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Registered: 03/24/05
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Mushroom Laws
    #3965615 - 03/24/05 06:08 PM (12 years, 7 months ago)

OK, I looked in the forums for a long tiem and still couldn't find teh answer to my question, so please don't get mad at me if it has already been asked, but I looked and couldn't find it. Anyways

What are the laws on mushrooms. Say I'm growing a nice cubensis Amazon plant and the cops find it somehow ro another. What would happen to me? Would I get fined? Goto jail? What? I've even looked on google, but I can only find the laws conserning cannibis plants, not any mushrooms. Thanks.

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Senior ChildMolestationExpert
Registered: 06/12/03
Posts: 3,104
Loc: florida
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Re: Mushroom Laws [Re: vegeoku]
    #3965646 - 03/24/05 06:15 PM (12 years, 7 months ago)




Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This makes them illegal to buy, sell, or possess without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.

Because spores contain no psilocybin or psilocin, they are legal to sell and possess (in all states except California and Georgia). But in most states, it is illegal to cultivate or propogate spores into mycelium since mycelium generally contains both psilocybin and psilocin.



Florida #
Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.

Hah Florida is the cubensis capital of the US I think.

It is better to be hated for what you are than to be loved for what you are not. -Andre Gide

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old hand

Registered: 02/14/04
Posts: 4,102
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Re: Mushroom Laws [Re: vegeoku]
    #3965709 - 03/24/05 06:32 PM (12 years, 7 months ago)

If the police find you growing cubesis mushrooms, you'll probably be charged with manufacturing a controlled substance. Probably means prison, possibly for a long time.

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horrid asshole

Registered: 02/11/04
Posts: 81,741
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Re: Mushroom Laws [Re: phi1618]
    #3966080 - 03/24/05 08:15 PM (12 years, 7 months ago)

Scroll down a little bit to the "PF story, a good read" thread for the legal tribulations. I'll even post on it to move it up for you. There not always the same but they all suck.


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