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sonoramo
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Registered: 02/27/19
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Loc: California, baby!
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The California Psilocybin Mushroom Decriminalization Initiative is ready for petition signatures 1
#26378166 - 12/12/19 10:06 PM (4 years, 1 month ago) |
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Maybe this is just not news anymore. The California Psilocybin Mushroom Decriminalization Initiative is now ready for you to pour your heart into getting California voters to sign the petition. Donate $$ or sign up to help at https://decrimca.org/
The second petition is not yet approved for signature gathering. It makes psilocybin mushrooms even more broadly available.
This news text is from: https://ballotpedia.org/California_Psilocybin_Mushroom_Decriminalization_Initiative_(2020)
California Psilocybin Mushroom Decriminalization Initiative (2020)
The California Psilocybin Mushroom Decriminalization Initiative (#19-0016 and #19-0027) may appear on the ballot in California as an initiated state statute on November 3, 2020.
Proponents filed two versions of the ballot measure. Both would amend state code to decriminalize the personal possession, cultivation, and use of psilocybin mushrooms without profit for persons who are at least 18 years old. The ballot measure would define psilocybin mushrooms as "fungal matter containing psilocybin, psilocyn, baeocystin, or nor-baeocystin, including spores."[1][2]
According to the Drug Enforcement Administration (DEA), psilocybin is a "chemical obtained from certain types of fresh or dried mushrooms." The mushrooms containing psilocybin are also known as magic mushrooms, hallucinogenic mushrooms, or shrooms. As of 2019, psilocybin was considered a Schedule I drug under the federal Controlled Substances Act and the state Controlled Substances Act.[3] Text of measure Ballot title
The official ballot title for Initiative #19-0016 is as follows:
“Decriminalizes Psilocybin Mushrooms. Initiative Statute.”
Petition summary
The summary provided for inclusion on signature petition sheets for Initiative #19-0016 is as follows:
Quote:
Decriminalizes under state law the personal possession, storage, use, cultivation, manufacturing, giving away or furnishing for personal use, or consumption of psilocybin mushrooms and the hallucinogenic chemical compounds contained in them (including psilocybin and psilocin). Applies to individuals at least 18 years of age, and individuals under 18 years of age with parental or guardian consent.[5]
The full text of the ballot measure is available for Initiative 19-0016 and Initiative 2019-0027.
https://oag.ca.gov/system/files/initiatives/pdfs/19-0016%20%28Psilocybin%202020%29_0.pdf
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PsychoReactive
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Registered: 05/22/09
Posts: 2,561
Loc: Cocalero
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Re: The California Psilocybin Mushroom Decriminalization Initiative is ready for petition signatures [Re: sonoramo] 1
#26378536 - 12/13/19 05:56 AM (4 years, 1 month ago) |
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Educate, tax and regulate.
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SurReality
PsychAdemic


Registered: 12/21/06
Posts: 11,808
Loc: Colorado, USA
Last seen: 1 year, 6 months
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Re: The California Psilocybin Mushroom Decriminalization Initiative is ready for petition signatures [Re: PsychoReactive]
#26394549 - 12/21/19 07:29 PM (4 years, 1 month ago) |
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Did California already lift their ban on spores?
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sonoramo
Contaminant



Registered: 02/27/19
Posts: 851
Loc: California, baby!
Last seen: 4 hours, 12 minutes
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Re: The California Psilocybin Mushroom Decriminalization Initiative is ready for petition signatures [Re: SurReality]
#26395920 - 12/22/19 04:26 PM (4 years, 1 month ago) |
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Quote:
SurReality said: Did California already lift their ban on spores?
Not as far as I know. Here, it's still a felony to sell or even give away spores. At least nominally, anyway. So I make it a point to leave spore prints unguarded, so that others get a chance to steal them from me. That's a possession misdemeanor on me, and a petty theft misdemeanor on the recipient. And I might just steal back one of their spore prints. 
I've tried to search out when that law was put in place. In about 1982, I was able to purchase a P. cubensis spore print legally.
However, I live in the Bay Area. I don't know anyone who has actually suffered any legal consequence for possession, cultivation for personal use or even cultivation for therapeutic purposes.
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SurReality
PsychAdemic


Registered: 12/21/06
Posts: 11,808
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Re: The California Psilocybin Mushroom Decriminalization Initiative is ready for petition signatures [Re: sonoramo]
#26399058 - 12/24/19 12:19 PM (4 years, 1 month ago) |
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I don't believe state laws can carry felony sentencing. I'm no attorney, but I'm pretty sure a felony is a felony regardless which state of the country you're in.
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sonoramo
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Registered: 02/27/19
Posts: 851
Loc: California, baby!
Last seen: 4 hours, 12 minutes
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Re: The California Psilocybin Mushroom Decriminalization Initiative is ready for petition signatures [Re: SurReality]
#26399403 - 12/24/19 04:30 PM (4 years, 1 month ago) |
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Quote:
SurReality said: I don't believe state laws can carry felony sentencing. I'm no attorney, but I'm pretty sure a felony is a felony regardless which state of the country you're in.
Here's a commentary about California law, from William Kroeger, attorney-at-law. Every state has its own criminal code. In California, there's not a lot of distinction between mushrooms, mycelium and spores. Also no distinction between "selling" and "giving away." If you intend to give mushrooms, mycelium or spores away, you could be charged with a felony. If it's for your own use, it's a misdemeanor. You might even be able to avoid conviction if you do community service and promise not to do mushrooms again.
Quote:
California Penalties for Possession of Psilocybin Mushrooms
Despite its somewhat common use, psilocybin mushrooms are still a controlled substance in California. Thanks to Proposition 47, an initiative approved by California voters, simply possessing most drugs for personal use is a misdemeanor. This proposition was proposed in order to limit prison overcrowding and focus on rehabilitating those with addiction issues. However, some circumstances can lead to a felony charge for possessing psilocybin mushrooms. This is important, as the difference between a misdemeanor and felony charges can be measured by years.
Possession of Lower Quantities
If you are in possession of psilocybin mushrooms that you intend to use personally, you will likely be charged with a misdemeanor pursuant to California Health and Safety Code 11350. Known informally as “simple possession,” a conviction under this statute can carry a $1,000 fine, community service, and up to 1 year in jail. However, it is rare for first-time offenders to face jail time. These fines can go up if you have multiple convictions. It is also possible that a defendant with no criminal history may be eligible for a diversion program which allows that person to avoid a conviction if they meet certain requirements.
However, there are two major factors that can turn a misdemeanor charge into a felony. They include having a serious criminal history or possessing the drugs with the intent to sell them.
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