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InvisibleXlea321
Stranger
Registered: 02/26/01
Posts: 9,134
UK mushroom judge tells prosecutor to "Chill out"
    #3501403 - 12/15/04 01:43 AM (12 years, 5 months ago)

Magic mushroom case judge tells prosecutor: chill out

Mark Honigsbaum
Wednesday December 15, 2004
The Guardian

The law on the distribution and sale of magic mushrooms was thrown into disarray yesterday after a court decision to stay the prosecution of two men accused of illegally selling the hallucinogenic fungi at a record shop in Gloucester.
Arguing that Home Office advice to importers and distributors was "fudged", the crown court recorder Claire Miskin told Dennis Mardle and Colin Evans that the law was so ambiguous that to put them on trial amounted to an "abuse of process". She recommended that parliament consider new legislation to clarify the legal position.

It is the first time the issue of magic mushrooms has reached the crown court, though potential court actions are pending in Birmingham and Canterbury.

Mr Mardle, 52, and Mr Evans, 57, both from Gloucester, began selling magic mushrooms after reading an article in the Guardian last November which cited Home Office advice that while psilocin and psilocybin, the psychoactive constituents of the mushrooms, were illegal, it was "not illegal to sell or give away a freshly picked mushroom".

But earlier this year the Home Office wrote to mushroom importers saying that hallucinogenic mushrooms might constitute a "product" under the Misuse of Drugs Act if they had been "cultivated, transported to the marketplace, packaged, weighed and labelled".

Although the courts had previously ruled that it was legal to possess magic mushrooms except where they had been "altered by the hand of man", the Home Office also advised that merely chilling the mushrooms might constitute alteration.

It was on this basis that Gloucester police raided Mr Mardle's and Mr Evans's shop, Collectors Choice, in March, seizing four bags of mushrooms and one punnet from a fridge and six further punnets stored in a cool bag behind the counter.

The local prosecutor, Phillip Warren, told the court that while the law prohibited the freezing of the mushrooms, the legality of cooling or storing them in a fridge had never been tested and the case should go to trial in order to clarify the situation.

However, after hearing from experts that chilling did not alter the chemical makeup of the mushrooms, Ms Miskin ruled that to bring the case to trial would be a breach of the men's rights.

http://www.guardian.co.uk/drugs/Story/0,2763,1373963,00.html


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Don't worry, B. Caapi


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InvisibleSorted
Monkee
Registered: 12/27/98
Posts: 301
Loc: UK
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Xlea321]
    #3501986 - 12/15/04 04:04 AM (12 years, 5 months ago)

Common sense wins for a change. Did it really need all that time, effort and money to decide that putting a mushroom in a fridge doesn't alter it.


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InvisibleZippoZM
Knomadic
 User Gallery

Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Sorted]
    #3503270 - 12/15/04 01:38 PM (12 years, 5 months ago)

im supprised that the mushrooms cases keep going our way, woo ho maybee ill make to high street before this whole thing gets shut down after all


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PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


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InvisibleXlea321
Stranger
Registered: 02/26/01
Posts: 9,134
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: ZippoZ]
    #3503300 - 12/15/04 01:43 PM (12 years, 5 months ago)

Looking good for the moment.. :thumbup:


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Don't worry, B. Caapi


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InvisibleThin White Duke
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Registered: 10/20/04
Posts: 51,530
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Xlea321]
    #3503321 - 12/15/04 01:47 PM (12 years, 5 months ago)

We are gonna prevail muahahahaha


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InvisibleSorted
Monkee
Registered: 12/27/98
Posts: 301
Loc: UK
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Thin White Duke]
    #3504208 - 12/15/04 05:25 PM (12 years, 5 months ago)

http://news.scotsman.com/latest.cfm?id=3892131

Magic Mushrooms Law Probe Move

By Nick Mead, PA Political Staff

The law relating to magic mushrooms is being examined by the Government, it was disclosed tonight.

Junior Home Office minister Caroline Flint pledged to take the "necessary steps to ensure it is clear that it is unlawful to import, export, supply or possess with intent to supply magic mushrooms."

Under existing legislation it is not an offence to grow, gather, possess or sell fresh magic mushrooms.

However, the hallucinogenic chemicals in them are controlled as class A drugs under the Misuse of Drugs Act.

During a series of court cases it has been held that once the mushrooms have been dried, made into a powder or frozen they are covered by the Act.

This loophole has led to fresh hallucinogenic mushrooms being sold openly by market traders and on the internet.

Ms Flint said tonight: "We are currently examining the position."

She was replying to a Commons written question from shadow Home Office minister Cheryl Gillan asking what plans there were to make the selling of fresh magic mushrooms a criminal offence.


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InvisibleSorted
Monkee
Registered: 12/27/98
Posts: 301
Loc: UK
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Sorted]
    #3512930 - 12/17/04 11:42 AM (12 years, 5 months ago)

http://news.scotsman.com/politics.cfm?id=1442002004

Magic mushrooms face ban

THE government today announced it was making raw magic mushrooms an illegal drug in the UK for the first time.

Currently it is legal to pick and eat the fungi but not to prepare them, by drying them out or brewing them as a drink.

This concentrates the hallucinogenic agent in the mushrooms and therefore renders them illegal. The move in today's Drugs Bill published by new Home Secretary Charles Clarke will affect Scotland, officials confirmed.

It follows growing concern over shops and small businesses farming, harvesting and selling the mushrooms as a small-scale commercial operation.


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InvisibleXlea321
Stranger
Registered: 02/26/01
Posts: 9,134
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Sorted]
    #3512988 - 12/17/04 11:57 AM (12 years, 5 months ago)

Back to the grow kits then.


--------------------
Don't worry, B. Caapi


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InvisibleSorted
Monkee
Registered: 12/27/98
Posts: 301
Loc: UK
Re: UK mushroom judge tells prosecutor to "Chill out" [Re: Xlea321]
    #3514677 - 12/17/04 07:42 PM (12 years, 5 months ago)

Probably banned aswell.. I'm sure mycelium will come under the "fungus (of any kind) which contains Psilocin or an ester of Psilocin" part.


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