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Invisibleboxtop703
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Registered: 06/26/01
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CA, GA, now Ohio?
    #1357966 - 03/08/03 10:49 AM (13 years, 8 months ago)

http://www.nansnook.com/forum/index.php?s=2e887bb35ac53b38b83ca7b29158a856&act=ST&f=21&t=3704

Ohio H.B. No. 80: to prohibit the possession, sale, transportation, and cultivation of spores or mycelium capable of producing mushrooms that contain psilocin or psilocybin.

125th General Assembly
Regular Session
2003-2004


Representatives Core, Gibbs, Hollister, Hagan, McGregor, Fessler, Calvert, Setzer, Schaffer, Allen, S. Smith

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A BILL

To enact sections 2925.031, 2925.042, 2925.071, and 2925.111 of the Revised Code to prohibit the possession, sale, transportation, and cultivation of spores or mycelium capable of producing mushrooms that contain psilocin or psilocybin.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2925.031, 2925.042, 2925.071, and 2925.111 of the Revised Code be enacted to read as follows:

Sec. 2925.031. (A) No person shall knowingly sell or offer to sell spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

( It is an affirmative defense to a charge under this section that the sale of or the offer to sell spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin is for bona fide research, instruction, or analysis if the sale of the spores or mycelium is not a violation of federal law.

( C) Whoever violates this section is guilty of trafficking in spores, a felony of the fourth degree.

Sec. 2925.042. (A) No person, with intent to violate section 2925.031 or 2925.071 of the Revised Code, shall knowingly cultivate any spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

( It is an affirmative defense to a charge under this section that the cultivation of spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin is for bona fide research, instruction, or analysis if the cultivation of the spores or mycelium is not a violation of federal law.

( C) Whoever violates this section is guilty of illegal cultivation of spores, a felony of the second degree.

Sec. 2925.071. (A) No person shall knowingly prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin when the person intends to sell or resell the spores or mycelium or when the person knows or has reasonable cause to believe that another person intends to sell or resell the spores or mycelium.

( Whoever violates this section is guilty of preparation of spores for sale, a felony of the fourth degree.

Sec. 2925.111. (A) No person shall knowingly obtain, possess, or use spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

( It is an affirmative defense to a charge under this section that the obtaining, possessing, or using of spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin is for bona fide research, instruction, or analysis if the possession or use is not a violation of federal law.

Whoever violates this section is guilty of possession of spores, a felony of the fifth degree.


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OfflineDSD
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Registered: 12/01/02
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Re: CA, GA, now Ohio? [Re: boxtop703]
    #1358515 - 03/08/03 03:50 PM (13 years, 8 months ago)


So is this house bill already in effect or does it still have to be voted on? and if so when will it be voted on?


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InvisibleDazedSol
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Registered: 08/01/01
Posts: 1,230
Re: CA, GA, now Ohio? [Re: boxtop703]
    #1362417 - 03/10/03 09:29 AM (13 years, 8 months ago)

Thats so fucking insane.........spores., a felony  :mad:

Who the hell put this bill on the table in the first place?


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Peace,
Adam


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OfflineAislingGheal
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Re: CA, GA, now Ohio? [Re: DSD]
    #1363401 - 03/10/03 04:02 PM (13 years, 8 months ago)

This bill has not become law yet, it still has to go through the senate and be signed by Gov. Taft, but it is only a matter of time. Ohio under Taft has become a bad episode of "Hee-Haw", Taft will sign it and spores will be illegal here barring divine intervention. You can track it on www.legislature.state.oh.us/bills.cfm?ID=125_HB_80 .


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"I hate having to pick between the lesser of two evils. But I'm glad Obama was elected. McCain was another war monger. I'd rather deal with our country going into debt than trying to take on afghanistan...oh wait FUCK!" - Fungus_tao


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InvisibleEffedS
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Registered: 05/15/02
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Re: CA, GA, now Ohio? [Re: boxtop703]
    #1363752 - 03/10/03 06:15 PM (13 years, 8 months ago)

Yes bad news man.

Can we even do anything to stop the bill?  :mad:


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Invisiblematts
matts

Registered: 01/28/02
Posts: 3,649
Re: CA, GA, now Ohio? [Re: Effed]
    #1364172 - 03/10/03 10:06 PM (13 years, 8 months ago)

Post deleted by Administrator


Edited by matts (03/10/03 10:07 PM)


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OfflineAislingGheal
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Re: CA, GA, now Ohio? [Re: matts]
    #1364497 - 03/11/03 03:45 AM (13 years, 8 months ago)

Thanks, that at least gives me some hope. I never knew they had this bill in committee before. Fingers are crossed.


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"I hate having to pick between the lesser of two evils. But I'm glad Obama was elected. McCain was another war monger. I'd rather deal with our country going into debt than trying to take on afghanistan...oh wait FUCK!" - Fungus_tao


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InvisibleRoom4Shroom
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Registered: 01/15/03
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Re: CA, GA, now Ohio? [Re: AislingGheal]
    #1365891 - 03/11/03 12:14 PM (13 years, 8 months ago)

Ugh - it BETTER not pass ... such bullshit! Fifth degree penalties?!


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Offlinefbi365
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Re: CA, GA, now Ohio? [Re: boxtop703]
    #13940118 - 02/10/11 05:16 PM (5 years, 9 months ago)

What about the Dormant Commerce Clause?  It is a judicial doctrine related to the Commerce Clause (See Article I; Section VIII of the US Constitution).  The Dormant Clause implies that states cannot unnecessarily interfere with interstate commerce.  The sale of spores is legal under U.S. law.  The decisions in CA, GA, and ID to outlaw sale or possession of spores effectively interferes with an otherwise legal form of interstate commerce (I.E. Joe Sporia, longtime California resident may not legally mailorder spores from a vendor across state lines).  I am not sure about the case law behind controlled substances and the Dormant Clause.  Let me know what you all think...


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NEED BITCOINS?


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Offlineconsonants
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Registered: 01/10/11
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Re: CA, GA, now Ohio? [Re: fbi365]
    #13955519 - 02/13/11 01:56 PM (5 years, 9 months ago)

That may be; but someone is going to have to fight it in the court system, which could take years and a lot of cash.


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Offlineburzumite
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Re: CA, GA, now Ohio? [Re: consonants]
    #13958073 - 02/13/11 11:00 PM (5 years, 9 months ago)

I'm pretty sure this is old and didn't pass. Could be wrong.


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Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Loc: Flag
Re: CA, GA, now Ohio? [Re: burzumite]
    #13958967 - 02/14/11 01:54 AM (5 years, 9 months ago)

This is an 8 year old thread. :facepalm:

Spores are not illegal in Ohio and spore vendors will ship to the state.


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