycellium does not contain psilocybin until it's tertiary stage, so if there was mycellium in jars, it would really depend on how far along it was before it was tested. You could always hope your technique was sloppy and they got infected in evidence.
OP: I'm in a similar situation at the moment, only they got a warrant, I never consented to a search. I hope everything works out for the best for you man. I was hoping my case could get thrown out due to the sketchy way the cops got the warrant, but now it's looking more like I'll get a couple misdemeanors.
-------------------- I didn't get turned on I just got turned I wasn't as aroused as I was concerned for each one of 'em I've hurt and every time I've been burned I've got a lot to teach but even more to learn
|
scatmanrav
Brainy Smurf


Registered: 05/08/04
Posts: 11,483
Loc:
Last seen: 11 years, 4 months
|
|
Quote:
pretty sure that until hyphal knots are formed all you have is a lump of legal non psilocibin containing fungus 
That would not be correct.
|
ScavengerType


Registered: 01/24/08
Posts: 5,784
Loc: The North
Last seen: 10 years, 6 months
|
Re: need some legal advice [Re: scatmanrav]
#12640282 - 05/27/10 05:38 PM (13 years, 11 months ago) |
|
|
Are you sure? I swear I remember reading that until fruiting begins psilocibin production is at nominal levels (near zero) from TMC. However in the US such pre-fruiting concentrations should probibly be enough to put you away on a growing charge if not a conspiracy to charge.
In fact I have heard of wet mushrooms being legal in some places outside of the US. However the UK recently went from that to US style restriction and others may have changed suit as well. Either way, in any country where they are illegal it is not a good idea to get caught with them.
-------------------- "Have you ever seen what happens when a grenade goes off in a school? Do you really know what you’re doing when you order shock and awe? Are you prepared to kneel beside a dying soldier and tell him why he went to Iraq, or why he went to any war?" "The things that are done in the name of the shareholder are, to me, as terrifying as the things that are done—dare I say it—in the name of God. Montesquieu said, "There have never been so many civil wars as in the Kingdom of God." And I begin to feel that’s true. The shareholder is the excuse for everything." - Author and former M6/M5 agent John le Carré on Democracy Now. Conquer's Club
|
scatmanrav
Brainy Smurf


Registered: 05/08/04
Posts: 11,483
Loc:
Last seen: 11 years, 4 months
|
|
Nominal levels yes..but detectable levels = presence. There is no law saying a tiny amount of psilocybin is legal.
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: need some legal advice [Re: scatmanrav]
#12645213 - 05/28/10 12:57 PM (13 years, 11 months ago) |
|
|
Scatmanrav, speak only of what you know. GC/MS studies show that there is no detectable actives until the hyphal knotting stage. Based on that I'd guess that jars would start having detectable levels a bit after full colonization. During the expansion phase they most likely would not have detectable levels.
If they properly freeze the samples before storing them they will likely find nothing. If they do and find nothing they can't prove attempt very easily since the samples can't be grown out to prove they would produce actives. If they don't freeze them you can argue there was no controlled substance present at the time of seizure. They'll probably still get you for attempt, but that has it's own legal issues. You can claim it was for research and was going to be destroyed before actives were present. Good luck selling that to the court, but it's good bargaining leverage if you have a decent lawyer.
-FF
|
scatmanrav
Brainy Smurf


Registered: 05/08/04
Posts: 11,483
Loc:
Last seen: 11 years, 4 months
|
Re: need some legal advice [Re: fastfred]
#12645270 - 05/28/10 01:10 PM (13 years, 11 months ago) |
|
|
Quote:
fastfred said: Based on that I'd guess that jars would start having detectable levels a bit after full colonization.
"assuming you live in a state where you can have fully colonized mycellia"
A bit after full colonization would be pretty much fully colonized which is what I was responding to. And I've had jars turn blue before hyphal knots formed. Which is also what I responded to, no psilocybin before knots formed...I dont believe it. Even you just said a bit after full colonization, not when knots form.
Besides that, I have heard of LC's being drained and strained and tea made from it, and it worked..I'm pretty sure it was agar who did this.
If they freeze it and such, maybe they wont detect it..but the OP didnt even have myc so were going off topic.
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: need some legal advice [Re: scatmanrav]
#12650027 - 05/29/10 10:52 AM (13 years, 11 months ago) |
|
|
The "hyphal knot" stage is just a marker for development. It would be reasonable to assume that hyphal knots correlate with the period soon after expansion has stopped. Just because hyphal knots are not apparent doesn't mean the myc isn't in the same stage as when hyphal knots could or would appear.
Most of the tea making and extractions from cakes are done with failed or spent cakes. All the successful ones I've heard of were with these late stage cakes and the results are very weak even then.
-FF
|
scatmanrav
Brainy Smurf


Registered: 05/08/04
Posts: 11,483
Loc:
Last seen: 11 years, 4 months
|
Re: need some legal advice [Re: fastfred]
#12650061 - 05/29/10 10:59 AM (13 years, 11 months ago) |
|
|
So then why is sending a LC or wedge illegal? Is it just the fact that its started in the process of growing? Could you not use it for "microscopic use only" though? This was why I was always told they were illegal (containing actives), I was only attempting to speak of what I know..sometimes misinformation is handed out here though so it is impossible to ALWAYS do so..not just here, but in life in general.
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: need some legal advice [Re: scatmanrav]
#12650247 - 05/29/10 11:44 AM (13 years, 11 months ago) |
|
|
> So then why is sending a LC or wedge illegal?
It's not as far as I can determine. Nobody wants to take the chance though when it's clearly legal to send spores.
You're also several steps closer to an attempt charge when you have growing myc. Combined with any other growing supplies most prosecutors would have no problem pushing an attempt charge against you. They would put you in a position where you'd have to take a plea agreement, i.e. $500 fine and 2 years probation vs spending $5k+ on a lawyer.
They can also take your myc and leave it in evidence until it does produce actives. With myc all they have to do is store it a bit, with spores they'd have to do all sorts of tampering.
-FF
|
luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
|
Re: need some legal advice [Re: alex37211]
#12650385 - 05/29/10 12:23 PM (13 years, 11 months ago) |
|
|
Quote:
alex37211 said: Okay so I got narced on for growing. But I got the heads up and ditched all of it before the cops showed up. What I kept was the tubs, lights, perlite, etc. Oh and a gram scale. I figured they couldn't get me on this stuff. I wasn't sure about the spore syringe in my fridge. They found it and claimed I was breaking the law. Something about "intent to manufacture a schedule 1 controlled substance". I got locked up and am now out on bail awaiting trial. Oh and they took my pistol which I bought legally and they are trying to charge me with "felony weapons" which I totally don't understand. They confiscated all the equipment and my guns and money. I told them I was growing oyster mushrooms but they didn't believe me. How difficult is it to analyze spores and can I win this case? Thanks.
Do yourself a favor. This is not the place for legal advice.
Go see a lawyer.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
|
Connie
Stranger


Registered: 05/13/10
Posts: 119
Last seen: 13 years, 6 months
|
|
I can't get my head around people who talk to the police and answer questions before they have talked with their lawyer. 
Let's hope your lawyer is good and he gets the case dropped
-------------------- Life should not be a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside in a cloud of smoke, thoroughly used up, totally worn out, and loudly proclaiming– “Wow! What a Ride!” — Hunter S. Thompson
|
ScavengerType


Registered: 01/24/08
Posts: 5,784
Loc: The North
Last seen: 10 years, 6 months
|
Re: need some legal advice [Re: Connie]
#12652684 - 05/29/10 08:55 PM (13 years, 11 months ago) |
|
|
yea especially if you are guilty, should be a clear sign to STFU when in police custody. Right?
-------------------- "Have you ever seen what happens when a grenade goes off in a school? Do you really know what you’re doing when you order shock and awe? Are you prepared to kneel beside a dying soldier and tell him why he went to Iraq, or why he went to any war?" "The things that are done in the name of the shareholder are, to me, as terrifying as the things that are done—dare I say it—in the name of God. Montesquieu said, "There have never been so many civil wars as in the Kingdom of God." And I begin to feel that’s true. The shareholder is the excuse for everything." - Author and former M6/M5 agent John le Carré on Democracy Now. Conquer's Club
|
|