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OfflineBlakeS
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Registered: 05/30/03
Posts: 3
Last seen: 13 years, 3 months
Legal status of mushrooms in Florida?
    #1593315 - 05/30/03 03:27 PM (13 years, 6 months ago)

I am considering about trying mushrooms, and I read on the FAQ's here that it is not illegal to posses them here in Florida. What are the circumstances that surround this? Is it just legal to have them? What about pick them, use them or keep them? What type of trouble would/can arise if I was caught by the police picking some? Would I have violated any laws or not since I am in Florida? Any information would be greatly appreciated. THanks.


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OfflineA0999
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Re: Legal status of mushrooms in Florida? [Re: BlakeS]
    #1593481 - 05/30/03 04:18 PM (13 years, 6 months ago)

they are legal to posses in florida? thats weird and very hard to beleive.


--------------------
Not necessarily stoned, but beautiful


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OfflineBlakeS
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Re: Legal status of mushrooms in Florida? [Re: A0999]
    #1593603 - 05/30/03 04:44 PM (13 years, 6 months ago)

*Note: It is important to know that the possession of psychoactive fungi is illegal in the United States and Canada with the exception of the state of Florida in the United States. Psilocybin and psilocin, the active ingredients of psychoactive fungi, are a Class 1 scheduled drug. Possession can result in felony charges. Be careful.


Source: http://www.shroomery.org/index/par/23483


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InvisibleOctopusDr
Octi Doci

Registered: 02/03/03
Posts: 1,598
Re: Legal status of mushrooms in Florida? [Re: BlakeS]
    #1593755 - 05/30/03 05:16 PM (13 years, 6 months ago)

Fresh ones are legal. Dried are not.


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OfflineA0999
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Re: Legal status of mushrooms in Florida? [Re: BlakeS]
    #1593758 - 05/30/03 05:16 PM (13 years, 6 months ago)

that kinda contradicts itself..... that really make no since to me....


--------------------
Not necessarily stoned, but beautiful


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OfflineDeadphish64
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Registered: 05/24/03
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Re: Legal status of mushrooms in Florida? [Re: A0999]
    #1593832 - 05/30/03 05:35 PM (13 years, 6 months ago)

dried ones are legal because shrooms can grow in alot of places so they couldn't make naturally occuring shrooms illegal...but dried shrooms are illegal because the purpose of drying shrooms is to preserve them and in the govt's eyes u then have intent to sell them so hence dried shrooms are illegal


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Invisibletekramrepus
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Registered: 02/20/02
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Re: Legal status of mushrooms in Florida? [Re: Deadphish64]
    #1593960 - 05/30/03 06:03 PM (13 years, 6 months ago)

Quote:

dried ones are legal because shrooms can grow in alot of places so they couldn't make naturally occuring shrooms illegal...but dried shrooms are illegal because the purpose of drying shrooms is to preserve them and in the govt's eyes u then have intent to sell them so hence dried shrooms are illegal





you meant fresh mushrooms "fresh ones are legal...."


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OfflineDeadphish64
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Registered: 05/24/03
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Re: Legal status of mushrooms in Florida? [Re: tekramrepus]
    #1593975 - 05/30/03 06:07 PM (13 years, 6 months ago)

oops yeah my fault...yeah fresh = legal and dried = illegal....and I'm stoned so it's an honest mistake  :wink:


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OfflineBlakeS
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Re: Legal status of mushrooms in Florida? [Re: Deadphish64]
    #1594106 - 05/30/03 06:43 PM (13 years, 6 months ago)

Alright. Thanks for the clarifications! So... What would happen if a cop stopped me while I was picking some or even had some in my hands?


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OfflineDeadphish64
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Registered: 05/24/03
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Re: Legal status of mushrooms in Florida? [Re: BlakeS]
    #1594114 - 05/30/03 06:45 PM (13 years, 6 months ago)

if they were freshies then I would say he can't do shit to you...u should worry about picking them anyway...I know people that pick them all the time in fields and it's not like the cops are pratoling the cow fields


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OfflineDailyPot
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Registered: 11/17/02
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Re: Legal status of mushrooms in Florida? [Re: Deadphish64]
    #1594156 - 05/30/03 07:01 PM (13 years, 6 months ago)

In a worse case senario you could get trespassing charges for being in the field, prowling if its at night and burglery for taking the shrooms. This is what happened to my friend when he got caught since they couldn't pin drug charges on him. Except prowling but you can probably get that.


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Invisiblemjshroomer
Sage
Registered: 07/22/99
Posts: 13,774
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Re: Legal status of mushrooms in Florida? [Re: Deadphish64]
    #1594679 - 05/30/03 09:55 PM (13 years, 6 months ago)

Actually the cop can do whatever he or she feels like doing to you if he catches you whethere you think so or not.

A good example is from Florida of the Deputy Sheriff who murdered two mushroom pickers for co ing back to a field after he told them he better not see them inthe field picking mushrooms again.

He shot both of them in the back while they were hand-cuffed. Unfortunately for the cop, aa passing trooper was witness to the crime and arrested the cop.

mj


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OfflineDailyPot
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Registered: 11/17/02
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Re: Legal status of mushrooms in Florida? [Re: mjshroomer]
    #1594692 - 05/30/03 09:59 PM (13 years, 6 months ago)

Omg, I never heard that story before...thats fucking crazy!
I wanna go out and wrestle!


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Offlinef8L
Triumph

Registered: 09/07/02
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Re: Legal status of mushrooms in Florida? [Re: DailyPot]
    #1594774 - 05/30/03 10:20 PM (13 years, 6 months ago)

Yeah I agree with MJ. Not to mention trespassing violations, you think the officer is going to know about mushrooms laws or the 1 single trial in Florida back in 1978 in which the person was found not guilty for picking? Doubtful.

You hear about people arrested on mushroom possession/distribution all the time in florida, not once did I hear anyone ever say 'oh they were wet and not dry therefore its legal!' -- not much of a case.



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OfflineDailyPot
Trip'n Time

Registered: 11/17/02
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Re: Legal status of mushrooms in Florida? [Re: f8L]
    #1594876 - 05/30/03 10:45 PM (13 years, 6 months ago)

In court nothing will happen...


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OfflinemotamanM
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Re: Legal status of mushrooms in Florida? [Re: BlakeS]
    #1595955 - 05/31/03 12:13 PM (13 years, 6 months ago)

If you are knowingly in possession of psychoactive fungi, dried or fresh it is illegal.


http://www.jug-or-not.com/shroom/fiske.html

Fiske Vs State Of Florida



After years of waiting for me to get to a legal library, I have a copy of the official ruling from the supreme court of Florida regarding the possession of psilocybe mushrooms. This is a blueprint for not getting convicted of possession of fresh psilocybe mushrooms in the state of Florida.


Richard D. FISKE, Appellant,



V.



STATE of Florida, Appellee.



No. 50796.



Supreme Court of Florida.



Dec.21, 1978.




Defendant was convicted of a felony in the Collier County Circuit Court, Charles T. Canton, J., and defendant took a direct appeal. The Supreme Court, Boyd, J., held that (1) statute which explicitly controlled any material containing psilocybin and made possession of the material a Felony was not vague on its face, but where the statute made no mention of psilocybic rnushrooms or of any other psilocybic organic form that grows wild, the statute failed to advise a person of ordinary and common intelligence that such substance was contained in a particular variety of mushroom, and could not be applied constitutionally to defendant, who was not shown to have Criminal knowledge, and (2) where a statement made by defendant when confronted by law enforcement agents was ambiguous and susceptible of innocent explanation as well as being indicative of criminal knowledge, the ambiguities would be resolved in favor of defendant.

Conviction reversed.

England, C. S., and Overton and Sund berg, JJ-, dissented.




1. Drugs and Narcotics ~

Statute which explicitly controlled any material containing psilocybin and made possession of the material a felony was not vague on its face, but where statute made no mention of psilocybe mushrooms or of any other psilocybic organic form that grows wild, statute failed to advise person of ordinary and common in~lligence that such substance was contained in particular variety of mushroom, and could not be ap )lied constitutionally to defendant, who was not shown to have criminal knowledge. West's F.S.A.Const. art. 5, ? 2(b)(1); West's F.S.A. ?? 893.01 et seq., 893.03, 893.03 (1)(c)15, 893.13(1)(a)2.



2. Criminal Law ~414

Where statement made by defendant when confronted by law enforcement agents was ambiguous and susceptible of innocent explanation as well as being indic ative of criminal knowledge, ambiguities would be resolved in favor of defendant.




Peter L. Nimkoff and Rosemary S. Mi chael of August, Nimkoff & Pohug, Miami, and John W. Emerson of Treadwell, Emer son & Elkins, Naples; Florida, for appellant.



Robert L. Shevin, Atty. Con. and Richard C. Pippinger, Asst. Atty. Con., Tampa, for appellee.



BOYD, Justice.



This is a direct appeal from a felony conviction in Collier County Circuit Court. The court directly passed on the validity of a state statute's application

We have jurisdiction Article V, Section a(b)(1), Florida Constitution.

Richard Fiske, appellant, was arrested as he emerged from a field in Collier county Found near him was a bag of wild rnushrooms. The mushrooms were taken into the custody of the Collier County Sheriff's Department. After tests, a chemist concluded that they contained psilocybin, a substance controlled by the Florida Comprehensive drug Abuse Prevention and Control Act, Chapter 893, Florida Statutes. Appel lant was tried by jury for possession of the psilocybin, a felony in the third degree, and found guilty Adjudication of guilt was withheld and he was placed on probation.



[1] Appellant raises a number of issues both constitutional and related to errors In his trial. We address only one, raised by him initially in a pretrial motion, because it is dispositive of the appeal. The issue is whether his conviction under the present statute violates the Due Process Clauses of the federal andFlorida Constitutions. We hold that it does.



Section 893.03 Florida Statutes (1975), gives the standards and schedules of substances controlled by the Drug Abuse Act. Subsection (1) is denominated Schedule I. The subsection recites that substances listed in Schedule I have high potential for abuse and no currently accepted medical use in the United States- Section 893.03 (1)(c)(15), part of Schedule I, controls any material which contains a quantity of the hallucinogenic substance 'psilocybin." Section 893.- 13(1)(a)(2) makes possession of psflocybin a felony of the third degree. The statute makes no mention of psilocybic mushrooms or, for that matter, of any other psilocybic organic form that grows wild. If the statute were to specify that psilocybin was con tained in certain identifiable mushrooms and were to name those mushrooms, there- by apprising a prospective defendant that possession of those mushrooms is unlawful, it would not be unconstitutional as applied. The Statute as presently framed, however, gives no information as to what plants may contain psilocybin in its natural state.

More particularly, the statute does not advise a person of ordinary and common intel. ligence that this substance is contained in a particular variety of mushroom. The statute, therefore, may not be applied constitutionally to appellant. It does not give fair warning that possession of the mushrooms possessed by appellant is a crime. See Paula V. Columbia, 878 U.S 847, 84 8.Ct. 1697, 12-L.Ed.Qd 894(1964); State n Win- tars, 346 502(1 991 (Fla.1977),



There is no vagueness problem with the statute on its face. It explicitly controls any material which contains psilocybin and makes possession of the material a felony. In capsule, pill or similar form the statute may be applied constitutionally for people will be wary of the criminal liabilities of possession of non prescribed drugs ~ their common medicinal forms and will not ordinarily Possess them innocently or without knowing of their content.



[2] The state points to evidence of scien ter in the record. The statement made by appellant when confrorted.by law enforc& mcnt agents is ambiguous and susceptible of innocent explanation as well as being indicative of criminal knowledge. Ambiguities in criminal proceedings are resolved in favor of the accused.



The statute is held to have been applied unconstitutionally in this case. AppellantTs conviction is reversed.



It is so ordered.




--------------------
http://heffter.org


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Offlinef8L
Triumph

Registered: 09/07/02
Posts: 397
Last seen: 3 years, 8 months
Re: Legal status of mushrooms in Florida? [Re: motaman]
    #1596988 - 05/31/03 10:42 PM (13 years, 6 months ago)

Good luck with hiring a $15,000 dollar attorney to handle that one.


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OfflineRobbyrob
Cubensis seeker

Registered: 12/27/02
Posts: 653
Loc: Earth
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Re: Legal status of mushrooms in Florida? [Re: f8L]
    #1597614 - 06/01/03 04:00 AM (13 years, 6 months ago)

dam man.. Crazy story on that cop man.. Better be careful peeps..


Rob


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