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OfflineDe_Sjamaan
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Registered: 07/15/05
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UN sees no reason to ban magic mushrooms
    #4407004 - 07/15/05 07:01 AM (11 years, 4 months ago)

As a result of my court case earlier this year and the following correspondence with the United Nations, I am have written the following article/press release. It contains new information which should be able to lift some eyebrows. I need as much media attention for this as I can get. Please help. If you have media contacts, please notify them now and send them this article. I hope it effects the ban. please distribute freely to as many press contacts as possible

My best regards,

Ananda Schouten

Managing Director



De Sjamaan Smartshops and Distribution

Klarendalseweg 376, 6822 GT, Arnhem, the Netherlands

International wholesale: Tel: 00-31(0)26-3893819 Fax: 00-31(0)26-3893818, E-mail: internationalwholesale@sjamaan.net



Press release July, 13th 2005



UN sees no reason to ban mushrooms.

On July 18 of this month Psilocybe mushrooms become illegal in the UK. The new law banning Psilocybe mushroom has been formulated to clarify the existing law. The existing law is a direct result of the UK signing the United Nations convention of psychotropic substances of 1971. The U.N. International Narcotics Control Board exists especially for clarification of and promoting compliance to the UN conventions on narcotics. The INCB has a tough policy on drugs and has recently condemned the downgrading of cannabis to class C in the UK and slapped the US for being soft on party drugs. Still the International Narcotics Control Board sees no need to ban Psilocybe mushrooms. There is no loophole in the law; magic mushrooms are legal with reason.

In a Dutch court case of Dutch mushroom distributor De Sjamaan, earlier this year Dr. Lousberg, the vice-president of the INCB explained:


Low risks

In 2000, Coordination point Assessment and Monitoring new drugs(CAM) did a study on the risks of Psilocybe mushrooms. The CAM is part of the EU Early Warning Mechanism. It came to the conclusion that there is no need to ban Magic Mushrooms. The risks towards public health, criminality, public order, addiction and many other concerns are too low. The sales of magic mushrooms prevent people from going into the woods picking mushrooms and misidentification of magic mushrooms with toxic wild mushrooms. Dr. Lousberg was one of the experts working on the study.

Since then there has been no new data to conclude otherwise. In fact new research and data only confirmed the outcome of the study.

Mushrooms are 100% legal

The delegates of the United Nations did not find it necessary to put psilocin containing mushrooms on the list of controlled substances. Only substances placed on the list of controlled substances are controlled. For this reason, not only cocaine, but also coca leaves are listed. Psilocybin and Psilocin are listed, but not the mushrooms themselves. This has been done on purpose. Many naturally occurring plants contain controlled substances. If that would be a reason to ban mushrooms or plants, a large part of nature should be prohibited. Another reason not to ban naturally occurring plants, is that the UN delegates concluded that banning naturally occurring plants is legally not feasible.

The concentration of psilocybin and psilocin in magic mushrooms is of course much lower than the pure substances. As the concentration goes down, so does the risk. The concentration of psilocybin and psilocin is too low, to pose enough risk to justify a ban. Since magic mushrooms are not controlled, neither are preparations of magic mushrooms. Only if one would separate the controlled substances from the mushrooms, an illegal preparation would be produced.

After consulting the United Nations on Office on Drugs and Crime (UNODC), the International Narcotics Control Board has made it clear in various letters that Magic mushrooms do not fall under international control.


International Narcotics Control Board meeting on Psilocybe mushrooms:

In the light of the testimonial of Dr. Lousberg in the court case and after recurrent questions on the legal status of Psilocybe mushrooms, the International Narcotics Control Board established an ad hoc working group to look into this matter. To re-evaluate the view of the INCB on Psilocybe mushrooms and suggest to the board; wording to use in future communications on this issue. The sessions took place from may 17 ? 28, 2004. The working group discussed the matter in dept and concluded that the wording presently used by the secretariat of the INCB should remain as it is:

?At present, no plants (natural materials) are controlled under the 1971 convention of psychotropic substances. Consequently, preparations (e.g. decoctions) made of these plants, including Ayahuasca (and Psilocybe mushrooms*), could be considered as not being under international control and therefore not subject to any of the articles of the 1971 convention.?

*Note of vice-president Lousberg


EU Free Trade treaty

The testimonial of the vice president of the INCB is essential in regards to the EU Free Trade treaty: This treaty, signed by the UK, forbids the UK to ban goods, which are legally produced in other EU countries. Most magic mushrooms are produced in the Netherlands. But the EU free trade treaty does not preclude prohibition justified on grounds of public health. The testimonial of Dr. Lousberg makes it impossible to claim with any credibility, that the mushroom ban is justified on grounds of protection of public health.


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OfflinePedM
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Re: UN sees no reason to ban magic mushrooms [Re: De_Sjamaan]
    #4407181 - 07/15/05 10:13 AM (11 years, 4 months ago)

>> the UN delegates concluded that banning naturally occurring plants is legally not feasible.

We needed a delegation to figure this one out for us, eh? That's disapponting. I guess I'll go back to shaking my rattle and sucking my thumb.


--------------------


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Invisibleniteowl
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Re: UN sees no reason to ban magic mushrooms [Re: De_Sjamaan]
    #4407258 - 07/15/05 10:58 AM (11 years, 4 months ago)

Part of this has me confused.

first they say....
Only substances placed on the list of controlled substances are controlled. For this reason, not only cocaine, but also coca leaves(the plant) are listed.

then right after that they say...
Psilocybin and Psilocin are listed, but not the mushrooms themselves.....WTF?

Another reason not to ban naturally occurring plants, is that the UN delegates concluded that banning naturally occurring plants is legally not feasible.

Isn't coca a plant?
Isn't marijuana a plant?

Many naturally occurring plants contain controlled substances. If that would be a reason to ban mushrooms or plants, a large part of nature should be prohibited.

Then why is the coca plant illegal?


This whole thing, sounds kinda conflicted to me.


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Offlineblowback
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Re: UN sees no reason to ban magic mushrooms [Re: niteowl]
    #4407292 - 07/15/05 11:18 AM (11 years, 4 months ago)

I wonder if LSD is still illegal? Whats the difference?


--------------------
"Daddy, what's the difference between ignorance and apathy?"

"Son, I don't know, and I don't care"


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Invisiblebadchad
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Registered: 03/02/05
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Re: UN sees no reason to ban magic mushrooms [Re: blowback]
    #4407303 - 07/15/05 11:25 AM (11 years, 4 months ago)

My personal advice would be that it probably isn't a good idea to compose an article yourself, and then claim that you are speaking on behalf of the UN by giving it the title you did.

The subject of drugs is politically charge. To make your own assumption on the UN's stance on drugs is unwise.


--------------------
...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436


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OfflineDe_Sjamaan
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Re: UN sees no reason to ban magic mushrooms [Re: badchad]
    #4407339 - 07/15/05 11:45 AM (11 years, 4 months ago)

I am not speaking for the UN. I am just telling you about the content of the testimonial of the vice president of the INCB in my court case and the correspondence with him there after. This is the stance of the UN on magic mushrooms. Most of the text is cited.
But I see I've made a small error: coca plants are not controlled, the leaves are. As far as I can remember there is just a one plant controlled by the UN's convention: cannabis.
The point is that things need to be specifically listed to be controlled. Cocaine & coca leaves are. Coca plants are not. Psilocin and Psilocibin are, but mushrooms themself are not.


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Invisibleniteowl
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Re: UN sees no reason to ban magic mushrooms [Re: De_Sjamaan]
    #4407364 - 07/15/05 11:55 AM (11 years, 4 months ago)

Quote:

Cocaine & coca leaves are. Coca plants are not




So I can grow the coca plant as long as it dosent have any leaves?????

WTF!!

Please post a link to your article


--------------------
Live for the moment you are in now
Don't be bogged down by your past
Don't be afraid of what lies in your future


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Invisiblebadchad
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Re: UN sees no reason to ban magic mushrooms [Re: niteowl]
    #4407428 - 07/15/05 12:42 PM (11 years, 4 months ago)

So I'd assume you're writing this as a "persuasive essay"?

Something that may be worth mentioning is the fact that (to my knowledge) countries make their laws, rules and regulations independently of the UN.


--------------------
...the whole experience is (and is as) a profound piece of knowledge.  It is an indellible experience; it is forever known.  I have known myself in a way I doubt I would have ever occurred except as it did.

Smith, P.  Bull. Menninger Clinic (1959) 23:20-27; p. 27.

...most subjects find the experience valuable, some find it frightening, and many say that is it uniquely lovely.

Osmond, H.  Annals, NY Acad Science (1957) 66:418-434; p.436


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Invisibleniteowl
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Re: UN sees no reason to ban magic mushrooms [Re: badchad]
    #4407473 - 07/15/05 01:14 PM (11 years, 4 months ago)

:yesnod:

How can you say that a plant is OK...but the leaves of that plant are not OK?

Sounds a little convoluted to me.


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OfflineBCBudJohn
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Re: UN sees no reason to ban magic mushrooms [Re: niteowl]
    #4408485 - 07/15/05 06:01 PM (11 years, 4 months ago)

Politics


--------------------
Peace
John


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OfflineDe_Sjamaan
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Re: UN sees no reason to ban magic mushrooms [Re: BCBudJohn]
    #4409159 - 07/15/05 09:10 PM (11 years, 4 months ago)

The coca plant is not controlled by the UN drug conventions, but as soon as leaves fall from the coca plant, you have a controlled substance. But Papaver somniverum is another example: the plant itself is not controlled(nice garden plant), neither are the seeds. You may like those on your bread. Several substances like heroin, morphine and several others present in poppy are controlled by the UN convention on psychotropic substances of 1971 and thus by national laws. But opium and poppy milk(don't know if this is the correct english name)are controlled as well. So the greater part of the plant is controlled, but the plant as such is legal.
Drug laws are convulted by nature.
The reason we have most of the drug laws in all UN countries is the UN convention on psychotropic substances of 1961 and especially the UN convention of 1971. This resulted in the Misuse of drugs act in the UK, every country has it's own variety of the same drug law. When a country is to lacks on applying these laws, it appears in the annual UN report of the INCB, which is not good. Anyway, countries make their own laws, but have to comply with the treaties they have signed.


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Invisibleniteowl
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Re: UN sees no reason to ban magic mushrooms [Re: De_Sjamaan]
    #4409711 - 07/15/05 11:31 PM (11 years, 4 months ago)

So if we could change the UN's view on marijuana, then the US would be pressured into following the UN lead?

Or have I completely misunderstood what your trying to say?


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OfflineDe_Sjamaan
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Re: UN sees no reason to ban magic mushrooms [Re: niteowl]
    #4410919 - 07/16/05 07:57 AM (11 years, 4 months ago)

Yes you have; it's the other way around; it's not that if you change the view of the UN, the US will folow. Treaties have been made and countries need to keep their agreements. Althoug the US is notorious for not doing so. But the UK is not. The above only makes clear what this agreement(UN convention on psychotropic subtances of 1971) means. Any country is free to add additional laws. The UN has no control over that.
On a side note, check this on legality of magic mushrooms in New Mexico:
http://stopthedrugwar.org/chronicle/392/newmexico.shtml


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OfflineAllah
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Re: UN sees no reason to ban magic mushrooms [Re: De_Sjamaan]
    #4410970 - 07/16/05 09:08 AM (11 years, 4 months ago)

Quote:

De_Sjamaan said:
EU Free Trade treaty

The testimonial of the vice president of the INCB is essential in regards to the EU Free Trade treaty: This treaty, signed by the UK, forbids the UK to ban goods, which are legally produced  in other EU countries. Most magic mushrooms are produced in the Netherlands. But the EU free trade treaty does not preclude prohibition justified on grounds of public health. The testimonial of Dr. Lousberg makes it impossible to claim with any credibility, that the mushroom ban is justified on grounds of protection of public health.




I don't know the specifics of this treaty, but I like the sound of this.

I'm going to go research it, and also get a legal opinion or two.  :grin:


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