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EWalter69
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Registered: 04/16/06
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Last seen: 15 years, 9 months
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Legal questions regarding California
#5545106 - 04/22/06 07:44 PM (17 years, 9 months ago) |
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Let me say right off the bat that this thread is not meant as a discussion of anything illegal. I simply have some questions about the law that I'm hoping to get cleared up.
Now then; accoriding to erowid, the text of California law regarding spores is this:
Quote:
Health & Safety Code Section 11390-11392
11390. Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
11391. Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
11392. Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.
erowid link
The erowid page notes the following:
Quote:
There are three interesting things about the California law regarding spores. The law appears to state that it is only illegal to import spores into the state if there is intent to cultivate them into mushrooms. It is not specifically illegal to possess spores, it is only illegal to "transport, import into the state, sell, furnish, or give away" spores or mycelium. Technically, this means that possession of spores obtained from mushrooms inside the state, which are not bought or sold, are not illegal. Only viable spores appear to be illegal as the law specifically states that it is "spores or mycelium capable of producing mushrooms" which are illegal.
So: is this true? I am planning on possibly mailing a spore print to California, where I will be over the summer, and wanted to know what the legal status of that action would be. Do they have a way of checking packages for that type of thing? And if so, would it even be illegal since there would be no evidence I planned to cultivate?
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Linuxman
PsychoactiveResearcher

Registered: 12/29/05
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Re: Legal questions regarding California [Re: EWalter69]
#5545230 - 04/22/06 08:19 PM (17 years, 9 months ago) |
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That action would be totally illegal just as you quoted by law
11391. Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
So its your choice try to mail it or don't
-------------------- "We can't stop here man, this is bat country" "There is acid in the beer in the red cups"
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Snaggletooth
Stranger in a Strange Land


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Re: Legal questions regarding California [Re: Linuxman]
#5545564 - 04/22/06 09:36 PM (17 years, 9 months ago) |
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Spores are illegal to posses in the communist/mexican controlled state of Kalifornia... 
No vendor will sell them to CA dont even ask...
But.....
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Atheist Chat
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MrMolotov
Ganja Patrol


Registered: 06/12/05
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Re: Legal questions regarding California [Re: Snaggletooth]
#5545743 - 04/22/06 10:36 PM (17 years, 9 months ago) |
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yes but would they be able to tell if somone sent you a spore print?
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EWalter69
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Registered: 04/16/06
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Re: Legal questions regarding California [Re: Linuxman]
#5546289 - 04/23/06 01:53 AM (17 years, 9 months ago) |
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Quote:
Linuxman said: That action would be totally illegal just as you quoted by law
11391. Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
So its your choice try to mail it or don't
The key phrase for me, though, is "for the purpose of facilitating a violation of Section 11390 ". This would seem to mean that importing spores would only be illegal if it could be PROVEN that they were intended for cultivation.
Edited by EWalter69 (04/23/06 01:53 AM)
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Psilocyan
Humble Voyager


Registered: 07/13/05
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Re: Legal questions regarding California [Re: EWalter69]
#5547212 - 04/23/06 12:01 PM (17 years, 9 months ago) |
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You could buy some microscopes...
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Real_Poopypants
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Re: Legal questions regarding California [Re: EWalter69]
#5548781 - 04/23/06 07:36 PM (17 years, 9 months ago) |
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Why don't you put the sporeprint in your pocket?? Take it with you.
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EWalter69
Stranger

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Re: Legal questions regarding California [Re: Real_Poopypants]
#5549742 - 04/23/06 11:56 PM (17 years, 9 months ago) |
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I guess I could just do that... hmm...
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Land_Crab
NeuroticPsychonaut


Registered: 08/29/04
Posts: 2,194
Loc: U.S.
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Re: Legal questions regarding California [Re: EWalter69]
#5549882 - 04/24/06 12:50 AM (17 years, 9 months ago) |
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Yes, just put the spores in your pocket or under the inner sole of your shoe or something; it's easy. Spores aren't very big.  With regards to the mail, though, I think it's important to consider the ratio of postal inspectors to pieces of mail. I don't know what the number is, but I'm sure the ratio is very small.
Also, as far as I understand, postal inspectors focus mainly on packages capable of containing significant quantities of what-have-you, and not envelopes. Plus imagine what kind of force you would have to employ in order to properly inspect all (or most) of the letters traveling within the United States on a given day. What kind of infrastructure and methods would you need?
So, although the point is moot, I'd say there is little reason for concern. I'm not saying zero -- just close to zero.
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EWalter69
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Re: Legal questions regarding California [Re: Land_Crab]
#5552184 - 04/24/06 07:26 PM (17 years, 9 months ago) |
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The more I think about it, the more I think that growing them while I'm there would pose some serious logistical problems. What if I bought a bunch of them, dried & powdered them, and took them with me? how would that be to pull off?
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Feelers
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Re: Legal questions regarding California [Re: EWalter69]
#5552934 - 04/24/06 09:42 PM (17 years, 9 months ago) |
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If you get a spore print I very much doubt that it would be found. It's probably a none zero chance. I have never heard of normal envelope mail being opened here in NZ unless the envelope wasnt flat (ie it had something in it) or it was addressed suspiciously or from a suspicious (ie under watch) sender. I mean what can people hide in a normal flat envelope - acid, spore prints and a few others. Compared to the massive amount of normal mail it wouldnt justify the trouble.
In NZ we have some of the toughest customs in the world - they find spore syringes sure, (I had a cop come round and asked me questions with my mum haha) but trying to find a piece of paper in the mail would be a ridiculous waste of time.
If anyone wanted to recieve spores in Cali ect the best bet would be to have a friend send it from another state in a birthday card(to a phoney name and birthday!). Addressed to your house but with an incorrect name on it. (and a phoney BUT credible return address) That way you recieve it, and worse case scenario you get a visit and you can deny everything because you dont know who its addressed to.
Here on NZ tv they had a show called NZ Customs - and they showed the mail sorting people. Anything that has a stupid return address like "santa north pole" they open. And heaps of idiots still do this. It was great seeing how things work - a bit of a stupid thing for them to show really. I'm not complaining.
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