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OfflineGratefulDread
Never pass up anopportunity topee.

Registered: 10/21/02
Posts: 366
Last seen: 12 years, 2 months
Is There A Canadian Mushroom Law???
    #1349307 - 03/04/03 09:59 AM (13 years, 9 months ago)

I have been searching government websites and looking for laws concerning the cultivation of Psilocybe Cubensis in Canada but I have thusfar found nothing.
Psilocybin and psilocin and any salt derived thereof are illegal but nothing is said about mushrooms containing them.
The way i read it is that if cultivating mushrooms is illegal anyone growing phallaris grass on their property is guilty of cultivating DMT and anyone growing morning glories on their land is guilty of cultivating LSD. Since a cultivator is merely growing a natural plant and he/she is not processing or refining the plant for use isn't it logical that he/she is doing nothing illegal at all?
Not that I grow mushrooms or anything like that but I do have friends who know of people who have friends that grow.
I was just wondering if anyone on this forum has been charged with cultivation of mushrooms in Canada or has any knowlege of a law dealing directly with said cultivation.


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Before you criticize someone, you should walk a mile in their shoes.
That way, when you criticize them, you're a mile away and you have their shoes.


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Offlinepattern
multiplayer

Registered: 07/19/02
Posts: 2,183
Loc: Canada
Last seen: 1 year, 8 months
Re: Is There A Canadian Mushroom Law??? [Re: GratefulDread]
    #1349921 - 03/04/03 01:25 PM (13 years, 9 months ago)

Show some mushrooms to an RCMP officer and see what happens.

Or, look at this link:

http://laws.justice.gc.ca/en/C-38.8/text.html

4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
SCHEDULE III

11.
Psilocin (3--[2--(dimethylamino)ethyl]--4--hydroxyindole) and any salt thereof

12.
Psilocybin (3--[2--(dimethylamino)ethyl] --4--phosphoryloxyindole) and any salt thereof

FYI: with a lenient judge you will get a $30 fine, 6 months probation, 30 hours community service, and a "temporary" criminal record.


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man = monkey + mushroom


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OfflineGratefulDread
Never pass up anopportunity topee.

Registered: 10/21/02
Posts: 366
Last seen: 12 years, 2 months
Re: Is There A Canadian Mushroom Law??? [Re: pattern]
    #1350068 - 03/04/03 02:29 PM (13 years, 9 months ago)

Canabis is tottally covered:


(Sections 2, 3, 4 to 7, 10, 29, 55 and 60)

1. Cannabis, its preparations, derivatives and similar synthetic preparations, including:

(1) Cannabis resin

(2) Cannabis (marihuana)

...

Poppies are covered:

(Sections 2 to 7, 29, 55 and 60)

1. Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts, including:

(1) Opium

(2) Codeine (methylmorphine)

(3) Morphine (7,8--didehydro--4,5--epoxy--17--methylmorphinan--3,6--diol)

....

But mushrooms are neither mentioned or implied only the drugs which can be extracted from the mushrooms. So unless you are extracting the alkaloids i see no law on the books covering them


--------------------
Before you criticize someone, you should walk a mile in their shoes.
That way, when you criticize them, you're a mile away and you have their shoes.


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Offlinepattern
multiplayer

Registered: 07/19/02
Posts: 2,183
Loc: Canada
Last seen: 1 year, 8 months
Re: Is There A Canadian Mushroom Law??? [Re: GratefulDread]
    #1350089 - 03/04/03 02:38 PM (13 years, 9 months ago)

Quote:

But mushrooms are neither mentioned or implied only the drugs which can be extracted from the mushrooms. So unless you are extracting the alkaloids i see no law on the books covering them




Hey if you can find a technicality then that would be great. However I know from painful personal experience that mushrooms are illegal in Canada.

Here is some more relevant info, emphasis added:



2.
...
(2) For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

(b) a reference to a controlled substance includes a reference to

(i) all synthetic and natural forms of the substance, and

(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
...
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
...
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
...
(6) For the purposes of subsection (4) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
...
(8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.


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OfflineGratefulDread
Never pass up anopportunity topee.

Registered: 10/21/02
Posts: 366
Last seen: 12 years, 2 months
Re: Is There A Canadian Mushroom Law??? [Re: pattern]
    #1350098 - 03/04/03 02:41 PM (13 years, 9 months ago)

So basically people with Phalaris grass or morning glory's growing on their property can be charged with possesion?


--------------------
Before you criticize someone, you should walk a mile in their shoes.
That way, when you criticize them, you're a mile away and you have their shoes.


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Offlinepattern
multiplayer

Registered: 07/19/02
Posts: 2,183
Loc: Canada
Last seen: 1 year, 8 months
Re: Is There A Canadian Mushroom Law??? [Re: GratefulDread]
    #1350103 - 03/04/03 02:44 PM (13 years, 9 months ago)

> So basically people with Phalaris grass or morning glory's growing on their
> property can be charged with possesion?

Probably.  :frown: 


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InvisibletrendalM
point of inflection
Male User Gallery

Folding@home Statistics
Registered: 04/17/01
Posts: 19,378
Loc: Ontario, Canada
Re: Is There A Canadian Mushroom Law??? [Re: GratefulDread]
    #1352320 - 03/05/03 12:09 PM (13 years, 9 months ago)

They may be specifically exempted somewhere else in the law.

But yeah, you probably could be arrested for them. It's one of those things they just don't care about.


--------------------
You're here because you know something.
What you know you can't explain,
But you feel it;
You've felt it your entire life.
That there's something wrong with the world.
You don't know what it is, but it's there....
Like a splinter in your mind...
Driving you mad.


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Anonymous

Re: Is There A Canadian Mushroom Law??? [Re: GratefulDread]
    #1352329 - 03/05/03 12:13 PM (13 years, 9 months ago)



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OfflineAzmodeus
Seeker

Registered: 11/27/02
Posts: 3,392
Loc: Lotus Land!! B.C.
Last seen: 11 years, 10 months
Re: Is There A Canadian Mushroom Law??? [Re: Anonymous]
    #1352369 - 03/05/03 12:31 PM (13 years, 9 months ago)

Quote:

a sophisticated racking system.



Uh-oh..... sounds bad....  :ooo:




Police also seized 75 large jars containing mushroom spores, which were to be used to start another crop.



Whole jars of spores?!

Quote:

The mushrooms they discovered are worth an estimated $300,000..



That is ALOT of mushrooms!!

News articles piss me off! :mad:
I don't think you'd get charged for only having a small terrarium or two....


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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Offlinepattern
multiplayer

Registered: 07/19/02
Posts: 2,183
Loc: Canada
Last seen: 1 year, 8 months
Re: Is There A Canadian Mushroom Law??? [Re: trendal]
    #1352475 - 03/05/03 01:24 PM (13 years, 9 months ago)

> But yeah, you probably could be arrested for them.
> It's one of those things they just don't care about.

Exactly.  A drug possession charge in Canada is sorta like getting a big speeding ticket.  Its not the end of the world.  So many people have a record now that its pointless (600,000+ for marijuana).  I think if you are a Canadian, its your responsibility to get a criminal record for drugs.  If we all get one, then the laws will become meaningless.  :wink: 


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OfflineChumbler
Ultra-Newbie
Registered: 02/24/03
Posts: 10
Last seen: 13 years, 4 months
Re: Is There A Canadian Mushroom Law??? [Re: GratefulDread]
    #1352621 - 03/05/03 02:24 PM (13 years, 9 months ago)

Thanks for the clarification, guys! I was wondering the same thing for myself, but can't undertstand the legal jargon enough to go wading into the CC of C.

Quote:

2.
...
(2) For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

(b) a reference to a controlled substance includes a reference to

(i) all synthetic and natural forms of the substance, and

(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
...




The part that interests me is the "any thing that contains or has on it a controlled substance and that is used, intended, or designed for use."

I think this is part of the law that seperates the farmer's field from the grow operation mentioned in the news article (300k! Wish I knew that guy's teks!). The farmer doesn't intend to eat his mushrooms, or intend to sell them to anyone else to use. Therefore, he would not be commiting any crime by having mushrooms growing on his cow crap. This would hold true for all controlled substances, like plarais grass, cacti, etc. if the law is interpreted the way I think it is...

So, you could pick mushrooms intended for printing, dissecting, decorations, insulating your home...but the moment you planned on eating even a teensy bite, you would become a criminal.

Then again, I don't think the cops/judge would take to kindly to your "But I use them to fill my mattresses!" story...lol. You'd also have a tough time convincing them that the little guys growing under your bed are for decoration as well...


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Offlinepattern
multiplayer

Registered: 07/19/02
Posts: 2,183
Loc: Canada
Last seen: 1 year, 8 months
Re: Is There A Canadian Mushroom Law??? [Re: Chumbler]
    #1352670 - 03/05/03 02:40 PM (13 years, 9 months ago)

Quote:

The part that interests me is the "any thing that contains or has on it a controlled substance and that is used, intended, or designed for use."

I think this is part of the law that seperates the farmer's field from the grow operation mentioned in the news article




Good point. I wonder what a criminal lawyer would say about this.


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