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OfflineRugbyhooker
Shroomer
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Registered: 09/13/04
Posts: 173
Loc: Canada
Last seen: 8 years, 10 months
Legality of Canadian site selling mushrooms
    #4094437 - 04/25/05 10:27 AM (12 years, 1 month ago)

As of late I've been thinking about taking my friends growing abilities in a new direction. Looking on the internet I come across many european sites selling fresh mushrooms. Since the laws in the UK and the other countries allowing this are similar to Canadian law what would stop a Canadian vendor from doing the same thing?
I know that selling any product as a narcotic is considered trafficing so the mushrooms could only be sold for microscopic study or for decorative purposes. If you look at the immigration trial of Steve Kubby ( HERE ) you will see that justice Dyck stated "Dyck noted that possession of live mushrooms is legal and only the dried form is illegal, in Canada." So if the mushrooms were sent overnight delivery still wet in plastic food grade containers I can see no legal issue with selling them.
I am going in to talk to a lawyer friend of mine later this week to get his opinion on this and get some case records on people who have been caught selling mushrooms to see what the outcome of the trials have been.
As long as you only send to Canadian addresses, send then fresh, clearly state that they are not for human consumtion and sell them purely for asthetic and scientific purposes I can see no reason this would be illegal. I want to work with my lawyer friend so that if the RCMP decided to raid the operation I would have legal standing to sue them for loss of income. All I would have to do is dispose of any mushrooms I could not get rid of fresh and have none lying around dried.
Just thought I'd post here to see what the prevailing opinion is on this endevour.

-RugbyHooker


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Slowcoaster


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InvisibleLe_Canard
The Happy Mutant

Registered: 05/17/03
Posts: 94,097
Loc: Earthfarm 1 Flag
Re: Legality of Canadian site selling mushrooms [Re: Rugbyhooker]
    #4094463 - 04/25/05 10:38 AM (12 years, 1 month ago)

Quote:

Rugbyhooker said:
If you look at the immigration trial of Steve Kubby ( HERE ) you will see that justice Dyck stated "Dyck noted that possession of live mushrooms is legal and only the dried form is illegal, in Canada." So if the mushrooms were sent overnight delivery still wet in plastic food grade containers I can see no legal issue with selling them.




Nor would I, provided this still applies....

Quote:

Rugbyhooker said: I am going in to talk to a lawyer friend of mine later this week to get his opinion on this and get some case records on people who have been caught selling mushrooms to see what the outcome of the trials have been.





Now that's the best thing you could do, IMHO. Keep us posted on what you find out....


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InvisibleAdden
Sandcastle in the Sun
I'm a teapot User Gallery

Registered: 06/04/03
Posts: 36,573
Loc: Amongst the Dunes
Re: Legality of Canadian site selling mushrooms [Re: Rugbyhooker]
    #4096938 - 04/25/05 10:05 PM (12 years, 1 month ago)

HOOK IT UP


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Outdoor Mushroom Cultivation


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OfflineKodath
strangerThan

Registered: 03/30/05
Posts: 295
Last seen: 7 years, 9 months
Re: Legality of Canadian site selling mushrooms [Re: Adden]
    #4096977 - 04/25/05 10:16 PM (12 years, 1 month ago)

Quote:

Dyck noted that possession of live mushrooms is legal and only the dried form is illegal, in Canada.



I've read mixed things about this, I've looked all over the web for a clear answer but haven't found one yet. It looks like anything containing psilocybin is schedule 3 in Canada, but you know how it is with legal matters, they always make it as confusing as they possibly can =/

I'd be very interested to see what you find out from the lawyer, keep us posted.


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Life: Main event at the MGM Grand. Murphy's fighting Occam, and you're in the stands.


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OfflineRugbyhooker
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Registered: 09/13/04
Posts: 173
Loc: Canada
Last seen: 8 years, 10 months
Re: Legality of Canadian site selling mushrooms [Re: Kodath]
    #4101125 - 04/27/05 02:05 AM (12 years, 1 month ago)

Quote:

Kodath said:
I've read mixed things about this, I've looked all over the web for a clear answer but haven't found one yet. It looks like anything containing psilocybin is schedule 3 in Canada, but you know how it is with legal matters, they always make it as confusing as they possibly can =/




I've found much the same thing looking around online but I belevive that Canada's laws reflect those in the UK and in Florida where the unprocessed mushroom is merely a container of the drug instead of the drug itself.
If you look HERE you'll see the actual wording of the CONSOLIDATED STATUTES OF CANADA Controlled Drugs and Substances Act. When they mention pot they say "Cannabis, its preparations, derivatives and similar synthetic preparations" when they do poppies they say "
Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts" both mentioning the plants they come from. For mushrooms all they say is "Psilocin (3--[2--(dimethylamino)ethyl]--4--hydroxyindole) and any salt thereof" and "Psilocybin (3--[2--(dimethylamino)ethyl]--4--phosphoryloxyindole) and any salt thereof
" with no mention of the fungus which contains them.

For the mushrooms to be seen as illegal then anyone living near a river who fertilizes or cuts their lawn is guilty of cultivating an illegal substance. Phalaris grass (which grows close to most riverbanks) is high in DMT and in schedule III they clearly state that "N,N--Dimethyltryptamine (DMT) (3--[(2--dimethylamino) ethyl]indole) and any salt thereof" is a controlled substance. Following the logic of mushrooms being illegal then allowing phalaris grass clippings to dry on your lawn makes you guilty of preparing a controlled substance.

This is the arguement I'm taking to my friend the lawyer does anyone see any flaws in the logic? I appreciate the input as being prepared for meeting with him could make all the difference in finding out for sure what I can legally do.


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InvisibleVvellum
Stranger

Registered: 05/24/04
Posts: 10,920
Re: Legality of Canadian site selling mushrooms [Re: Rugbyhooker]
    #4102212 - 04/27/05 12:04 PM (12 years, 1 month ago)

Quote:

Since the laws in the UK and the other countries allowing this are similar to Canadian law what would stop a Canadian vendor from doing the same thing?




I thought they cracked down on this...?


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