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penalty for recieving spores in CA?
    #2000331 -

anyone aware of the laws regarding recieving cubensis spores in the mail in CA?


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ca'rouse (k-rouz)
intr.v.
To engage in boisterous, drunken merrymaking.

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Re: penalty for recieving spores in CA? [Re: TODAY]
    #2000340 -

I remember reading about some kid who got caught with spores and colonizing jars (In CA) that he was going to be charged with Food & Drug violations-no idea the penalties or time he'll spend though. I think he said something about an estimated 1 year in juvenile hall, but he wasn't 18. I don't believe it's regarded as a major crime at all.

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Re: penalty for recieving spores in CA? [Re: ImOver18]
    #2000368 -

okay, because a friend of mine is located in Ca and he is worried about spores being mailed to his home from a fellow shroomery member that he doesn't know. it is likely paranoia but who really knows if this guy is legit or the cops? i don't think the cops would go through the trouble of sending somebody a spore syringe through the mail just to bust them for it, but who knows? any thoughts on the matter?


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ca'rouse (k-rouz)
intr.v.
To engage in boisterous, drunken merrymaking.

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Re: penalty for recieving spores in CA? [Re: TODAY]
    #2002252 -

Anyone know if you can be charged with anything for shipping TO cali?

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Re: penalty for recieving spores in CA? [Re: TODAY]
    #2002642 -

http://www.cognitiveliberty.org/dll/mushroomlaw.htm

Is it legal to sell spores from mushrooms which contain psilocybin?

It?s not explicitly outlawed in any state except California and Georgia. In Georgia it's a misdemeanor to sell, or possess mushroom spores capable of producing psilocybin or psilocin when mature.
With respect to California, the short answer to your question is ?it?s not legal.? In other words, if a prosecutor was so inclined, he or she could charge a person with a felony for importing Psilocybe mushroom spores in to California. Under section 11391 of the California Health and Safety Code, it is a crime to transport, import, sell, furnish, give away, (or offer to do any these) ?any spores or mycelium capable of producing mushrooms or other material which contain? psilocybin or psilocin.

However, under the plain terms of the statute, the above actions are only a crime if done ?for the purpose of facilitating a violation of Section 11390? (Section 11390 makes it a crime to cultivate psilocybin-producing mushrooms with the intent to produce a controlled substance). In other words, it appears that it is perfectly legal to import Psilocybe mushrooms spores into California or sell them, so long as the spores are not intended to be used for cultivation. So, importing Psilocybe spore prints for the purpose of assisting mushroom identification, or for their natural beauty, or for any reason other than to facilitate cultivation appears legal under the statute.

As mentioned above, however, a person could be arrested just for importing the spores if the prosecutor believes he or she can show that the person intended to use them for cultivation. In fact, the average prosecutor, upon learning that someone in California was importing Psilocybe spore prints, would probably jump to the conclusion that the person intends to cultivate the mushroom. By showing that a search of the person?s home turned up petri dishes, agar, and/or books on cultivating Psilocybe mushrooms, a prosecutor might be able to construct an untrue but compelling circumstantial evidence case against a truly innocent mycophile who imported such spores for noncriminal purposes.

Lastly, under the California statutes, it is theoretically possible for a person whose ?research, instruction, or analysis? has been approved by the Research Advisory Panel, to legally import and cultivate psilocybin-producing spores or mycelium. (Cal. Health & Saf. Code sec. 11392.)


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~Joe Dirt

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Re: penalty for recieving spores in CA? [Re: shroomergurl]
    #2002692 -

shroomergurl said:
Anyone know if you can be charged with anything for shipping TO cali? 


i just wouldn't put a return address on the package. lol, hey shroomergurl  :cool: 


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ca'rouse (k-rouz)
intr.v.
To engage in boisterous, drunken merrymaking.

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Re: penalty for recieving spores in CA? [Re: Cow Shit Collector]
    #2002708 -

thank you for taking the time to spell out the law for me Cow Shit Collector! i appreciate it but in CA if it is illegal to possess spores capable of producing mycelium or mushrooms that contain psilocin then i would guess it is gonna be illegal.

so in FL do stores sell spores? like headshops or something. can you get spores at a local store because i think FL has the most relaxed shroom laws.


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ca'rouse (k-rouz)
intr.v.
To engage in boisterous, drunken merrymaking.

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Re: penalty for recieving spores in CA? [Re: TODAY]
    #2002897 -

I haven't found any stores here that will openly sell spores to anyone.  I doubt I ever would unfortunately (likely due to the sketchyness of a head shop also stocking psychedelic mushroom spores :wink:)
It is legal to pick any kind of mushrooms here, but there is a point, were picking them goes from legal to illegal.

I guess my take on it would be,
If your going to have spores sent to CA, (not that I would recommend it,  just to keep you safe i guess), DONT have them sent in syringe form.  A print in tin-foil is un-detectable really.

I'm guessing the law is really intended as a means of deturing any kind of magic mushroom growing.  I'm sure, almost anywhere, that if someone was caught with spore syringes, supplies, ect.  That if the D.A. was having a bad day(and u had no lawyer), you'd get some kind of intent to produce type charge tried on you.

EDIT:
Dont trade with anyone your not comfortable trading with


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_______________________________________
CSC

Life's a garden, Dig it!
~Joe Dirt

Off Topic Website

Edited by Cow Shit Collector (10/12/03 06:33 PM)

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Re: penalty for recieving spores in CA? [Re: Cow Shit Collector]
    #2003742 -

thank you CCC...i just really want to study these spores under a microscope, you know how it is :grin:

keep safe and thanks.


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ca'rouse (k-rouz)
intr.v.
To engage in boisterous, drunken merrymaking.

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Re: penalty for recieving spores in CA? [Re: TODAY]
    #2003785 -

The bane of ALLLLL of us :wink:


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_______________________________________
CSC

Life's a garden, Dig it!
~Joe Dirt

Off Topic Website

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Community > Security and Safety
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