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Nearly arested for picking edibles...advice needed!!!
    #2139568 -

I took a recent trip with my girlfriend to ft. Canby state park in Washington last weekend. We just needed some time out of the city for a few days. As we were walking back from the beach I found a bolete and decided to pick it. After almost reaching our car I found some very interesting mushrooms that I decided to pick to identify. I was then aproached by a park ranger who asked to look in the bag I was holding. I showed him the mushrooms and he states that they are psilocybin mushrooms and says there is a sign as you drive into the park that states "no mushroom picking". I told him that I had no idea they were and didn't notice the sign. He then says that I could be going to jail but then ends up writing me a citation. He said if the lab does prove that they are psilocybin mushrooms I could still be charged with a felony.

So I have to go to court to deal with this citation. My offense is-
RCW 79A.05.165- Every person who:

(1) Cuts, breaks, injures, destroys, takes, or removes any tree, shrub, timber, plant, or natural object in any park or parkway except in accordance with such rules as the commission may prescribe.

I had no idea that picking a couple mushrooms could put me in this position. I doubt they will try to get the felony charge on me. I guess it follows under "natural object" but doesn't say anything specific about not picking mushrooms, even though there was a sign that I didn't see.

So my question is what exactly should I do about the situation? I also have to enter wheather I am guilty or not. Any advice greatly appreciated!!!

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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2139597 -

sounds like you're not the only one who got in trouble for picking in those parts last weekend...

whenever you enter a park and theres a big sign that says, "no mushroom picking" you first should DEFINITELY go hunting. but more importantly, be careful. look around before you leap into those bushes.

i'm not sure what the right answer is for this one, but good luck and let us know what happens.


--------------------
"Love says 'I am everything.' Wisdom says 'I am nothing.' Between the two, my life flows."


Puget Sound Mycological Society

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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2139599 -

They will probably offer a plea to you. I would ask to review the evidence against you before making any deal. I am devided in my feelings on pleas. On one hand if they have the evidence then it is a good deal for you but on the other hand I think people should always make the state prove it's case.

You should have said you found the bag on the ground. You basically already admitted to picking them. Write down exactly what was said. This might end up being important. Did you actually say you picked them? Maybe you found them already picked and on the trail. What does it say in the police report? Did he see you pick them?

It might be good to plead not guilty to picking them cause if they are active it might be and admission to do anything else.

And if it goes federal and you don't have a prior felony record get a lawyer and fight it hard. Although in this instance it might be good to plea to anything less than a felony. Once you get a felony your fuct.



--------------------
Be all and you'll be to end all

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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2139950 -

Plead guilty, I don't know very much about US law but the UK is far more relaxed with situation such as yours but here is what I could find.

If the mushrooms you picked contain psiloc(yb)in, you could be in some shit...

Quote:
RCW 69.50.4013
Possession of controlled substance -- Penalty. (Effective July 1, 2004.)
(1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

(2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.




Effective 1 July, 2004???, the below punishment is effective until July 2004. Washington is having a drug-law shake up I assume....

Quote:
c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.




If the mushrooms you picked aren't active you're probably looking at a misdemeanor and a small fine....



Im sure there are members with far more knowledge who can shed more light on this though.

Good luck


--------------------
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 (11/27/03 11:37 AM)

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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2139978 -

Quote:
mushi said:. My offense is-
RCW 79A.05.165- Every person who:

(1) Cuts, breaks, injures, destroys, takes, or removes any tree, shrub, timber, plant, or natural object in any park or parkway except in accordance with such rules as the commission may prescribe.


I'd plead innocent. The reason being you did not intentionally break the rules. Tell whomever you speak with that you were on a walk, and saw the interesting fungi, and took a specimen for microscopy purposes. Argue the tiny amount, and the idocy of processing such a miniscule offense when it was clear you weren't there to pick anything, and were just out to enjoy the park...is that not the truth after all?


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "

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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2141259 -

I say narc on God for manufacturing and distributing them to you.

:smirk:


 


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--------------------------------


Mp3 of the month: Wild Things- Another Colored Ink Drawing (A.C.I.D.)


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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2141558 -

Hire a lawyer, it'll be the best money you've ever spent.


--------------------
Yeah spinnin' around again
yea caught in a tailspin

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Re: Nearly arested for picking edibles...advice needed!!! [Re: mushi]
    #2152474 -

so? ne news? whats happening? :ooo:


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "

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