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Offlinebobby-J
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mass and maine laws on shrooms
    #13071366 - 08/18/10 10:13 PM (13 years, 8 months ago)

what a are mass. and maine laws on srooms?

Edited by bobby-J (09/15/10 07:55 PM)

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OfflineNexius
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Re: mass and maine laws on shrooms [Re: bobby-J]
    #13072561 - 08/19/10 08:14 AM (13 years, 8 months ago)

A gram of just mushrooms, not manufacture?

If that's the case you'll prolly just get a Class A misdeanor; end up with probation.


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Invisiblejohnm214
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Re: mass and maine laws on shrooms [Re: Nexius]
    #13072690 - 08/19/10 09:00 AM (13 years, 8 months ago)

Mass and Maine:  It appears the penalty is up to a year incarceration and a fine of up to one-thousand dollars in Mass and two-thousand dollars in Maine.  Relatively light, though I don't know if their are mandatory minimums or sentencing guidelines/requirements.

This is only for simple possesion with no priors et cet.

Chapter 94C: Section 34. Unlawful possession of particular controlled substances, including heroin and marihuana
Quote:

No person knowingly or intentionally shall possess a controlled  substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.[...]




Maine: 

Title 17 sec 1107-A(1)
Quote:


D. A schedule X drug. Violation of this paragraph is a Class D crime; [2001, c. 383, §127 (NEW); 2001, c. 383, §156 (AFF).]





Title 17 sec 1252(2)
Quote:



D. In the case of a Class D crime, the court shall set a definite period of less than one year; or [1975, c. 499, §1 (NEW).]





Interestingly, it appears spore syringes would be illegal in Maine.  I'm not sure if the operative term is defined elsewhere to something other than natural language, though its quite possible it is and a hypodermic syringe is only such if intended to be used as such or with controlled substances, et cet

Title 17 sec §1110. Trafficking in or furnishing hypodermic apparatuses
Quote:

1.    Except as provided in subsection 1-B, paragraph A, a person is guilty of trafficking in hypodermic apparatuses if the person intentionally or knowingly trafficks in one or more hypodermic apparatuses. Violation of this subsection is a Class C crime.





Title 17 sec 1301(1-A)
Quote:


1-A.    A natural person who has been convicted of a Class A, Class B, Class C, Class D or Class E crime may be sentenced to pay a fine, unless the law that the person is convicted of violating expressly provides that the fine and imprisonment penalties it authorizes may not be suspended, in which case the convicted person must be sentenced to the imprisonment and required to pay the fine authorized in that law. Subject to these sentences and to section 1302, the fine may not exceed:
A. $50,000 for a Class A crime; [1991, c. 355, §1 (AMD).]
B. $20,000 for a Class B crime; [1991, c. 355, §1 (AMD).]
C. $5,000 for a Class C crime; [1991, c. 355, §1 (AMD).]
D. $2,000 for a Class D crime; [1991, c. 355, §1 (AMD).]
E. $1,000 for a Class E crime; and [1991, c. 355, §1 (AMD).]
F. Regardless of the classification of the crime, any higher amount that does not exceed twice the pecuniary gain derived from the crime by the defendant. [1989, c. 872, §4 (NEW).]




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Offlinebobby-J
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Re: mass and maine laws on shrooms [Re: bobby-J]
    #13074500 - 08/19/10 03:56 PM (13 years, 8 months ago)

so possesion and cultivation are 2 seperate charges right and probably possesion with intent to sell, so say i had 20lbs of substrate going and a pound of shrooms and got raided and have no priors whats the worst that could happen to me

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Re: mass and maine laws on shrooms [Re: bobby-J]
    #13074858 - 08/19/10 04:57 PM (13 years, 8 months ago)

Assuming no priors, no injury as a result, and yada yada:

Mass:  Looks its either 5 years, 2.5 years, or 0-5.  It looks like they require a definite sentence of 5 or 2.5, though I'm not sure.  This seems lite- there are probably addition provisions for bulk amounts

Feds:  0-20 years for manufacturing only (any amount)  plus 3 years supervised release;  20yrs min to life for continuing criminal enterprise (5 or more people involved with your operation and substantial income from operation);  I believe you get up to 30 years if prior felony conviction for drugs.

I think you could be convicted of the crack house law (sec 856) if you do this indoors.  (much more serious to grow mushrooms indoors :confused: )That sentence is another 0-20

These are only for manufacturing, and none include any possesion charges nor enhancements for bulk amount, close to property owned by a college, et cet




21 USC sec 841(B)(1)(c)
Quote:


such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both.





Mass
Quote:



CHAPTER 94C. CONTROLLED SUBSTANCES ACT

Chapter 94C: Section 32B. Class C controlled substances; unlawful manufacturer, distribution, dispensing or possession with intent to manufacture, etc.

Section 32B. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section thirty-one shall be imprisoned in state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.



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OfflineNizzyJones
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Re: mass and maine laws on shrooms [Re: johnm214]
    #13098756 - 08/25/10 06:16 AM (13 years, 8 months ago)

In RE:Maine Title 17 it defines hypodermic apparatus as
Quote:

2. "Hypodermic apparatus," hypodermic syringe, hypodermic needle or any instrument designed or adapted for the administration of any drug by injection.




So larger gauge needles would probably be arguably legal. (IANAL)


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