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LEGAL THREAT TO MUSHROOM SALES For over 6 months the sales of Magic mushrooms has rocketed. This in turn has caught the attention of the authorities. The lawyers at the Home Office have now clarified that, in their view, a form of preparation and production has occurred by the sale of magic mushrooms in markets & shops (and presumably over the www?).
They are relying on a case from 1990 where a person was successfully prosecuted for selling mushrooms that had been frozen. Having picked, packaged and frozen the mushrooms the court held that they had become a product, and therefore fell under the 1971 Misuse of Drugs Act. It would seem the whole issue for those retailing magic mushrooms at the moment is whether a court decides that those mushrooms in your fridge are a product/preparation or just a way of preserving the mushrooms in the same condition as they were in when picked. The growth in the use and sale of fresh mushrooms has prompted the police to look for and prosecute a test case and thereby try to gain clarification of the legal situation by a judgement in the Courts.
A man is currently awaiting trial who has been retailing fresh magic mushrooms from his shop premises and others elsewhere are being, or have been arrested, to our knowledge. He was charged by the police on 18th February with two counts of Intent to Supply Class A Drugs, namely Psilocin.
The solicitors dealing with this case are; M.J.Reed Solicitor, Trawsmawr Manor Farm Henfwlch Road Carmarthen Carmarthenshire SA33 6AE Mike Reed or Celia Strange: (01267) 281675 firstname.lastname@example.org - http://www.mjreedsolicitors.co.uk/ Hit the website, it has more info and also the full text of the latest letter from the Home Office on there.
What a waste of time and money trying to convict people.. they've got one succesful case 14 years ago involving processed Class A mushies which bears no relevance to fresh shrooms in a fridge. Maybe they're hoping if they keep taking people to court they'll eventually get some hardline judge who decides to make an example.
There was some really bad press over here tho, in one trashy Sunday newspaper here about 6 weeks ago I seen an article(didnt get to read it through because I was in work) where they sent an 11 year old girl undercover to buy shrooms from a market stall or similar.
I guess the authorities miss the black market. I'm no lawyer but in the case that made fresh mushrooms legal I believe the courts made it pretty clear what they considered a preparation...and its definately not just picking them...