Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!
Test case could clarify law on sale of 'magic mushrooms'
THE sale of so-called "magic mushrooms" could be outlawed in Scotland after police arrested the man behind the country?s first ever cannabis cafe for supplying class A drugs.
The prosecution of Paul Stewart, who runs the Purple Haze Cafe in Leith, would be a test case that would establish whether selling the hallucinogenic fungi is a criminal offence.
The mushrooms contain the class A substance psilocybin but grow naturally, and it is not illegal to pick and eat them.
However, preparing the mushrooms in any way - such as making them into a tea as some users do - constitutes a criminal offence.
Anti-drugs campaigners have claimed that cutting the mushrooms from the ground or keeping them in a fridge could constitute preparation, something that would have to be decided by a court.
Scotland Against Drugs said it would watch the case with "great interest", adding that it could open up a "whole new avenue" to mount prosecutions.
The sale of magic mushrooms rocketed after the Home Office issued a letter to Mr Stewart and others saying that it was legal, provided they had not been prepared.
However this guidance has since been "clarified" and attention has been drawn to a case in 1990 when a magic mushroom seller was successfully prosecuted. The court held that as the mushrooms had been picked, packaged and frozen they had become "a product" and therefore something covered by the 1971 Misuse of Drugs Act.
In February, a shopkeeper in England who had been selling fresh magic mushrooms was charged by the police with intent to supply class A drugs and is currently awaiting trial.