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Yarry
Old Timer


Registered: 01/04/04
Posts: 23,762
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Canada legality?
#2223590 - 01/06/04 03:31 PM (20 years, 4 months ago) |
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Just wondering if anyone knows some mycological legalities in canada. Its my understanding that its pretty much legal to have spores, mycelium, and live shrooms, just not dried ones. can anyone confirm or deny this?
-------------------- Grumpy Old Man.
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Haoma
immortal
Registered: 01/19/04
Posts: 63
Last seen: 19 years, 9 months
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Re: Canada legality? [Re: Yarry]
#2261388 - 01/21/04 10:16 PM (20 years, 3 months ago) |
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that's what I have been told as well. But, I have also heard of ppl gettin busted growing mushrooms. So who knows....
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trendal
J♠


Registered: 04/17/01
Posts: 20,815
Loc: Ontario, Canada
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Re: Canada legality? [Re: Yarry]
#2262707 - 01/22/04 12:08 PM (20 years, 3 months ago) |
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It used to be the case (pre 1997) that any form of fresh/living mushrooms were exempted from the law.
The current drug laws, which were enacted in 1997 (I think), make no such distinction for mushrooms...so it is most likely the case that ALL forms of mushrooms containing psilocin/psilocybin are completely illegal. Only spores would be exempt, as they don't contain the said drugs.
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Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.
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Yarry
Old Timer


Registered: 01/04/04
Posts: 23,762
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Re: Canada legality? [Re: trendal]
#2263063 - 01/22/04 02:54 PM (20 years, 3 months ago) |
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I dont think thats the case tho, at least not for mycelium. There are online websites that will sell mycelium kits to canada.. i duno tho, not quite sure
-------------------- Grumpy Old Man.
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theshiftingwalls
Divine state

Registered: 06/18/03
Posts: 4,128
Loc: Residing in thee Universa...
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Re: Canada legality? [Re: Yarry]
#2264746 - 01/23/04 02:26 AM (20 years, 3 months ago) |
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Mycelium and spores are legal. Bottom line.
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trendal
J♠


Registered: 04/17/01
Posts: 20,815
Loc: Ontario, Canada
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Re: Canada legality? [Re: Yarry]
#2264964 - 01/23/04 05:43 AM (20 years, 3 months ago) |
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Ok maybe this will shed some light on the issue:
http://laws.justice.gc.ca/en/C-38.8/text.html
Quote:
(2) For the purposes of this Act,
(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
(emphasis added)
Also (in Schedule III):
Quote:
11. Psilocin (3--[2--(dimethylamino)ethyl]--4--hydroxyindole) and any salt thereof 12. Psilocybin (3--[2--(dimethylamino)ethyl] --4--phosphoryloxyindole) and any salt thereof
Notice that there are no exceptions listed after the lines for psilocin/psilocybin. In the old code, mycellium and other FRESH forms of mushrooms were specifically exempted from the law, much like Peyote is exempted from the current law:
17. Mescaline (3,4,5--trimethoxybenzeneethanamine) and any salt thereof, but not peyote (lophophora)
If they intended mycelium (or anything else containing psilocin/psilocybin) to be exempted, I would think that they would actually list it as exempted. They didn't.
If you are caught with growing psilocybe mushrooms at any stage the chances are you will be in trouble with the law.
Get yourself a good lawyer is about the best you can hope for
--------------------
Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.
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trendal
J♠


Registered: 04/17/01
Posts: 20,815
Loc: Ontario, Canada
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Re: Canada legality? [Re: trendal]
#2264969 - 01/23/04 05:50 AM (20 years, 3 months ago) |
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Up until a year or two ago, Erowid had info on this listed in their Law section for Mushrooms.
It said that the OLD Canadian drug laws had all forms of fresh and growing mushrooms exempted from the law - only dried mushrooms (intent to consume) were illegal. It then stated that should the new law be passed (Bill C-38) all forms of mushrooms would be illegal, including the growth stages.
Again: the new law does NOT differentiate between "mushrooms" and "psilocybin". Psilocybin is illegal, and anything which contains it is also illegal. End of story!
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Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.
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Yarry
Old Timer


Registered: 01/04/04
Posts: 23,762
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Re: Canada legality? [Re: trendal]
#2265848 - 01/23/04 01:13 PM (20 years, 3 months ago) |
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then how do we manage to order mycelium rich kits from across the pond, but they will not send them to the US?
-------------------- Grumpy Old Man.
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trendal
J♠


Registered: 04/17/01
Posts: 20,815
Loc: Ontario, Canada
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Re: Canada legality? [Re: Yarry]
#2266051 - 01/23/04 02:41 PM (20 years, 3 months ago) |
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Probably the same way we manage to order absinthe and other borderline-illegal products from out of country 
Notice that no one sells mycellium in Canada?
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Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.
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Yarry
Old Timer


Registered: 01/04/04
Posts: 23,762
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Re: Canada legality? [Re: trendal]
#2266144 - 01/23/04 03:07 PM (20 years, 3 months ago) |
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yeah they do. i know of a website, i think their based in BC, they sell "canada kits" with mycelium, and US kits with spores
-------------------- Grumpy Old Man.
Edited by YarryShroomer (01/23/04 03:09 PM)
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fIsh in my head
fadedstar

Registered: 01/25/03
Posts: 1,151
Loc: 4500 ASL
Last seen: 23 days, 10 hours
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Re: Canada legality? [Re: Yarry]
#2266401 - 01/23/04 04:19 PM (20 years, 3 months ago) |
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Show me this website please.
.fs.
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Yarry
Old Timer


Registered: 01/04/04
Posts: 23,762
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check your pms
-------------------- Grumpy Old Man.
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trendal
J♠


Registered: 04/17/01
Posts: 20,815
Loc: Ontario, Canada
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Re: Canada legality? [Re: Yarry]
#2266523 - 01/23/04 05:02 PM (20 years, 3 months ago) |
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People often get away with selling things which are illegal as long as they remain low-key.
But I'll say it again: according to current Canadian law anything which contains psilocin and/or psilocybin is illegal.
If you are caught with any and they want to prosecute you, you will be charged with possession/production of a controlled substance.
If you don't want to listen to me...then don't. Go read the law: http://laws.justice.gc.ca/en/C-38.8/text.html
--------------------
Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.
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Yarry
Old Timer


Registered: 01/04/04
Posts: 23,762
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Re: Canada legality? [Re: trendal]
#2266577 - 01/23/04 05:20 PM (20 years, 3 months ago) |
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i beleive you. i was just tryin to figure out how this is possible
-------------------- Grumpy Old Man.
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