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Anonymous #1

Can the cops indite you if you have mycology supplies and psilocybin spores for research?
    #17292630 - 11/27/12 07:00 PM (11 years, 5 months ago)

I will like to know can the cops charge you with anything if you are an advent mycologist who has mycology supplies [Such as substrate materials, lab coat, lab equipment, jars, natural edible mycelium/spores, etc.] as well as psilocybin spores for purely studying [But no psilocybin mycelium or mushrooms]?

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Offlinessblind
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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1]
    #17292660 - 11/27/12 07:05 PM (11 years, 5 months ago)

Quote:

In the United States, possession of psilocybin-containing mushrooms is illegal because they contain the Schedule I drugs psilocin and psilocybin. Spores, however, which do not contain psychoactive chemicals, are only explicitly illegal in Georgia, Idaho and California. Additionally; spores are illegal to import, buy, sell, trade, or give away in California if intended to be cultivated.[29] In the rest of the country, it is not illegal to just sell the spores, but selling them with the purpose of producing hallucinogenic mushrooms is illegal.[30][31]
The Florida Supreme Court in 1978 ruled that possession of wild psilocybin mushrooms is not illegal;[32] however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal was not addressed in the decision.[33]
In all states, except New Mexico, growing psilocybin-containing mushrooms from spores is considered manufacture of a controlled substance.[32] In New Mexico, on 15 June 2005, the New Mexico appeals court ruled that growing psilocybin mushrooms for personal use is not manufacture of a controlled substance




here is the law for the USA,assuming that is where you are from.I don't think mycology equipment itself is illegal,but if it is found in the vicinity of illegal mushrooms they may charge you for it.


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Anonymous #1

Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: ssblind]
    #17292791 - 11/27/12 07:24 PM (11 years, 5 months ago)

Define in the vicinity of illegal mushrooms? Why would I grow illegal mushrooms? I simply have the legal spores for my own research, while having mycology equipment on the side for edible growth and other legal mycology practices...? So how will they be able to indite me? I have no intention of growing illegal spores even if given the chance!

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Anonymous #1

Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1]
    #17292808 - 11/27/12 07:26 PM (11 years, 5 months ago)

I also have no illegal mycelium or mushrooms... Just legal psilocybin spores for research and mycology equipment for edibles. So what other charges can they charge me for?

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OfflineEllis Dee
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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1] * 1
    #17292828 - 11/27/12 07:28 PM (11 years, 5 months ago)

Yes.They can indict you for anything. They usually get plea deal convictions as a result of frivolous prosecutions too. To prove psilocybin spores they need to germinate and grow them to mycelium. Once in a syringe microscopy is a joke. From a print they can tell they're cubes.


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"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,

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Anonymous #1

Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Ellis Dee]
    #17292864 - 11/27/12 07:34 PM (11 years, 5 months ago)

So you are saying that the police can indite me just for having psilocybin spores, but no psilocybin mycelium or mushrooms and mycology equipment? What will they charge me for? I had no intent to cultivate them?

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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1] * 1
    #17293019 - 11/27/12 07:54 PM (11 years, 5 months ago)

They can do whatever they want. The US justice system is designed to mass incarcerate as many people as possible. Without growing supplies they will have trouble making a conspiracy charge at trial unless you talked about it or they find info in your internet search history on on your computer but you will be so scared that you'll accept the butt raping and go on probation for a crime you didn't even commit. It happens a lot. Plea bargains made out of fear are the pigs bread and butter.


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"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,

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OfflineAlan RockefellerM
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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1]
    #17294152 - 11/27/12 10:40 PM (11 years, 5 months ago)

Quote:

Anonymous said:
So you are saying that the police can indite me just for having psilocybin spores





Only if you intend to grow them.  They are legal to have around except in Idaho and Georgia. 

It would be best if they weren't labeled so they wouldn't get the wrong idea if they found your edibles setup too.  But those kind of charges are very rare unless you admit to wanting to grow them.

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Anonymous #2

Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Alan Rockefeller]
    #17294808 - 11/28/12 12:34 AM (11 years, 5 months ago)

A lot of police and prosecutors would probably take the position that possession of them shows intent to grow them. It's a quasi-legal item in my opinion. That said I have quite a few prints labeled as what they are and I'm not worried about it.

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InvisibleStonehenge
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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #2]
    #17297625 - 11/28/12 02:44 PM (11 years, 5 months ago)

First of all, cops can't indict or charge anyone with anything. They can arrest and accuse but its up to the d.a. or equivalent to actually press charges and sometimes they don't.

Conspiracy is a possible charge but they need more than spores and equipment, imo. If they can get a statement from the suspect, that will do the job or if a witness swears the suspect told them he was going to grow illegal 'shrooms, they might charge with conspiracy.

Its like if someone has a gun and a grudge against someone. That is not enough for conspiracy to murder, it would take more than that.


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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1] * 1
    #17297867 - 11/28/12 03:23 PM (11 years, 5 months ago)

You can't be charged with conspiracy because a conspiracy requires at least two people to agree to commit a crime...

You can be charged with attempt to manufacture a controlled substance.  At trial, they have to prove:

1. Intent to manufacture a controlled substance, and
2. You took a "substantial step" in the process of manufacturing the substance

Purchasing spores is probably plenty to constitute a "substantial step"...so it boils down to how they're going to prove intent.  I'd say that with a fully decked out lab capable of sterilizing, innoculating, germinating, and fruiting shrooms, intent is proven.

Of course, you can always present a rebuttal case that shows your intent to be something different.  If you're willing to take the stand and can do so convincingly, you could easily explain all of the different equipment and how you intended to use the spores....It'd be up to the jury to decide.


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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Anonymous #1]
    #17297868 - 11/28/12 03:23 PM (11 years, 5 months ago)

Quote:

Anonymous said:
I will like to know can the cops charge you with anything if you are an advent mycologist who has mycology supplies [Such as substrate materials, lab coat, lab equipment, jars, natural edible mycelium/spores, etc.] as well as psilocybin spores for purely studying [But no psilocybin mycelium or mushrooms]?





Of course they can- possesion of those items doesn't grant you immunity, and they can idict you without finding you possessing anything at all.

Often its the word of other people and especially the defendant themselves that becomes the big piece of evidence- no physical evidence required (there's people sentenced to death without any physical evidence).

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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: johnm214]
    #17297880 - 11/28/12 03:25 PM (11 years, 5 months ago)

Quote:

johnm214 said:
(there's people sentenced to death without any physical evidence).



Cite an example please.


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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Enlil] * 3
    #17297951 - 11/28/12 03:35 PM (11 years, 5 months ago)

Yeah, I can't.  That was a stupid thing to say.

There's people sentenced to death without physical evidence establishing their guilt for the crime.

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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: johnm214]
    #17297970 - 11/28/12 03:38 PM (11 years, 5 months ago)

Fair enough.


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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Enlil]
    #17298272 - 11/28/12 04:23 PM (11 years, 5 months ago)

(enlil)
>You can't be charged with conspiracy because a conspiracy requires at least two people to agree to commit a crime...

(me)
>>if a witness swears the suspect told them he was going to grow illegal 'shrooms, they might charge with conspiracy

So we have the suspect and a witness with whom he divulged his plans and it can be assumed tried to get to cooperate in some way. Merely keeping quiet about the plans is misprison of a crime so asking for silence would be asking for participation. We also have the source of the spores though thats a long shot. Other than that, agreed it would just be attempt to manufacture but for that, as you pointed out, it takes a substantial step toward carrying it out. Conspiracy can be a conversation with possession of lab equipment being the step forward.

I really doubt there would be any charges without at least germinating the spores.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Stonehenge]
    #17298291 - 11/28/12 04:25 PM (11 years, 5 months ago)

Conspiracy requires more than someone else knowing about it.  It requires an agreement for at least two people to engage in the illegal conduct...whatever that may be.  It isn't enough just to tell someone and then ask them not to say anything.  An agreement not to discuss it isn't conspiracy.


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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Enlil]
    #17298426 - 11/28/12 04:47 PM (11 years, 5 months ago)

I cite 18 USC § 4 - Misprision of felony

However its an arguable point. I doubt anyone has actually been prosecuted for keeping quiet but we are talking mostly theory here.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: Stonehenge]
    #17298439 - 11/28/12 04:49 PM (11 years, 5 months ago)

Quote:

Stonehenge said:
I cite 18 USC § 4 - Misprision of felony

However its an arguable point. I doubt anyone has actually been prosecuted for keeping quiet but we are talking mostly theory here.





?

How does that statute establish that Enlil's wrong on what makes a conspiracy?  I'm sure if you speed in your car while telling your friend of your intention they can also arrest you for that- still doesn't make it a conspiracy. (*shift's goalposts back to original position*)

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Re: Can the cops indite you if you have mycology supplies and psilocybin spores for research? [Re: johnm214]
    #17298753 - 11/28/12 05:37 PM (11 years, 5 months ago)

I didn't say enlil was wrong, i showed where merely being the recipient of information and keeping quiet might be a crime. Therefore, they both could be said to be committing a crime together though thats a little far fetched, i'll admit.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

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