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 SalviaEngland
Omnipresence
Registered: 04/10/02
Posts: 685
Loc: Alternate Dimensions
Last seen: 16 years, 10 months
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 UK shops selling magic mushrooms! is this legal. 
#1724103 - 07/17/03 05:31 AM (20 years, 2 months ago) |
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Suppose a shop in the UK is selling fresh cub mushrooms and philosophers stone, surely this is not legal. They might have claimed that they can sell the mushrooms as long as they are not processed in anyway, they may also have claimed that they have asked the appropriate authorities and have clearance. This is not Amsterdam is it!!!
Could this be legal?
This post is hypothetical!!!???!!!
Or is it??
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Cactus
Edited by SalviaEngland (07/17/03 05:53 AM)
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 Darkcloud
tiwkcuFtsilihiN
 
Registered: 04/06/03
Posts: 1,331
Loc: USA
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Re: UK shops selling magic mushrooms! is this legal. [Re: SalviaEngland]
#1724117 - 07/17/03 06:00 AM (20 years, 2 months ago) |
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It's legal in England to possess fresh magic mushrooms. However, dried magic mushrooms are illegal.
Here's my information source: Click here and scroll to the very bottom.
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White_Widow
Lost fairy
Registered: 07/04/02
Posts: 86
Loc: Sweet Old Europe
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Re: UK shops selling magic mushrooms! is this legal. [Re: Darkcloud]
#1724119 - 07/17/03 06:03 AM (20 years, 2 months ago) |
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That makes the English status similar to the Dutch one... if I got it right...
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"Love is the law; love under will..."
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Darkcloud
tiwkcuFtsilihiN
Registered: 04/06/03
Posts: 1,331
Loc: USA
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Re: UK shops selling magic mushrooms! is this legal. [Re: White_Widow]
#1724127 - 07/17/03 06:07 AM (20 years, 2 months ago) |
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Quote:
White_Widow said:
That makes the English status similar to the Dutch one... if I got it right...
Yep, you've got it. 
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st0nedphucker
Rogue State
Registered: 04/17/03
Posts: 1,047
Loc: Wales (yes it is a countr...
Last seen: 15 years, 2 months
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Re: UK shops selling magic mushrooms! is this legal. [Re: SalviaEngland]
#1724130 - 07/17/03 06:10 AM (20 years, 2 months ago) |
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Possession and selling of fresh shrooms is completely legit because of the confusion that surrounds them in the Misuse of Drugs Act 1971
Psilocin is listed in Schedule 2, Part 1, Paragraph 1 as a class A substance and it also states that any substance not specified by name in the sub-paragraph, that is derived from tryptamine or from a ring- hydroxy tryptamine is also considered Class A.
I would assume that later ammendments to the act have specifically named Psilocybin aswell.
The only possible illegal aspect of them selling mushrooms would be under Section 3 (of the act), Part 1, Schedule 4, Section 4 (3) which makes
Quote:
Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another
a crime.
As the act does not classify psilocybin mushrooms illegal untill they are used to obtain the active compounds,
(dried/extraction/whatever as they class as preperation???) , selling fresh mushrooms in itself is not illegal but I would say they are on very shaky grounds and if indeed they and others take advantage of this they could instigate a change in the law.
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The punishment which the wise suffer, who refuse to take part in government, is to live under the government of worse men.
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Jackal
Well Versed In Etiquette
Registered: 10/16/02
Posts: 4,576
Last seen: 2 months, 13 hours
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Re: UK shops selling magic mushrooms! is this legal. [Re: Darkcloud]
#1724131 - 07/17/03 06:10 AM (20 years, 2 months ago) |
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Quote:
Lunatik said:
It's legal in England to possess fresh magic mushrooms. However, dried magic mushrooms are illegal.
Here's my information source: Click here and scroll to the very bottom.
As the law stands it is legal to possess and distribute fresh biological material tha contains psilocybin/psilocin.
Once there is evidence that an individual intends using them for recreation then its a grey area. Drying them for future use is illegal, however small amounts of dried mushrooms that have been collected from the wild are mostly overlooked. I'm not sure if this applies to dried cultivated shrooms though.
All said, the mushroom community in the UK could naturally do with as little attention as possible.
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SalviaEngland
Omnipresence
Registered: 04/10/02
Posts: 685
Loc: Alternate Dimensions
Last seen: 16 years, 10 months
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Re: UK shops selling magic mushrooms! is this legal. [Re: Jackal]
#1724146 - 07/17/03 06:23 AM (20 years, 2 months ago) |
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If this shop sells the mushrooms along side herble highs, buzz caps, salvia D, pipes its intent obvious. As I understood it preparation is only proof of intent to consume and is not illegal in its self. Therefore another method of proof for intent makes the mushrooms illegal. If it?s a high shop no one will believe there was any other intent other than to consume an A class substance. The law only protects thoses how pick mushrooms without knowing what they have????? not sure ??
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Cactus
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st0nedphucker
Rogue State
Registered: 04/17/03
Posts: 1,047
Loc: Wales (yes it is a countr...
Last seen: 15 years, 2 months
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Re: UK shops selling magic mushrooms! is this legal. [Re: SalviaEngland]
#1724158 - 07/17/03 06:40 AM (20 years, 2 months ago) |
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No the law applies to everyone regardless of youre an experienced tripper who is one his way back from his latest hunt to a family or a man who has just picked some random mushrooms which include psychoactive ones.
Indeed a high-shop is clearly selling mushrooms and other paraphernalia that are going to be used for illegal purposes but as they are not selling anything illegal then they are not responsible for the actions of the customer.
The intent is quite clear but as todays laws are filled with loop-holes and exceptions it is hard to prosecute high-shops etc. As I said they are on shaky ground, they are (in the eyes of the law) not preparing the mushrooms, the description of preperation is at best a very vague one. They are simply selling mushrooms, it is not untill they are dried/stewed that they become illegal and the majority of them will say "for botanical purposes only not for comsumption", which in-effect passes on the responsibility to the customer.
EDIT: Preperation is prove of intent but in this case preperation is a crime in itself
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The punishment which the wise suffer, who refuse to take part in government, is to live under the government of worse men.
Edited by st0nedphucker (07/17/03 06:46 AM)
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mjshroomer
Sage
Registered: 07/21/99
Posts: 13,774
Loc: gone with my shrooms
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Re: UK shops selling magic mushrooms! is this legal. [Re: st0nedphucker]
#1725808 - 07/17/03 06:57 PM (20 years, 2 months ago) |
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Go to my site at the following URL, most of the news clippings show why the shrooms are legal. It is also legal to grow fresh shrooms in the UK.
http://www.mushroomjohn.com/news.htm
click in the button that sais Britain.
mj
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MajorTom41
Stranger
Registered: 07/21/03
Posts: 3
Last seen: 20 years, 2 months
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Re: UK shops selling magic mushrooms! is this legal. [Re: mjshroomer]
#1736443 - 07/21/03 09:04 PM (20 years, 2 months ago) |
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There is also a loop hole for mushrooms that were dried via the sun in England.
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Brown_Moses
Stranger
Registered: 07/06/03
Posts: 20
Last seen: 20 years, 2 months
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Re: UK shops selling magic mushrooms! is this legal. [Re: MajorTom41]
#1737509 - 07/22/03 05:50 AM (20 years, 2 months ago) |
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I ordered 210 fresh grams from a website here in the UK and got them 2 days later. They worked pretty well too.
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A.K.A. Rainbow
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