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Offlinewocka
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Registered: 10/26/07
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Legal to grow in Florida
    #22499351 - 11/09/15 08:09 AM (8 years, 2 months ago)

ok after I got caught picking and the cops told me florida is the only state where its not illegal. this is where the gray area began.
the state hasn't deemed psilocybe cubensis to be containers of psilycin? there for it cant be proved that they make you hallucinate. and they poison you more than make you hallucinate.

there for I have came to the conclusion florida is the only state where its legal to grow them indoors too. theyre not controlled at all! some one please give me an opinion


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InvisibleShroomerInTheRye
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Registered: 01/12/12
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Re: Legal to grow in Florida [Re: wocka]
    #22499364 - 11/09/15 08:15 AM (8 years, 2 months ago)

I'm not sure this is the place for this.  There's an Ask an Attorney thread by Enlil in the security forum.  You can ask there and get a better answer.  It sounds like the case you're talking about is Fiske v Florida.

Edit: link
http://www.shroomery.org/forums/showflat.php/Number/22499296#22499296


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Edited by ShroomerInTheRye (11/09/15 08:20 AM)


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Invisiblefilthyknees
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Registered: 03/08/13
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Re: Legal to grow in Florida [Re: wocka]
    #22500527 - 11/09/15 01:38 PM (8 years, 2 months ago)

No- you're thinking of New Mexico


--------------------
But if you're in a hurry, and really got to go
If you're in a hurry, might have to find out slow
That it's one thing to try and another to fly
You get there quicker just a step at a time
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OfflineAchillita
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Re: Legal to grow in Florida [Re: filthyknees]
    #22500548 - 11/09/15 01:45 PM (8 years, 2 months ago)

In new mexico you can grow for personal use.


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InvisibleShroomerInTheRye
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Re: Legal to grow in Florida [Re: Achillita]
    #22500551 - 11/09/15 01:47 PM (8 years, 2 months ago)

I'd really ask this in the link I posted above.  Honestly, Enlil and I went back and forth on this in another forum and I thought the same as y'all, but I was wrong.


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OfflinecronicrFacebook
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Re: Legal to grow in Florida (moved) [Re: wocka]
    #22500587 - 11/09/15 01:57 PM (8 years, 2 months ago)

This thread was moved from Security and Safety.

Reason:
:shrug:


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OfflinecronicrFacebook
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Re: Legal to grow in Florida (moved) [Re: wocka]
    #22500588 - 11/09/15 01:57 PM (8 years, 2 months ago)

This thread was moved from Mushroom Cultivation.

Reason:
:shrug:


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OfflinecronicrFacebook
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Re: Legal to grow in Florida (moved) [Re: wocka] * 1
    #22500589 - 11/09/15 01:57 PM (8 years, 2 months ago)

This thread was moved from Security and Safety.

Reason:
:shrug:


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InvisibleEnlilMDiscord
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Re: Legal to grow in Florida [Re: wocka]
    #22501458 - 11/09/15 05:11 PM (8 years, 2 months ago)

It is not legal to grow active mushrooms in any state in the U.S.


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InvisibleTheMaster
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Re: Legal to grow in Florida [Re: Enlil]
    #22502519 - 11/09/15 08:29 PM (8 years, 2 months ago)

New Mexico appeals court ruled on June 14, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. See Opinion: State of New Mexico vs. David Ray Pratt - June 14 2005

At the federal level growing active mushrooms is illegal. It seems the precedent exists at the state level for a solid defense if the grow is small and within the state of New Mexico.


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InvisibleEnlilMDiscord
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Re: Legal to grow in Florida [Re: TheMaster]
    #22502605 - 11/09/15 08:53 PM (8 years, 2 months ago)

This is why a little knowledge is dangerous. Pratt only stands for the proposition that growing mushrooms isn't manufacturing.  It doesn't make it legal.  Growing necessarily includes possession which is a crime in New Mexico.


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InvisibleTheMaster
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Re: Legal to grow in Florida [Re: Enlil]
    #22503273 - 11/10/15 01:19 AM (8 years, 2 months ago)

Yeah, some people have a bad little habit called selective perception.

Possession would still apply, but that would be better than a manufacturing charge.


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Invisiblefilthyknees
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Re: Legal to grow in Florida [Re: TheMaster]
    #22503566 - 11/10/15 04:38 AM (8 years, 2 months ago)

So presuming storing your stash at another house*, and not being caught in transit**, you'd have no problems growing personally in New Mexico or is there more to it. Don't wanna be selective.

Only think I can think of is the mushrooms still attached to the substrate being called possession when still in growth. :shrug: but .... Possession = as soon as they're picked(?)


--------------------
But if you're in a hurry, and really got to go
If you're in a hurry, might have to find out slow
That it's one thing to try and another to fly
You get there quicker just a step at a time
It's one thing to bark, another to bite
The show ain't over till you pack up at night


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InvisibleEnlilMDiscord
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Re: Legal to grow in Florida [Re: filthyknees]
    #22503808 - 11/10/15 07:18 AM (8 years, 2 months ago)

Possession = as soon at they fruit to the point of a measurable amount of a scheduled substance.

Attempt to possess = As soon as you decide to grow and take the first step in the process.


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Censoring opposing views since 2014.

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OfflineAlan RockefellerM
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Re: Legal to grow in Florida [Re: wocka]
    #22505966 - 11/10/15 04:33 PM (8 years, 2 months ago)

Quote:

Achillita said:
In new mexico you can grow for personal use.





No, possession is still a felony in New Mexico.  It's just that growing is not drug manufacture there, it is just possession/distribution.


Quote:

wocka said:
ok after I got caught picking and the cops told me florida is the only state where its not illegal. this is where the gray area began.
the state hasn't deemed psilocybe cubensis to be containers of psilycin?





Picking Psilocybes in Florida is a felony.  The only thing is that Fiske V. Florida case law decided that you shouldn't be charged if you don't know what the mushrooms are.  If you admit to knowing what they are, or they can prove it some other way, they can convict you.

This is/should be the case in all 50 states, Florida is the only state where it has been clarified in case law however.


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Invisiblemicro
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Re: Legal to grow in Florida [Re: Alan Rockefeller]
    #22506813 - 11/10/15 08:00 PM (8 years, 2 months ago)

I know in Florida possession was limited to the dried fruitbodies at one point.

That's probably what this is referring to.

I believe that has been overturned since then.

You'd probably need to look into the definitions in Florida law (www.law.cornell.edu gives all the states for state law)


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OfflineAlan RockefellerM
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Re: Legal to grow in Florida [Re: micro]
    #22508646 - 11/11/15 09:59 AM (8 years, 2 months ago)

Quote:

micro said:
I know in Florida possession was limited to the dried fruitbodies at one point.

That's probably what this is referring to.




No, that's not true.  It isn't about fresh or dried, it is about whether you know they are active or not.  If they are dried they assume you know and dried them for that purpose.  If they are fresh, maybe you are just innocent and curious and picking random mushrooms.  If you admit you know what they are, or maybe have a lot of just one kind, or have a drug record, or any number of other things, they can get you for fresh mushrooms.




Quote:

I believe that has been overturned since then.





No, it has not.


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Invisiblemicro
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Re: Legal to grow in Florida *DELETED* [Re: Alan Rockefeller]
    #22509815 - 11/11/15 03:21 PM (8 years, 2 months ago)

Post deleted by micro

Reason for deletion: dup



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Invisiblemicro
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Re: Legal to grow in Florida [Re: micro]
    #22509864 - 11/11/15 03:31 PM (8 years, 2 months ago)

That is what I think they are referring to when they say it is legal in Florida.

Not sure how I missed the 2nd part of your post; it may have been a stale page I was reading.

I never said the people saying that were accurate; it's obviously not legal to grow mushrooms.

And yes, if they can *prove* you had the intent to use them as such it would be prosecuted.

I'm not sure about past drug convictions though. The onus is still on them.

As long as you have plausible denial you will likely succeed.


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Any research paper or book for free
(Avatar is Maxxy, a character by Mizzyam, RIP)


Edited by micro (11/11/15 03:36 PM)


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OfflineAlan RockefellerM
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Re: Legal to grow in Florida [Re: micro]
    #22509983 - 11/11/15 03:56 PM (8 years, 2 months ago)

Quote:

micro said:
And yes, if they can *prove* you had the intent to use them as such it would be prosecuted.

I'm not sure about past drug convictions though. The onus is still on them.

As long as you have plausible denial you will likely succeed.





They don't need to prove that you had the intent to use them.  They only need to convince a judge that you knew what they were. 

Should be pretty easy if you are leaving a cow field with a big bag of only cubes, and much harder if you pick every mushroom you see and a few happen to be cubes.


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