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Registered: 04/23/03
Posts: 83
Last seen: 13 years, 28 days
Legal status of mycelium vs. fruitbodies.
    #2066171 - 11/02/03 10:29 PM (14 years, 7 months ago)

I heard somewhere that the mycelium of p. cubensis is not illegal while the fruitbodies are. Can anyone shed some light on this?

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Re: Legal status of mycelium vs. fruitbodies. [Re: HillBilly777]
    #2066203 - 11/02/03 10:38 PM (14 years, 7 months ago)

it depends on where you live. in the united states, both are illegal.

in some places of the world, mycelium is legal but not mushrooms. in some places only dry mushrooms are illegal.

it all depends on where you live.

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Fred's son

Registered: 10/19/00
Posts: 12,949
Loc: Dominican Republic
Last seen: 3 years, 5 months
Re: Legal status of mycelium vs. fruitbodies. [Re: HillBilly777]
    #2066229 - 11/02/03 10:45 PM (14 years, 7 months ago)

Depends which country you are speaking of, and even which state if you are speaking of the US.

In California and Georgia, even spores of psilocybes are illegal.

In Florida, simple possession of psilocybes freshly picked from the wild is not illegal, therefore having a naturally-occurring mass of mycelium in your pasture or yard or meadow or possibly even your garden is not illegal.

But in every state, deliberate cultivation of psilocybes would fall under the heading of "manufacture of a controlled substance", since the end result of the cultivation results in psilocybin and psilocin. There have been some studies done with conflicting results which purport to show that p. cubensis mycelium contains almost no psilocin or psilocybin. I find this hard to believe after reading so many reports of people getting high (though admittedly not extremely high) by grinding up PF style cakes before they have pinned and extracting the goodies with cranberry juice or whatever. This would seem to indicate that at least in some cases, pre-fruiting mycelium contains some psilocin and/or psilocybin. The key word here is "some". If it is detectable through any kind of test, that's all the law requires.

But all this is moot. If you were caught with mycelial cultures, any prosecutor worth his salt could make a charge of "intent to manufacture" stick, and manufacturing a controlled substance is a far more serious charge than simple possession of a controlled substance. Better to be caught with a few dozen fresh-picked (or even dried) shrooms than a few dozen PF style jars.



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Ganja Goddess

Registered: 02/13/99
Posts: 1,617
Re: Legal status of mycelium vs. fruitbodies. [Re: HillBilly777]
    #2066255 - 11/02/03 10:51 PM (14 years, 7 months ago)

Howdy, I compiled the legal info page on this site:

Given, nobody has updated it or added all of the information that was originally presented.. but check the statutes there for your state and if the links are broken or there is nothing there, if you send me a PM with your state Ill see what I can dig up for you. Including applicable cases :smile:

The codes are the same though, even if the link doesnt work the statutes should be easily found, so the legwork is completed for ya :smile:

Good luck.


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