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OfflineObscurities
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Cultivation setup caught up in a drug bust. Any advice for SWIM?
    #25173308 - 04/29/18 11:01 AM (6 years, 21 days ago)

So I heard of someone that's a friend of a friend that is asking for advice on their case. They had gotten caught up by a search warrant and had other schedule 1 narcotics which they were allegedly distributing. They were in the process of incubating some cakes for mushroom cultivation. They were about a week from the injection of spores. Is there any way possible to get charged for manufacturing of mushrooms specifically containing Psilocybin at this stage or would they have to be in the fruiting stage to determine whether or not they contain the compound? Basically does the cake contain psilocybin at this time or does it only contain psilocybin after the actual shrooms have sprouted? Thank you in advanced for all the support and facts.


--------------------
I don't always consume life changing experiences in edible form, but when I do it's with my rainbow unicorn kitten.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? [Re: Obscurities]
    #25173337 - 04/29/18 11:11 AM (6 years, 21 days ago)

Sorry man, doesn't sound good. After about a week the spores probably germinated and mycelium does contain psilocybin. Even with out that, having the spore syringes and growing jars is probably enough for intent to cultivate or whatever they call it.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Obscurities]
    #25173341 - 04/29/18 11:13 AM (6 years, 21 days ago)

This thread was moved from Mushroom Cultivation.

Reason:
Not a cultivation topic

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25173344 - 04/29/18 11:15 AM (6 years, 21 days ago)

Having the stuff to start a grow is intent to manufacture. Even if not inoculated.

They're not going to test for psilocybin. If you have syringes and jars it's intention

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OfflineObscurities
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25173371 - 04/29/18 11:36 AM (6 years, 21 days ago)

SWIM's response to this is how do they know whether or not it's just regular mushrooms like criminies opposed to the pyschedelic ones because I'm pretty sure it's not a crime to cultivate criminies or oysters and they have no proof that they contain psilocybin besides the maybe 1 cubic centimeter of mycelium in the center of the substrate. Also, appologies for the misthread I couldn't find a "legal" posting section.


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I don't always consume life changing experiences in edible form, but when I do it's with my rainbow unicorn kitten.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Obscurities]
    #25173386 - 04/29/18 11:45 AM (6 years, 21 days ago)

If they come to find them in the first place its because they already had enough reason to obtain a search warrant including thinking they're not criminis

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OfflineObscurities
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25173425 - 04/29/18 12:17 PM (6 years, 21 days ago)

They were looking for something else according to SWIM it was marijuana they were looking for and the police had no clue there was cultivation they thought it was just marijuana and for some reason the police had an idea of manufacturing of MDMA which had nothing to do with the person at all and they found no evidence of them manufacturing MDMA


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I don't always consume life changing experiences in edible form, but when I do it's with my rainbow unicorn kitten.

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Anonymous #1

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Obscurities] * 1
    #25174573 - 04/29/18 10:33 PM (6 years, 21 days ago)

From someone who has experienced this if they test the mycelium it will come back positive for psilocybin. Even though there was no mushrooms. I got a manufacturing a schedule 1 charge. But hey you never know they weren't fully colonized so maybe they'll be dumb and just test the PF cake without any mycelium on it. But I doubt it.

Edited by Anonymous (04/29/18 10:35 PM)

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Anonymous #2

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25174716 - 04/30/18 01:59 AM (6 years, 20 days ago)

If you’re growing oysters or whatever and happen to have your door kicked in while your cycle is between spore and fruit they automatically assume it’s illegal?  I assume it is because they had enough on you to kick in your door so everything is suspect right?

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #2]
    #25175045 - 04/30/18 07:31 AM (6 years, 20 days ago)

If they find oysters, stuff to grow shrooms, AND a cubensis syringe. That's intent.

If they find a growing guide for cubes or something like that, intent.

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OfflineObscurities
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25184601 - 05/04/18 06:07 PM (6 years, 16 days ago)

Apparently SWIM was just getting started. It's roughly a 35 day incubation period from injection date until mycelium is fully inoculated to a 5lb cake. It was less than 7 days from the injection date. Their charges read "possession with intent to manufacture of 5lb of psilocybin mushrooms." There were no shrooms, no mycelium. The only tangible thing they had pretaining to the possession we're grain bags that weighed 5 lbs so they just weighed the bags and considered grains as mushrooms but when they send it to the lab if they do then I assume it won't count as anything except possible manufacturing or conspiracy to manufacture. I don't know the full story as well. it's only word of mouth at this point. I figured I would get as much info since I am more linked on here then SWIM is.


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I don't always consume life changing experiences in edible form, but when I do it's with my rainbow unicorn kitten.

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OfflineObscurities
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Obscurities]
    #25184622 - 05/04/18 06:15 PM (6 years, 16 days ago)

Also for anyone that is saying that they knew enough to kick the door down, SWIM talked to his lawyer and found out they only knew about distribution of marijuana nothing to do with the mushrooms. The only reason they found out about the shrooms is because they flipped the building and searched every square inch of the place leaving no Stone unturned and apparently the cop that ran down got SWIM prior to this offense so he tried to hit him as hard as possible because the cop just is not fond of SWIM At all so the police wrote up the charges to make SWIM look as bad as possible.


--------------------
I don't always consume life changing experiences in edible form, but when I do it's with my rainbow unicorn kitten.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Obscurities]
    #25184642 - 05/04/18 06:23 PM (6 years, 16 days ago)

Yea i think you're missing the point if they're they're for weed they probably think your mushroom hobby is the psychedelic kind

No one uses swim either

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OfflineObscurities
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25184745 - 05/04/18 07:17 PM (6 years, 16 days ago)

They can't just automatically assume that the mushrooms are psychedelic because it was involved in a weed bust. They were there for the weed. That's like saying the chicken in the freezer was being used to manufacture drugs. Maybe the cop as a person can assume what they want but legally he can't. They have to get the facts and lab results showing that it was being used specifically to grow mushrooms containing psilocybin and not just some criminies/ portabellas. But also besides all this I created this post for insight into something I don't know too much about most of what I say is from reasearch I've done online: Wikipedia, erowid, etc... But some of it is my hypothesis based off of the reasearch I've done, past experiences with the law, and asking around. The main purpose was to bring up my points and try and get different opinions on what's going to happen and knowledge so that SWIM can take what he knows to a lawyer and figure it out we with the Lawyer. We've already got a lot of info on this and I'm sure SWIM appreciates all the info everyone is sharing.


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I don't always consume life changing experiences in edible form, but when I do it's with my rainbow unicorn kitten.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Obscurities]
    #25184849 - 05/04/18 08:22 PM (6 years, 16 days ago)

They can assume whatever they want they're cops not a judge/jury/lawyer/prosecutor. They say they found shit. Then its up to you to pay a lawyer and have shit tested to prove its not active if they hit you with intent to manufacture. If they hit you with production they test em. Intention to manufacture psilocybin is good enough bonus to add to finding weed and no brainer for a cop if they find some jars of mushroom shit that's what's going in their report. You could be hit with intention to manufacture psilocybin even if they tested negative. Because intention is different then production

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Anonymous #3

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25185436 - 05/05/18 06:50 AM (6 years, 15 days ago)

If they got your mycelium or syringes then they're going to incubate them at their drug lab and test them for sched 1, at which point they'll test positive. Best of luck brother.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3]
    #25185474 - 05/05/18 07:39 AM (6 years, 15 days ago)

No they aint lol
My buddy got busted for coke and weed. They found some shrooms stuff. It was "suspected psilocybin mushrooms" they never tested shit and it still was used against him in court

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25185626 - 05/05/18 09:26 AM (6 years, 15 days ago)

I think you have some confusion in some specific areas here, cause you keep mentioning these 2 things.

  Just because they got a warrant for selling pot, doesn't mean any other illegal shit doesn't count. A warrant allows them to search any where it's reasonable to find what they're after. In this case, bags of weed can be any where in the house so they can look in any drawer, under mattresses, etc. So all that shit is fair game for them to use.

  While it's true they don't know 100% it's magic mushrooms, it doesn't matter. They can charge you with it, and if you tried this "It could be portabellas" bullshit they'd just require some sort of testing or evidence to prove it. Of course you can't meet any kinda proof of that, and you'd just be digging yourself into a bigger hole.

  I get the sense you're looking for some technicality to get some evidence inadmissible or something like that. I don't think it's gonna happen, atleast in those 2 areas. I'm no expert, but your best bet might be let the lawyer do his thing and hope for a decent plea bargain. I've seen police collect as much as they can, then cut half of it out for a plea bargain.

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Anonymous #3

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25187156 - 05/06/18 07:31 AM (6 years, 14 days ago)

This is from their own microgram they used to put out (but since stopped)

Also you might want to copy and paste the links if you want to read them as they may show "www.shroomery.org" as the link referrer if you click them.


MAIL-ORDER PSILOCYBIN MUSHROOM SPORES IN GREAT FALLS, MONTANA

The DEA Western Laboratory (San Francisco, California) recently received a submission of three standard design, plastic, 12 milliliter syringes containing a clear liquid with very small black specks suspended in the solution, suspected to be aqueous suspensions of psilocybin mushroom spores. The exhibits were seized by the Postal Inspector in Great Falls, Montana Each syringe had a piece of colored tape wrapped around it; one red, one white, and one blue Each tape had a different alphanumeric code written on it, the meaning of which was not intuitively obvious. For prosecution purposes (attempt to manufacture psilocybin and/or psilocin, controlled substances), it was necessary to show both that the spores were viable (would grow mushrooms), and that the mushrooms grown from the spores contained psilocybin and/or psilocin. Visual examination of a drop of the liquid at 750x magnification revealed thousands of brownish colored, semi-transparent, oval shaped spores. Each solution was used to inoculate four different growth media: Potato, dextrose, yeas agar (PDY), dog food agar (DFA), malt extract agar (MEA), and brown rice powder and vermiculite. The basic procedures followed those provided in: Gross ST. Detecting psychoactive drugs in the developmental stages of mushrooms. Journal of Forensic Sciences 2000;45(3):527. [Further details not provided in accordance with Bulletin policy.] Mycelium growth was obtained Photo 5 with two of the syringes; analysis of samples of the mycelium by GC/MS and GC/IRD confirmed psilocin (see: Casale JF. An aqueous-organic extraction method for the isolation and identification of psilocin from hallucinogenic mushrooms. Journal of Forensic Sciences 1985;30(1):247). Transfer of the mycelium to a grow chamber resulted in mushroom growth (see Photo 5), and analysis of the dried mushrooms confirmed psilocin. This was the first submission of this type to the Western Laboratory

That's the general process they do when they get unknown spores or cultures, there's numerous micrograms that document them culturing spores. Their drug labs are so backed up nowadays who knows when/if they'll get around to it.

https://www.dea.gov/pr/micrograms/2003/03jul-mb.pdf

#2

- INTELLIGENCE ALERT -
SUSPECTED PSILOCYBE MUSHROOM SPORES IN DETROIT, MICHIGAN
The DEA North Central Laboratory (Chicago, Illinois) recently received three glass vials containing a clear solution, suspected Psilocybe mushroom spores in water. The exhibits were originally contained in three syringes, and were purchased in Detroit, Michigan by agents from
the DEA Detroit Division (details withheld in accordance with Microgram policy). The total net weight and volume of the samples was 35.9 grams (40.0 milliliters). A growth cycle was initiated for all three samples in order to determine whether or not Psilocybe mushrooms could be produced. A standard underground procedure was used (obtained from an Internet site; details withheld in accordance with Microgram policy). Mycelium growth was
observed after about 3 weeks; however, only two small mushrooms grew (which were harvested after 78 days). Analysis of methanolic extracts of the two mushrooms by GC/MS indicated no controlled substances, suggesting that the mushrooms were not Psilocybe mushrooms. It is unclear whether the sale was a scam, or if the solution was contaminated during the transfer from the syringes to the vials, or if there was some other unknown problem with the solution or cultivation procedures. This is the first time that a mushroom grow has been performed at the North Central Laboratory.

https://www.dea.gov/pr/micrograms/2005/mg0105.pdf

Those micrograms are pretty interesting reads, bummer they stopped releasing them, must have realized they weren't the only ones reading them.

Edited by Anonymous (05/06/18 07:39 AM)

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InvisiblebodhisattaMDiscordReddit
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3]
    #25187232 - 05/06/18 08:11 AM (6 years, 14 days ago)

If they find rando syringes in the mail yea they probably gotta do a little work

If they find rando syringes at a residence along with cultivation supplies. But they're there for weed. They'll assume your mushroom hobby is the psychedelic kind and have enough to get you with intent.

You and your lawyer will have to pay and provide testing evidence then argue it in court to prove otherwise

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3]
    #25188787 - 05/07/18 12:06 AM (6 years, 14 days ago)

Quote:

Anonymous #3 said:
...A standard underground procedure was used (obtained from an Internet site; details withheld in accordance with Microgram policy)...




Off topic, but this caught my eye. *eyes usernames suspiciously*

Carry on.

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Anonymous #1

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3]
    #25202169 - 05/13/18 10:35 PM (6 years, 7 days ago)

Quote:

Anonymous #3 said:
This is from their own microgram they used to put out (but since stopped)

Also you might want to copy and paste the links if you want to read them as they may show "www.shroomery.org" as the link referrer if you click them.


MAIL-ORDER PSILOCYBIN MUSHROOM SPORES IN GREAT FALLS, MONTANA

The DEA Western Laboratory (San Francisco, California) recently received a submission of three standard design, plastic, 12 milliliter syringes containing a clear liquid with very small black specks suspended in the solution, suspected to be aqueous suspensions of psilocybin mushroom spores. The exhibits were seized by the Postal Inspector in Great Falls, Montana Each syringe had a piece of colored tape wrapped around it; one red, one white, and one blue Each tape had a different alphanumeric code written on it, the meaning of which was not intuitively obvious. For prosecution purposes (attempt to manufacture psilocybin and/or psilocin, controlled substances), it was necessary to show both that the spores were viable (would grow mushrooms), and that the mushrooms grown from the spores contained psilocybin and/or psilocin. Visual examination of a drop of the liquid at 750x magnification revealed thousands of brownish colored, semi-transparent, oval shaped spores. Each solution was used to inoculate four different growth media: Potato, dextrose, yeas agar (PDY), dog food agar (DFA), malt extract agar (MEA), and brown rice powder and vermiculite. The basic procedures followed those provided in: Gross ST. Detecting psychoactive drugs in the developmental stages of mushrooms. Journal of Forensic Sciences 2000;45(3):527. [Further details not provided in accordance with Bulletin policy.] Mycelium growth was obtained Photo 5 with two of the syringes; analysis of samples of the mycelium by GC/MS and GC/IRD confirmed psilocin (see: Casale JF. An aqueous-organic extraction method for the isolation and identification of psilocin from hallucinogenic mushrooms. Journal of Forensic Sciences 1985;30(1):247). Transfer of the mycelium to a grow chamber resulted in mushroom growth (see Photo 5), and analysis of the dried mushrooms confirmed psilocin. This was the first submission of this type to the Western Laboratory

That's the general process they do when they get unknown spores or cultures, there's numerous micrograms that document them culturing spores. Their drug labs are so backed up nowadays who knows when/if they'll get around to it.

https://www.dea.gov/pr/micrograms/2003/03jul-mb.pdf

#2

- INTELLIGENCE ALERT -
SUSPECTED PSILOCYBE MUSHROOM SPORES IN DETROIT, MICHIGAN
The DEA North Central Laboratory (Chicago, Illinois) recently received three glass vials containing a clear solution, suspected Psilocybe mushroom spores in water. The exhibits were originally contained in three syringes, and were purchased in Detroit, Michigan by agents from
the DEA Detroit Division (details withheld in accordance with Microgram policy). The total net weight and volume of the samples was 35.9 grams (40.0 milliliters). A growth cycle was initiated for all three samples in order to determine whether or not Psilocybe mushrooms could be produced. A standard underground procedure was used (obtained from an Internet site; details withheld in accordance with Microgram policy). Mycelium growth was
observed after about 3 weeks; however, only two small mushrooms grew (which were harvested after 78 days). Analysis of methanolic extracts of the two mushrooms by GC/MS indicated no controlled substances, suggesting that the mushrooms were not Psilocybe mushrooms. It is unclear whether the sale was a scam, or if the solution was contaminated during the transfer from the syringes to the vials, or if there was some other unknown problem with the solution or cultivation procedures. This is the first time that a mushroom grow has been performed at the North Central Laboratory.

https://www.dea.gov/pr/micrograms/2005/mg0105.pdf

Those micrograms are pretty interesting reads, bummer they stopped releasing them, must have realized they weren't the only ones reading them.



What the hell is all this.the way that was written. Makes it sound as though possession of spore syringes is enough to charge Someone with a crime especially where it says
"For prosecution purposes (attempt to manufacture psilocybin and/or psilocin, controlled substances), it was necessary to show both that the spores were viable (would grow mushrooms), and that the mushrooms grown from the spores contained psilocybin and/or psilocin."

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25202545 - 05/14/18 05:27 AM (6 years, 6 days ago)

Duh having a spore syringe is enough. If you have cultivation supplies it's intent to manufacture. Most people don't have a microscopy setup for those spores lol.

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Anonymous #1

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: bodhisatta]
    #25203240 - 05/14/18 12:45 PM (6 years, 6 days ago)

No I mean the way they made it sound is they found just syringes in the mail. No supplies. I was always under the impression that you had to atleast have mycelium that had germinated and there for contained psilocybin to be charged with anything. Otherwise how do spore websites operate since many have spores and various types of supplies be it grain, spawn bags, filter patches, jars etc. all for sale and I assume in close proximity.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25203279 - 05/14/18 01:05 PM (6 years, 6 days ago)

They don't get a warrant in the first place. If someone caught a spore store selling weed or mushrooms and then they got raided the entire place would be intention to manufacture. Basically don't get cops in your place because if you do syringes turn into intention

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OfflineAlan RockefellerM
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25204182 - 05/14/18 07:43 PM (6 years, 6 days ago)

Quote:

Anonymous #1 said:
What the hell is all this.the way that was written. Makes it sound as though possession of spore syringes is enough to charge Someone with a crime especially where it says
"For prosecution purposes (attempt to manufacture psilocybin and/or psilocin, controlled substances), it was necessary to show both that the spores were viable (would grow mushrooms), and that the mushrooms grown from the spores contained psilocybin and/or psilocin."





Yes, it is.  Do you really think that they believe that all the spores are for microscopy?  Would a judge believe it?

Quote:

Anonymous #1 said:
No I mean the way they made it sound is they found just syringes in the mail. No supplies. I was always under the impression that you had to atleast have mycelium that had germinated and there for contained psilocybin to be charged with anything. Otherwise how do spore websites operate since many have spores and various types of supplies be it grain, spawn bags, filter patches, jars etc. all for sale and I assume in close proximity.




To be guilty of intent to manufacture a controlled substance, you have to decide to manufacture, and then you have to do one overt act to further your plot.    If you decide to grow Psilocybe, and then go buy jars, you are guilty of attempt to manufacture.

It's more common that people get charged with actual mushrooms, since they are easier for the crime lab to test.  But the law doesn't require that.

Spore websites operate in a grey area, and claim that the spores are not for cultivation.  Some spore websites won't deal with you if you mention that you are going to grow the spores.

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Anonymous #1

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Alan Rockefeller]
    #25204600 - 05/14/18 11:56 PM (6 years, 6 days ago)

Quote:

Alan Rockefeller said:
Quote:

Anonymous #1 said:
What the hell is all this.the way that was written. Makes it sound as though possession of spore syringes is enough to charge Someone with a crime especially where it says
"For prosecution purposes (attempt to manufacture psilocybin and/or psilocin, controlled substances), it was necessary to show both that the spores were viable (would grow mushrooms), and that the mushrooms grown from the spores contained psilocybin and/or psilocin."





Yes, it is.  Do you really think that they believe that all the spores are for microscopy?  Would a judge believe it?

Quote:

Anonymous #1 said:
No I mean the way they made it sound is they found just syringes in the mail. No supplies. I was always under the impression that you had to atleast have mycelium that had germinated and there for contained psilocybin to be charged with anything. Otherwise how do spore websites operate since many have spores and various types of supplies be it grain, spawn bags, filter patches, jars etc. all for sale and I assume in close proximity.




To be guilty of intent to manufacture a controlled substance, you have to decide to manufacture, and then you have to do one overt act to further your plot.    If you decide to grow Psilocybe, and then go buy jars, you are guilty of attempt to manufacture.

It's more common that people get charged with actual mushrooms, since they are easier for the crime lab to test.  But the law doesn't require that.

Spore websites operate in a grey area, and claim that the spores are not for cultivation.  Some spore websites won't deal with you if you mention that you are going to grow the spores.



So if I lived in a state where spores where legal for microscopy and somehow syringes where discovered in the mail. Would that be enough evidence to get a search warrant? Or would more have to be discovered . Like the syringes where shipped with a book on how to cultivate?

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25204838 - 05/15/18 05:13 AM (6 years, 5 days ago)

With a book, more than enough likely. But a extremely slim chance of it being brought to any ones attention unless you already done fucked up

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Anonymous #3

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Alan Rockefeller]
    #25205672 - 05/15/18 02:29 PM (6 years, 5 days ago)

I was shocked I just recently had to buy some spores and when they arrived, I was amazed to see that the vendor actually put instructions on how to properly Germinate jars and grow the shrooms 0.0

I messaged him ASAP to let him know I thought that was a terrible idea.

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Anonymous #1

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3]
    #25206498 - 05/15/18 09:57 PM (6 years, 5 days ago)

Quote:

Anonymous #3 said:
I was shocked I just recently had to buy some spores and when they arrived, I was amazed to see that the vendor actually put instructions on how to properly Germinate jars and grow the shrooms 0.0

I messaged him ASAP to let him know I thought that was a terrible idea.



Wow  You'd think anyone who was going to sell spores would have heard about what happened to psilocybinFanaticus.

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OfflineAlan RockefellerM
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3]
    #25217681 - 05/20/18 10:47 PM (6 years, 1 hour ago)

Quote:

Anonymous #1 said:
So if I lived in a state where spores where legal for microscopy and somehow syringes where discovered in the mail. Would that be enough evidence to get a search warrant? Or would more have to be discovered . Like the syringes where shipped with a book on how to cultivate?





That is up to the judge that they ask for the warrant, but I think it'd be enough for most judges.  The standard of evidence for a search warrant is probable cause, meaning it's more likely than not that a crime occurred.  Since most people who buy spores grow them, I think that'd be enough for probable cause.

It'd take a rather aggressive postal inspector though, most of them are more used to finding actual drugs than trying to make a case from spores.


Quote:

Anonymous #3 said:
I was shocked I just recently had to buy some spores and when they arrived, I was amazed to see that the vendor actually put instructions on how to properly Germinate jars and grow the shrooms 0.0

I messaged him ASAP to let him know I thought that was a terrible idea.





I've never heard of that, though I imagine they will probably get away with it.  In the 70's / 80's the feds were going after spore vendors aggressively, but they haven't in a long time.

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Anonymous #2

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Alan Rockefeller]
    #25232014 - 05/27/18 01:28 PM (5 years, 11 months ago)

How hard do you think it would be to find one of these syringe shops and find spores that have germinated within the syringe?

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #2]
    #25232019 - 05/27/18 01:32 PM (5 years, 11 months ago)

Not hard. But who cares. Oral sex is illegal and on the books in a few states(though federally unconstitutional) think its hard to find people giving head in Georgia?

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OfflineAlan RockefellerM
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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #2]
    #25239233 - 05/30/18 08:56 PM (5 years, 11 months ago)

Quote:

Anonymous #2 said:
How hard do you think it would be to find one of these syringe shops and find spores that have germinated within the syringe?





Why would anyone care if some of the spores germinated?

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Anonymous #3

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Alan Rockefeller]
    #25239509 - 05/31/18 12:17 AM (5 years, 11 months ago)

Probably because the whole "once germination has occurred you're manufacturing a schedule 1" ordeal

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Anonymous #2

Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Alan Rockefeller]
    #25239626 - 05/31/18 03:52 AM (5 years, 11 months ago)

Quote:

Alan Rockefeller said:
Quote:

Anonymous #2 said:
How hard do you think it would be to find one of these syringe shops and find spores that have germinated within the syringe?





Why would anyone care if some of the spores germinated?



Because you now have growing mycelium meaning you are officially “manufacturing” psilocybin.  I’m just wondering where do we draw the line here?  When playing by the rules now and getting black/white right/wrong I could see the potential for a headline to say “Spore vendor caught illegally manufacturing Schedule 1 drug.  Estimated street value of 14 cents was recovered today”.  I just want to define how far we’re willing to go here in order to keep the peace, protect and serve.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3] * 1
    #25241962 - 06/01/18 02:58 AM (5 years, 11 months ago)

Quote:

Anonymous #3 said:
Probably because the whole "once germination has occurred you're manufacturing a schedule 1" ordeal





It's not really like that - it's more like the cops find something sketchy, test it for psilocybin with gc/ms, and the charges stick if it's positive.  A few hyphae germinating won't produce more than a few nanograms of psilocybin, so there would be no positive test.  A colonized petri dish, maybe.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #3] * 1
    #25265403 - 06/13/18 11:10 AM (5 years, 11 months ago)

Quote:

Anonymous #3 said:
Probably because the whole "once germination has occurred you're manufacturing a schedule 1" ordeal



To be clear, there is no such thing as being guilty of "intent to manufacture."  That is not a crime.  ATTEMPT to manufacture is a crime, and it occurs as soon as you form the intent to manufacture AND take a step (or a significant step, depending on the state) in furtherance of that goal.  Intent alone is not enough.

Whether cultivation supplies and a spore syringe are enough evidence to convict for attempt is up to the jury.  For a defendant, that's not a great bet if it goes to trial, though.  In any case, it's definitely enough to charge.


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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Enlil]
    #25265427 - 06/13/18 11:23 AM (5 years, 11 months ago)

Bummer man. Dudes busted strait up. I wonder what kind of vacation time it will bring? I know lots of mycologists but none who got caught. Anyone know what kinda time getting popped brings?


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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Enlil]
    #25266645 - 06/13/18 08:25 PM (5 years, 11 months ago)

Quote:

Enlil said:
Quote:

Anonymous #3 said:
Probably because the whole "once germination has occurred you're manufacturing a schedule 1" ordeal



To be clear, there is no such thing as being guilty of "intent to manufacture."  That is not a crime.  ATTEMPT to manufacture is a crime, and it occurs as soon as you form the intent to manufacture AND take a step (or a significant step, depending on the state) in furtherance of that goal.  Intent alone is not enough.

Whether cultivation supplies and a spore syringe are enough evidence to convict for attempt is up to the jury.  For a defendant, that's not a great bet if it goes to trial, though.  In any case, it's definitely enough to charge.




Couldn't you pick up a conspiracy if you talked about it and someone else took a step in furtherance of the crime?

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Kryptos]
    #25266700 - 06/13/18 08:54 PM (5 years, 11 months ago)

Maybe, but how do you prove that?


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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Enlil]
    #25266733 - 06/13/18 09:13 PM (5 years, 11 months ago)

I guess if you were recorded talking about how to manufacture.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Anonymous #1]
    #25266749 - 06/13/18 09:21 PM (5 years, 11 months ago)

Maybe.  That's not in our fact pattern.


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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: Enlil]
    #25337307 - 07/20/18 04:11 PM (5 years, 9 months ago)

So I have various spores around I have collected through trades, some psychedelic, many not. I haven't actually grown psychedelics in awhile, I have plenty of grow supplies and some edibles and medicinals being grown. Am I to believe that I could be convicted with intent to manufacture simply for possessing psychedelic mushroom spores despite literally having no intent to do so?

I know I can be CHARGED with it, you can be charged with literally anything, but it would seem rather difficult to prove intent in court under the circumstances. Regardless if I intend to grow these or not however they're valuable, I can trade them for other things (how I acquired them to begin with), I could grow them if they became legal, etc, they take up little space so why would I throw them away? That seems to me like charging someone for having money because they COULD buy cocaine with it. It seems rediculous to charge someone simply for possessing spores and grow equipment alone. Maybe that's my fault for trying to assume courts operate on logic or that drug laws are supposed to make sense.

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Re: Cultivation setup caught up in a drug bust. Any advice for SWIM? (moved) [Re: krypto2000]
    #25338390 - 07/21/18 05:28 AM (5 years, 9 months ago)

It's not really that ridiculous. You did have intent, that's why you got the spores. Just because you aren't actively growing psychedelics now doesn't change the fact that you did commit a crime, and currently possess all the things you used to commit that crime. Things like psilocybe spores who's only real use is for committing that crime. Keep in mind tho that if police show up at your door, it's going to be because they already have reason to believe you're cultivating psychedelics, so spores and grow equipment is just confirming what they have already been lead to believe about you.

That being said, spores aren't illegal, so as long as you don't have a syringe or print or something with a psilocybe cubensis label on it, and you're actively cultivating different edible mushrooms, I doubt you'd have anything to worry about if you don't actually have any intent. Doubly so if nobody knows anything about you ever growing psychedelics. I can't imagine they'd send spores to the lab to grow out and see if any are psilocybin producers when you've got fresh oysters and such growing and your story checks out. But you know your situation better than I do.

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