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Adawg12
Chicken


Registered: 05/06/20
Posts: 45
Loc: Victoria, Australia
Last seen: 6 months, 16 days
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Laws on picking mushrooms in Victoria, Australia
#26701041 - 05/28/20 06:34 AM (3 years, 7 months ago) |
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Firstly sorry not too sure what category to post this in I’ve been picking for 2 years now and I’ve always wondered the actual legality of what I’m doing is. Like how illegal is it really to get caught picking psilocybin mushrooms.
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OOISI
Suburbanaut


Registered: 03/21/04
Posts: 2,394
Loc: SA
Last seen: 6 days, 5 hours
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Adawg12]
#26701048 - 05/28/20 06:37 AM (3 years, 7 months ago) |
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Its not legal. Its a class A drug.
-------------------- Subaeruginosa Guide Bless the Lord, O my soul O my soul Worship His holy name.
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MpSeph
Cow Field Creature



Registered: 06/17/19
Posts: 3,283
Loc: Gulf Coast USA
Last seen: 6 months, 4 days
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Re: Laws on picking mushrooms in Victoria, Australia [Re: OOISI]
#26701077 - 05/28/20 07:01 AM (3 years, 7 months ago) |
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It Is Illegal To Pick, Sell, Buy, Consume, Or Cultivate Psilocybin Mushrooms In Most Places.
However, It Is Not Illegal To Hunt Them, Study Them, Take In Situ Pictures Of Them, Or Share Information About Them.
-------------------- Tips For A Beginner Mushroom Hunter https://www.shroomery.org/forums/showflat.php/Number/27146775 One Who Hunts Mushrooms Is A Mushroom Hunter. One Who Eats Them Without Knowing What They Are, Is A Dumb Mushroom Hunter. - Seph
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Anglerfish
hearing things



Registered: 09/08/10
Posts: 18,643
Loc: Norvegr
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Adawg12]
#26701119 - 05/28/20 07:23 AM (3 years, 7 months ago) |
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A tip if you fear being caught red-handed while picking is to make yourself a little depot while you pick, i.e. stash the mushrooms in a hidden/discreet spot somewhere close to the patch, thus, if you should be unlucky you won't have anything on you if the cops come upon you. Then you can just gather the heap from your little sanctuary when you're done with the actual picking, and swiftly leave the area with your bounty.
Of course, if they're holding you and search the area they might find the mushrooms, and will probably suspect that they are yours, but can't technically prove anything. In such a case they are most likely going to try to pull some kind of confession out of you, but don't relent, and say as little as possible.
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,276
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Adawg12]
#26701362 - 05/28/20 09:44 AM (3 years, 7 months ago) |
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Psilocybin mushrooms are rather heavy when fresh, so picking them in Australia can be charged as trafficking, and can result in a lengthy prison sentence.
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Adawg12
Chicken


Registered: 05/06/20
Posts: 45
Loc: Victoria, Australia
Last seen: 6 months, 16 days
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Alan Rockefeller]
#26702223 - 05/28/20 04:46 PM (3 years, 7 months ago) |
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Yes I understand it’s illegal but wanted to know how illegal is it for example if I was caught with 400grams wet of mushies what sort of trouble would I end up in
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Biscuits



Registered: 06/29/17
Posts: 162
Loc: In a society
Last seen: 2 years, 7 months
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Adawg12]
#26702288 - 05/28/20 05:22 PM (3 years, 7 months ago) |
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Ok let's see here.
according to https://aivl.org.au/law/vic/,
possessing a "small quantity" (<0.1g pure psilocybin, which is around 10g dried, 100g wet of subs I believe?) is a max penalty of $4560 and/or 1 year imprisonment.
A traffickable quantity (<100g pure, so 10kg dried, 1 ton wet [really??]) is up to $60,800 and/or 5 years imprisonment
commerical quantity, so above that 1 ton wet, is max 25 years in jail, and if you go to "large commercial" which is ambiguous, you will get up to $760,000 and life.
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Anglerfish
hearing things



Registered: 09/08/10
Posts: 18,643
Loc: Norvegr
Last seen: 6 hours, 18 minutes
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Adawg12]
#26702291 - 05/28/20 05:24 PM (3 years, 7 months ago) |
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Check the following link under "Hallucinogens and the law":
https://www.australianpolice.com.au/main-drug-index-section/hallucinogens-drug-info/#law
Just be careful and don't get caught. 400 grams is quite a lot, so if I were you I'd lower my ambitions a bit and stick to picking smaller amounts each time you're out hunting. Follow my above advice, stash them in a nearby thicket or something similar so you aren't physically in contact with them.
I don't know if you have a public court register like we do in Norway where I live, but if so you could probably check for cases involving psilocybin mushrooms and see what kind of sentences have been given in real specific cases, and under what conditions the prosecution was carried out.
Remember that if you are under suspicion without clear evidence the police are likely to do their utmost to trick you into confessing. If you happen to get in such a situation, NEVER speak to them before you have an attorney. It can be tough, since the police are often very routined in trapping people, this is in my experience especially common if the suspected offender is young.
But you should probably wait for response from someone more familiar with your country, I have never had an encounter with Australian police.
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Nickoloxious
Forest solivagant



Registered: 06/18/17
Posts: 2,405
Loc:
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Anglerfish]
#26702658 - 05/28/20 08:19 PM (3 years, 7 months ago) |
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Same as any other class a drug. If you’re caught with such an amount, you will be heavily fined and probably face a short prison sentence if you can’t post bail. You’ll have your criminal record marked & thereby you’re future employment opportunities and international travel freedoms diminish greatly. If you’re selling them for profit than the sentence and fines are a lot more severe. As shown in the link Anglerfish posted.. Also I could imagine they would slap some other bullshit charge to raise revenue like picking native fungi in a public/private space.
No need limit what you pick to avoid these charges, just remain calm and confident if you’re passing them with backpack loaded with the days finds, keep your head down they’re trained to spot nervous behaviour.. I honestly think they target the more imported or crudely manufactured drugs, probably even the privately cultivated like cannabis. I would imagine if they get a phone call from a pedestrian Pete about some strange fellow foraging around the local parks I assume it would be quite low on their priority list.
So long as the Australian police force serve as goons of the federal state against the public, I’m gonna keep saying it;
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Rumblefish
Stranger

Registered: 05/11/20
Posts: 82
Last seen: 6 months, 30 days
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Nickoloxious]
#26702674 - 05/28/20 08:31 PM (3 years, 7 months ago) |
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There's a REALLY interesting story on Youtube about getting caught with Mushies. Look up 'My mate Tom' Youtube page.
I have a few methods to help stop suspicion and it depends on where I'm hunting. One of the spots I have is alongside a reasonably busy road, I got asked what I was doing the other day and I said my now ex GF said she threw my wallet out her car window on this road after an argument and I'm trying to find it. It worked as the guy asking felt sorry for me!! I never carry a shopping bag but usually a maccas or HJ's brown bag so it looks like I just picked up some rubbish. I have also used a garbage bag and collected rubbish as I go with the maccas bag inside the garbage bag for the mushies. This worked but it's a pain if there is a heap of rubbish and you fill up your bin at home pretty quickly! If I'm looking in the bush, I don't worry too much about hiding it!
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Adawg12
Chicken


Registered: 05/06/20
Posts: 45
Loc: Victoria, Australia
Last seen: 6 months, 16 days
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Re: Laws on picking mushrooms in Victoria, Australia [Re: Rumblefish]
#26703108 - 05/29/20 12:58 AM (3 years, 7 months ago) |
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Thanks for the insight guys really good to know the severity of what I’m actually doing can be, I’ll definitely try to be less suspicious and more confident in my hunting for subs.
I haven’t had any close calls with the law but definitely a few people have asked if I was looking for mushrooms in the past, all have been very pleasant people so nothing for me to be worried about just worried one day they won’t be so pleasant.
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