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mjshroomer
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Posts: 13,774
Loc: gone with my shrooms
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Ohio Trieds to make spores illegal 1
#1363174 - 03/10/03 12:42 PM (21 years, 24 days ago) |
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As Introduced
125th General Assembly Regular Session 2003-2004 H. B. No. 80
Representatives Core, Gibbs, Hollister, Hagan, McGregor, Fessler, Calvert, Setzer, Schaffer, Allen, S. Smith
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A BILL To enact sections 2925.031, 2925.042, 2925.071, and 1 2925.111 of the Revised Code to prohibit the 2 possession, sale, transportation, and cultivation 3 of spores or mycelium capable of producing 4 mushrooms that contain psilocin or psilocybin. 5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.031, 2925.042, 2925.071, and 6 2925.111 of the Revised Code be enacted to read as follows: 7
Sec. 2925.031. (A) No person shall knowingly sell or offer to 8 sell spores or mycelium capable of producing mushrooms that 9 contain psilocybin or psilocin. 10
(B) It is an affirmative defense to a charge under this 11 section that the sale of or the offer to sell spores or mycelium 12 capable of producing mushrooms that contain psilocybin or psilocin 13 is for bona fide research, instruction, or analysis if the sale of 14 the spores or mycelium is not a violation of federal law. 15
(C) Whoever violates this section is guilty of trafficking in 16 spores, a felony of the fourth degree. 17
Sec. 2925.042. (A) No person, with intent to violate section 18 2925.031 or 2925.071 of the Revised Code, shall knowingly 19 cultivate any spores or mycelium capable of producing mushrooms 20 that contain psilocybin or psilocin. 21
(B) It is an affirmative defense to a charge under this 22 section that the cultivation of spores or mycelium capable of 23 producing mushrooms that contain psilocybin or psilocin is for 24 bona fide research, instruction, or analysis if the cultivation of 25 the spores or mycelium is not a violation of federal law. 26
(C) Whoever violates this section is guilty of illegal 27 cultivation of spores, a felony of the second degree. 28
Sec. 2925.071. (A) No person shall knowingly prepare for 29 shipment, ship, transport, deliver, prepare for distribution, or 30 distribute spores or mycelium capable of producing mushrooms that 31 contain psilocybin or psilocin when the person intends to sell or 32 resell the spores or mycelium or when the person knows or has 33 reasonable cause to believe that another person intends to sell or 34 resell the spores or mycelium. 35
(B) Whoever violates this section is guilty of preparation of 36 spores for sale, a felony of the fourth degree. 37
Sec. 2925.111. (A) No person shall knowingly obtain, possess, 38 or use spores or mycelium capable of producing mushrooms that 39 contain psilocybin or psilocin. 40
(B) It is an affirmative defense to a charge under this 41 section that the obtaining, possessing, or using of spores or 42 mycelium capable of producing mushrooms that contain psilocybin or 43 psilocin is for bona fide research, instruction, or analysis if 44 the possession or use is not a violation of federal law. 45
(C) Whoever violates this section is guilty of possession of 46 spores, a felony of the fifth degree. 47
mj
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mjshroomer
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Registered: 07/21/99
Posts: 13,774
Loc: gone with my shrooms
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1363181 - 03/10/03 12:45 PM (21 years, 24 days ago) |
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WE should all send them a free print for their spore bank so they can use them to determine if anyone is using illegal spores in their redneck state.
However, I would like to point out that Ohio was the very statre to try to prosecute Larry Flynt for Pornography and it was also the host to the Robert maplethorpe Photography exhibit which they tryied as pornography and thanks tot he ACLU, the state lost both cases.
mjshroomer
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mjshroomer
Sage
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Posts: 13,774
Loc: gone with my shrooms
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1363185 - 03/10/03 12:46 PM (21 years, 24 days ago) |
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Does anyone here know what the penalties are for a fifth degree felony charge?
mj
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moe
I Eat Children
Registered: 02/04/03
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1363489 - 03/10/03 02:39 PM (21 years, 24 days ago) |
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When was this attempted?
-------------------- Many nice things suck.
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Effed
Registered: 05/15/02
Posts: 7,370
Loc: Daylight Slavings
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1363656 - 03/10/03 03:49 PM (21 years, 23 days ago) |
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Re: Ohio Trieds to make spores illegal
Who sounds like a redneck?
Lose the ego MJ.
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baraka
Registered: 07/15/00
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1363688 - 03/10/03 03:57 PM (21 years, 23 days ago) |
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FUCK THAT.
Good thing i got most cube strains already.
-------------------- This is the only time I really feel alive.
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baraka
Registered: 07/15/00
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1363709 - 03/10/03 04:01 PM (21 years, 23 days ago) |
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Oh i take a mild offense to the redneck comment. Ohio does have its share of white trash but still i hate how it gets grouped with KY.
-------------------- This is the only time I really feel alive.
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GGreatOne234
Stranger
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Posts: 8,946
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1365945 - 03/11/03 10:35 AM (21 years, 23 days ago) |
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aYs
I am the light.
Registered: 02/28/03
Posts: 378
Loc: Texas
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Re: Ohio Trieds to make spores illegal [Re: GGreatOne234] 1
#1366765 - 03/11/03 03:59 PM (21 years, 22 days ago) |
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5th degree is nothing... I have a 3rd degree felony AND a state felony on my record (state is the worst), plus like 5 misdemeanors and I'm only on 14 months probation... but I have a good lawyer...
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Xibalba
Stranger
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1367427 - 03/11/03 08:41 PM (21 years, 22 days ago) |
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I couldn't see such a bill not passing, in any state in which it was introduced...
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SafeHaven
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Re: Ohio Trieds to make spores illegal [Re: Xibalba] 1
#1408582 - 03/25/03 10:21 AM (21 years, 9 days ago) |
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So did this Bill pass? If not where is it at?
-------------------- As I sit here I ponder greater things.
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matts
matts
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c0ma
the pimp
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Re: Ohio Trieds to make spores illegal [Re: matts] 1
#1411648 - 03/26/03 01:05 PM (21 years, 8 days ago) |
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even if spores do become illegal, do you think it will be hard to send them through the mail? i mean god, you can get a pound of mj easily trhough us mail, and nobody will ever suspect a thing, but a tiny little spore print ? hehe let them try to take this away from us.. and they will see!
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Effed
Registered: 05/15/02
Posts: 7,370
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Re: Ohio Trieds to make spores illegal [Re: matts] 1
#1412876 - 03/26/03 10:41 PM (21 years, 7 days ago) |
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Thats good news!
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Effed
Registered: 05/15/02
Posts: 7,370
Loc: Daylight Slavings
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1467993 - 04/17/03 04:37 PM (20 years, 11 months ago) |
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Did it pass?
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chodamunky
Cheers!
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer] 1
#1468884 - 04/17/03 10:45 PM (20 years, 11 months ago) |
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Core, Gibbs, Hollister, Hagan, McGregor, Fessler, Calvert, Setzer, Schaffer, Allen, S. Smith
Are these the names of the worthless human beings who proposed this bill two years in a row? Morons.
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TheAaronious
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Re: Ohio Trieds to make spores illegal [Re: mjshroomer]
#26989243 - 10/16/20 10:09 PM (3 years, 5 months ago) |
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I know this is an old thread, but I've been really trying to find out the facts on this subject. It's difficult to navigate Ohio's official legislative page. But i found some additional information. It seems that a bill was introduced, but not actually passed.
124th General Assembly - Regular Session 2001-2002 H. B. No. 627 http://archives.legislature.state.oh.us/bills.cfm?ID=124_HB_627
But it did find this article; https://www.salemnews.net/news/local-news/2017/07/lisbon-man-sentenced-to-prison-for-growing-psilocybin-mushrooms/
Looks like he was not in possession of any actual mushrooms; but was charged and sentenced under the following Ohio laws; illegal manufacture of drugs, illegal assembly or possession of chemicals for the manufacture of drugs.
Here's the actual law in the Ohio revised code, and it seems they can charge you under this code https://codes.ohio.gov/orc/2925.041.
They could probably get you for spores or mycelium, but I'm not a lawyer. Stay safe out there y'all.
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