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Registered: 02/14/04
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Florida Law *DELETED*
    #2486436 - 03/31/04 08:39 AM (14 years, 2 months ago)

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Re: Florida Law [Re: doc34]
    #2486634 - 03/31/04 11:09 AM (14 years, 2 months ago)

You are correct in guessing that the authorities in Florida will try to get the owner of the land to push for vigorous prosecution of trespassing. But it really is up to the owner of the land to decide.

As for the cultivation aspect, no joy there. Gathering wild mushrooms is only allowed in Florida because of a "presumption of ignorance" -- the court in Fiske ruled that it wasn't proven Fiske knew the mushrooms he had picked were psilocybes. That defense doesn't wash when it comes to cultivating your own.




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Re: Florida Law [Re: doc34]
    #2486797 - 03/31/04 12:50 PM (14 years, 2 months ago)

Cultivation is very illegal. The only way possesion of fresh mushrooms is legal is if you deny all knowledge of what your holding. The fiske case states that "unidentified wild mushrooms" can not be considered a conatainer for the two schedule 1 substances they contain. People often make the mistake of thinking fresh mushrooms are legal to possess in florida, that is NOT the case. As long as you know what to say to the cops, the worst you can get is the tresspassing charge....but they can attempt to prosecute you for possesion as well.

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General Interest >> Political Discussion

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