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OfflineNippleHead
Mr
Registered: 10/07/03
Posts: 2
Loc: The Ground
Last seen: 13 years, 6 months
Update on UK Law
    #1986085 - 10/07/03 06:06 AM (13 years, 6 months ago)

Hello all,

I am getting slightly concerned with regard to UK law surrounding shrooms. I was under the impression that possession, cultivation and consumption of fresh mushrooms was perfectly legal in the UK and hence would not attract the unwanted attention of the old bill (police).

This does not however seem to be the case. We are lucky enough to have several excellent shroom picking areas nearby that are only now beginning to produce heavily after our very dry summer. Unfortunately these areas also seem to be attracting the attention of our local police force as well. The most disturbing story of which involved two of my frineds the other day. They were sitting in their car in the middle of nowhere on a mountain side at about 3pm when the old bill mysteriously appeared on the very same mountain side. Our friendly officers asked my friends what they were up to and whether they were out looking for shrooms. In their infintie wisdom they answered that they were indeed looking for shrooms and that there was nothing wrong with this. The officers dissagreed and told them that looking for shrooms was grounds for a search of them and their vehicle. This resulted in the discovery of a small amount of cannabis resin. My friends were then taken about 20 miles to a police station and officially cautioned. Now, i do of course realise the stupidity of my friends in allowing the search to take place but is this the sort of tactics we should expect from the guardians of our community and what is the legal status of attempting to deny them the right to search?

I have also recently read an article on erowid that claims that cultures in the mushroom stage are illegal to produce in the UK due to the fact that it points to an 'obvious intention to consume'.

As i am sure you can see everything is getting rather confusing around this subject and as usual it seems remarkably difficult to get to the information that matters.

I would therefore be enormously grateful to anyone that can clarify the situations above with some hard evidence.

I was inteneding to both venture out picking over the next few weekends and also to collect spore prints for cultivation but i am however now rather concerned as to whether the legalities that i thought we so clear and were for once on the side of the shroomer have now been changed to the meet the normal draconian measures applied to such fantastic plants and fungi.

Much obliged to you all for reading,
Out....
The eternal NippleHead.


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OfflineAnnoA
Experimenter
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Registered: 06/18/99
Posts: 24,122
Loc: my room
Last seen: 4 days, 3 hours
Re: Update on UK Law [Re: NippleHead]
    #1986097 - 10/07/03 06:14 AM (13 years, 6 months ago)



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Invisibleluvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,186
Loc: Lost In Space
Re: Update on UK Law [Re: Anno]
    #1987122 - 10/07/03 04:44 PM (13 years, 6 months ago)

illegible. Could you summarize?


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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InvisibleXlea321
Stranger
Registered: 02/26/01
Posts: 9,134
Re: Update on UK Law [Re: NippleHead]
    #1988824 - 10/08/03 01:47 AM (13 years, 6 months ago)

There are dozens of headshops in the UK selling live mycelium. I wouldn't worry about illegality until they get shut down.

As for picking, make sure you arn't trespassing on anyones land and don't have anything illegal in your car. You arn't going to be arrested for picking mushrooms - I imagine the cops have had complaints about "hippies picking shrooms" and decided to use some scare tactics.


--------------------
Don't worry, B. Caapi


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OfflineNippleHead
Mr
Registered: 10/07/03
Posts: 2
Loc: The Ground
Last seen: 13 years, 6 months
Re: Update on UK Law [Re: Xlea321]
    #1989310 - 10/08/03 06:47 AM (13 years, 6 months ago)

Obliged for the info people. Got some great stuff from the reform sites.

Must agree with the 'hippies picking shrooms' bit as the people in question certainly match that description.

Probably the best site in terms of legal drug info / search rights etc with regard to the uk can be found here:

Urban75 Rights Homepage


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InvisibleXlea321
Stranger
Registered: 02/26/01
Posts: 9,134
Re: Update on UK Law [Re: NippleHead]
    #1989584 - 10/08/03 11:36 AM (13 years, 6 months ago)

I got the word direct from the home office - fresh magic mushrooms are legal. As long as they're fresh you can do whatever the hell you like with em. The cops were obviously just after a few hippy scalps.


--------------------
Don't worry, B. Caapi


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InvisibleXlea321
Stranger
Registered: 02/26/01
Posts: 9,134
Re: Update on UK Law [Re: NippleHead]
    #1992872 - 10/09/03 11:51 AM (13 years, 6 months ago)

This is the home office take on things:

The psycybe mushroom or "magic mushroom" is not controlled under the Misuse of Drugs Act 1971, but it contains psilocin. A hallocinogen and pallocybin, an ester of psylocin, which are controlled as Class A drugs.
It is, of course, ultimately a matter for the courts to determine whether or not a substance is controlled under the Misuse of Drugs Act 1971 and whether any misuse of drugs offence has been committed, for example, the unlawful production, supply or possession of a controlled drug. I can therefor only give an opinion as to what the law permits.

There have been a number of court cases concerning the status of psilocybe mushrooms. The courts have held that a person is not in possession of a controled drug solely by reason of his being in possession of a naturally occuring substance -the mushroom- contaning that drug. The growing of psilocybe mushrooms and the gathering and possession of them do not contravene the Misuse of Drugs Act 1971.

It is, however, an offence under 1971 Act to possess a 'preparation' or 'product' of the controlled drug psilocin or psilocybin. The courts have held that where the nushrooms have been prepared (eg by drying or by making into powder) so that "they constitute a 'preparation' or 'product' of the Class A controlled drug psilocin. The courts have also held in the case of R.v. Hodder that psilocybe mushrooms that had been frozen and packaged constituted a product containing the Class A controlled drug.

- it is not illegal to grow and pick psilocbin mushrooms and eat them fresh;
- it is not illegal to sell or give away a growing kit as the mushrooms themselves are not controlled;
- it is not illegal to sell or give away a freshly picked mushroom provided that it has not been prepared in any way.
- In the light of the earlier court cases, it would be for the courts to determine whether chilling mushrooms in a fridge constituted altering them in any way.

I hope this is helpful. You may wish to seek legal advice as to the interpretation by the Courts of the term 'prepared'.


--------------------
Don't worry, B. Caapi


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