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Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al.
#5824856 - 07/05/06 06:59 PM (17 years, 6 months ago) |
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Sorry if I missed a variant post of this. I bolded the "schedule" of banned genera.
http://www.erowid.org/psychoactives/law/states/states_info1.shtml
Comments on New State Laws Controlling the Consumption of Hallucinogenic Plants
by Earth Erowid v1.0 - Jun 20, 2006
Tennessee's law banning Salvia divinorum goes into effect on July 1, 2006. Tennesse's law, which was initially proposed as a nearly identical copy of a law passed by Louisiana in 2005, specifically carves out an exception to this new Class A misdemeanor for the "planting, cultivation, growing, and harvesting" of the plant itself when "strictly for aesthetic, landscaping, or decorative purposes".
The initially proposed version of the Tennessee bill and Louisiana's 2005 anti-hallucinogenic-plant law attempt to dodge the problem of pissing off gardeners everywhere by declaring that the plants are only controlled when they or products made from them are "intended for human consumption". With obvious parallels to the US Federal Analogue Act, these laws use new methods of criminalizing psychoactive plants that sidestep some of the reasons why the general population would object to prohibiting plants.
The actual law passed and signed into law in Tennessee does not require intent for human consumption and eliminates the longer list of plants banned as "hallucinogenic", only specifically naming Salvia divinorum. The Tennessee law changed "intended for human consumption" to "intent to produce... the active chemical ingredient in... Salvia divinorum." There is no indication in the bill history or news stories what lead to this change.
Typos and Uninformed Lawmakers The first version of the Tennessee bill was obviously a cut-and-paste of the Louisiana law (see law texts below) including the typo "Lagoehilus inebrians [sic]". This plant name should be Lagochilus inebrians (with a c). There are a few other documents on the web that have this same error, but its source appears to be an OCR error or typo on a RE Schultes monograph published online under the UNODC's Bulletin on Narcotics, where the error occurs only once and the correctly spelled name occurs several times.
Unfortunately, this error and the fact that the bill was simply copied from one state's laws to a bill in another state legislature highlight how little legislators actually know about the matters they legislate. One must assume that no one noticed in any of the readings of the bill in Louisiana and then, after a year went by, again when it was introduced as a bill into the house and senate of Tennessee, the typographical error in the name of one of the plants.
Not Completely Banned Louisiana now has a structure in place to designate plants as "hallucinogenic" and more plants will likely be added to this list over time. It is easy to imagine this list as a different kind of "schedule". The designated 'hallucinogenic plants' are illegal to cultivate, possess, or process into products when they are intended for human consumption.
Tennessee's law is less obviously amenable to adding additional plants, since it is just a single plant that was controlled, but the conceptual structure is in place: growing this one "hallucinogenic" plant with the intent to produce the "active chemical ingredient" is a crime.
Both the Tennessee and Louisiana laws also make it clear that growing or possessing the plants for other purposes is legal: "(d) The provisions of this section shall not apply to the possession, planting, cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes." The text of this sub-section remains effectively identical between the two states. So not only are the laws specific that they are only criminalizing the plants under certain conditions, but also explicitly carving out that the law does not cover the plants when they are grown for ornamental purposes. The Tennessee law also excludes from this prohibition products "recognized" by the FDA as a "homeopathic drug".
Tennessee's Sloppy Law Making Interestingly, many of the mentions of the Tennessee law in their online documentation still refer to the passed law as one covering "Hallucinogenic plants", clearly a carry over from the earlier versions including the text of the actual signed law that states the act is to amend the Tennessee code "relative to certain hallucinogenic plants", the catalog of passed laws which gives the law's title as "Hallucinogenic plants", the fiscal review note accompanying the law in the legislative record which appears to only have been conducted for the initial version of the bill [ref], and the law's abstract published on the legislature's website which also mis-states the crime's severity: "Drugs - Creates Class D felony offense of producing or distributing a material intended for human consumption that contains a hallucinogenic plant and the Class E felony of possessing a material intended for human consumption that contains a hallucinogenic plant. - Amends TCA Title 39, Chapter 17, Part 4." ref. .
Closing Thoughts In many ways, these laws strike a balance between completely outlawing these plants and no controls whatsoever. Simply growing morning glories for their plentiful flowers should not, under the Louisiana law, be considered a crime. It seems likely that, as other states increasingly ban Salvia divinorum, Tennessee and Louisiana could end up being the states where Salvia divinorum is the least controlled. Other states (Missouri and Delaware as of Jun 2006) have prohibited that member of the mint family completely, no matter what purpose the gardener has in mind. In Tennessee and Louisiana, heirloom gardeners and ethnobotanical gardens can continue to grow these plants without requiring special licenses or running afoul of the law.
It is objectionable that Louisiana passed a criminal criminal with sub-standard review and it is contrafactual to designate entire genera/genuses ("Stropharia spp." for example) as "hallucinogenic" when well-known members of the genus simply can not be considered "hallucinogenic" and some are even edible. But there is the consolation prize that many plant geeks in Tennessee and Louisiana will not have to destroy their carefully collected specimens in order to stay on the more comfortable side of the law.
It will be interesting to see whether other states adopt similarly patterned laws. Let's hope that someone with a passing familiarity with some of the plants reads the list next time.
Text of Tennessee Law From : http://www.legislature.state.tn.us/bills/currentga/BillCompanionInfo.aspx?billnumber=SB3247, Jun 20, 2006
Chapter No. 700 PUBLIC ACTS, 2006
CHAPTER NO. 700
SENATE BILL NO. 3247
By Burchett, Burks, Curtis S. Person, Jr., McNally, Finney Substituted for: House Bill No. 2909 By Strader
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to certain hallucinogenic plants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 4, is amended by adding the following as a new section:
¤ 39-17-452.
(a) It is an offense to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant Salvia divinorum A.
(b) The provisions of this section shall not apply to the possession, planting, cultivation, growing, or harvesting of such hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
(c) The provisions of this section shall not apply to any dosage form which is legally obtainable from a retail establishment without a prescription and is recognized by the Federal Food and Drug Administration as a homeopathic drug.
(d) A violation of subsection (a) is a Class A misdemeanor.
Section 2. This act shall take effect July 1, 2006, the public welfare requiring it.
PASSED: May 11, 2006
APPROVED this 19th day of May 2006 Signed: John S Wilder, speaker of the senate, Jimmy Naifeh, speaker of the house, Phil Bredsen, governor.
This is the text of the Tennessee law as proposed, later deleted and replaced with the above:
HB2909 01337129 Filed for intro on 02/16/2006 HOUSE BILL 2909 By Strader AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 4, relative to certain hallucinogenic plants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 4, is amended by adding the following as a new section: ¤ 39-17-452.
(a) As used in this section:
(1) "Distribute" means to sell, lease, rent, barter, trade, furnish, supply, or otherwise transfer in exchange for anything of value a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
(2) "Hallucinogenic plant" means any part or portion of any of the following: (A) Brugmansia arborea. (B) Amanita muscaria. (C) Conocybe spp. (D) Panaeolus spp. (E) Psilocybe spp. (F) Stropharia spp. (G) Vinca rosea. (H) Ipomoea violacea. (I) Datura spp. (J) Pancreatium trianthum. (K) Kaempferia galanga. (L) Olmedioperebea sclerophylla. (M) Mesembryanthemum spp. (N) Virola spp. (O) Anadenanthera peregrina. (P) Anadenanthera colubrina. (Q) Erythina spp. (R) Genista canariensis. (S) Mimosa hostilis. (T) Rhynchosia spp. (U) Sophora secundiflora. (V) Peganum harmala. (W) Banisteriopsis spp. (X) Tetrapteris methystica. (Y) Heimia salicfolia. (Z) Tabernanthe iboga. (AA) Prestonia amazonica. (BB) Lagoehilus inebrians. (CC) Rivea corymbosa. (DD) Salvia divinorum. (EE) Atropa belladonna. (FF) Hyoscyamus niger. (GG) Mandragora officinarum. (HH) Brunfelsia spp. (II) Methysticodendron amesianum. (JJ) Latua pubiflora. (KK) Calea Zacatechichi. (LL) Physalis subglabrata. (MM) Solanum carolinense.
(3) "Homeopathic drug" means any drug labeled as being homeopathic which is listed in the Homeopathic Pharmacopeia of the United States, an addendum to it, or its supplements. The potencies of homeopathic drugs are specified in terms of dilution. Homeopathic drug products must contain diluents commonly used in homeopathic pharmaceutics. Drug products containing homeopathic ingredients in combination with non-homeopathic active ingredients are not homeopathic drug products.
(4) "Manufacture" means the production, preparation, propagation, compounding, or processing of a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacturer includes any person who packages, repackages, or labels any container holding a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
(5) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a hallucinogenic plant.
(b)
(1) It is an offense to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
(2) It is an offense to knowingly possess a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
(c)
(1) A violation of (b)(1) is a Class D felony. Notwithstanding the provisions of ¤ 40-35-111, a violation of subsection (b)(1) may also be punished by a fine of not more than twenty thousand dollars ($20,000).
(2) A violation of (b)(2) is a Class E felony. Notwithstanding the provisions of ¤ 40-35-111, a violation of subsection (b)(2) may also be punished by a fine of not more than five thousand dollars ($5,000).
(d) The provisions of this section shall not apply to the possession, planting, cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
(e) The provisions of this section shall not apply to any dosage form which is legally obtainable from a retail establishment without a prescription and is recognized by the Federal Food and Drug Administration as a homeopathic drug.
SECTION 2. This act shall take effect July 1, 2006, the public welfare requiring it.
Text of Louisiana Law From : http://www.legis.state.la.us/billdata/streamdocument.asp?did=288583 Jun 20, 2006
HLS 05RS-52 ORIGINAL Regular Session, 2005
HOUSE BILL NO. 20 BY REPRESENTATIVE STRAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CONTROLLED SUBSTANCES: Prohibits the production, manufacture, and distribution of hallucinogenic plant products
1 AN ACT 2 To enact R.S. 40:989.1, relative to controlled dangerous substances; to create the crime of 3 the unlawful production, manufacture, distribution, or possession of a material, 4 compound, mixture, or preparation intended for human consumption which contains 5 a hallucinogenic plant; to provide for definitions; to provide for penalties; to provide 6 for exceptions; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 40:989.1 is hereby enacted to read as follows: 9 ¤989.1. Unlawful production, manufacture, distribution, or possession of 10 hallucinogenic plants
11 A.(1) It shall be unlawful for any person knowingly or intentionally to 12 produce, manufacture, distribute, or possess with intent to produce, manufacture, or 13 distribute a material, compound, mixture, or preparation intended for human 14 consumption which contains a hallucinogenic plant.
15 (2) Whoever violates the provisions of this Subsection shall be sentenced to 16 a term of imprisonment with or without hard labor for not less than two years nor 17 more than ten years and may, in addition, be sentenced to pay a fine of not more than 18 twenty thousand dollars.
1 B.(1) It shall be unlawful for any person knowingly or intentionally to 2 possess a material, compound, mixture, or preparation intended for human 3 consumption which contains a hallucinogenic plant.
4 (2) Any person who violates the provisions of this Subsection shall be 5 sentenced to a term of imprisonment with or without hard labor for not more than 6 five years and may, in addition, be sentenced to pay a fine of not more than five 7 thousand dollars.
8 C. For the purposes of this Section:
9 (1) "Distribute" means to sell, lease, rent, barter, trade, furnish, supply, or 10 otherwise transfer in exchange for anything of value a material, compound, mixture, 11 or preparation intended for human consumption which contains a hallucinogenic 12 plant.
13 (2) "Manufacture" means the production, preparation, propagation, 14 compounding, or processing of a material, compound, mixture, or preparation 15 intended for human consumption which contains a hallucinogenic plant either 16 directly or indirectly by extraction from substances of natural origin, or 17 independently by means of chemical synthesis, or by a combination of extraction and 18 chemical synthesis. Manufacturer includes any person who packages, repackages, 19 or labels any container holding a material, compound, mixture, or preparation 20 intended for human consumption which contains a hallucinogenic plant.
21 (3) "Production" includes the manufacture, planting, cultivation, growing, 22 or harvesting of a hallucinogenic plant.
23 (4) "Hallucinogenic plant" means any part or portion of any of the following: 24 (a) Brugmansia arborea. 25 (b) Amanita muscaria. 26 (c) Conocybe spp. 27 (d) Panaeolus spp. 28 (e) Psilocybe spp. 29 (f) Stropharia spp. 1 (g) Vinca rosea. 2 (h) Ipomoea violacea. 3 (i) Datura spp. 4 (j) Pancreatium trianthum. 5 (k) Kaempferia galanga. 6 (l) Olmedioperebea sclerophylla. 7 (m) Mesembryanthemum spp. 8 (n) Virola spp. 9 (o) Anadenanthera peregrina. 10 (p) Anadenanthera colubrina. 11 (q) Erythina spp. 12 (r) Genista canariensis. 13 (s) Mimosa hostilis. 14 (t) Rhynchosia spp. 15 (u) Sophora secundiflora. 16 (v) Peganum harmala. 17 (w) Banisteriopsis spp. 18 (x) Tetrapteris methystica. 19 (y) Heimia salicfolia. 20 (z) Tabernanthe iboga. 21 (aa) Prestonia amazonica. 22 (bb) Ipomoea violacea. 23 (cc) Rivea corymbosa. 24 (dd) Salvia divinorum. 25 (ee) Atropa belladonna. 26 (ff) Hyoscyamus niger. 27 (gg) Mandragora officinarum. 28 (hh) Brunfelsia spp. 29 (ii) Methysticodendron amesianum. 1 (jj) Latua pubiflora. 2 (kk) Calea Zacatechichi. 3 (ll) Physalis subglabrata. 4 (mm) Solanum carolinense. 5 (nn) Lagoehilus inebrians.
6 D. The provisions of this Section shall not apply to the possession, planting, 7 cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, 8 landscaping, or decorative purposes.
DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument.
Strain HB No. 20
Abstract: Creates the crime of unlawful production, manufacture, distribution, or possesssion of a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant. Present law provides criminal penalties for the unlawful production, manufacture, distribution, or dispensing of controlled dangerous substances. Proposed law retains the provisions of present law and creates the crime of unlawful production, manufacture, distribution, or possesssion of a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant. Proposed law defines "production", "manufacture", and "distribute" and "hallucinogenic plant".
Proposed law provides penalties for unlawful production, manufacture, distribution, or possession with intent to manufacture, produce, or distribute a material, compound, mixture, or preparation intended fo r human consumption which contains a hallucinogenic plant of imprisonment with or without hard labor for not less than two years nor more than 10 years and may, in addition, be sentenced to pay a fine of not more than $20,000.
Proposed law provides penalties for unlawful possession of a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant of a term of imprisonment with or without hard labor for not more than five years and may, in addition, be sentenced to pay a fine of not more than $5,000.
(Adds R.S. 40:989.1)
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Schwip
Never sleeps.


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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5824986 - 07/05/06 07:33 PM (17 years, 6 months ago) |
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It is quite obvious that the lawmakers whom drew this bill up have no fucking clue.
Some on the list are not even plants and are already illegal (ie pans).
It almost looks like they just nabbed a list off of erowid or something and put it on the bill.
-------------------- -------------------------------- " If the sky were to suddenly open up there would be no law. There would be no rule. There would only be you and your memories... the choices you've made, and the people you've touched. If this world were to end there would only be you and him and no-one else. " .............. "MAN! You know there aint no such thing as left over crack!"
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motaman
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5825161 - 07/05/06 08:14 PM (17 years, 6 months ago) |
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Wtf,
No comment.
-------------------- http://heffter.org
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debianlinux
Myconerd - DBK



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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5826687 - 07/06/06 05:37 AM (17 years, 6 months ago) |
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Le_Canard
The Duk Abides

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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5827198 - 07/06/06 10:48 AM (17 years, 6 months ago) |
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How fucking ridiculous! Good luck trying to enforce that law.
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kindadank
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: Le_Canard]
#5827246 - 07/06/06 11:07 AM (17 years, 6 months ago) |
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I'll second the WTF!
I mean, Calea Zacatechichi is now illegal? All that does is make you have vivid dreams, if it even does that. Maybe we should make melatonin illegal and just imprison anyone who falls asleep. Lets also add nutmeg and turkey to the list too. I mean, they're all psychoactive. Anyone caught preparing turkey for consumption should be jailed immediately! Off to the deli's!
Ehh things just get worse and worse every day.
/end rant
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demiu5
humans, lol


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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5828239 - 07/06/06 04:19 PM (17 years, 6 months ago) |
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actually, Phil Bredesen is a somewhat cool guy...somewhat. He doesn't accept pay for his position, and he hasn't fucked anything up much recently. He seems to be one of the few out there that tries to make a difference for more than himself.
-------------------- channel your inner Larry David
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motaman
old hand

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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5828554 - 07/06/06 05:44 PM (17 years, 6 months ago) |
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(2) "Hallucinogenic plant" means any part or portion of any of the following:
(B) Amanita muscaria. (C) Conocybe spp. (D) Panaeolus spp. (E) Psilocybe spp. (F) Stropharia spp.
So the spores are illegal as well?
6 D. The provisions of this Section shall not apply to the possession, planting, 7 cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, 8 landscaping, or decorative purposes.
Does that mean the above mushrooms are legal for decorative purposes?
I don't understand this law. lol
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demiu5
humans, lol


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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: motaman]
#5828721 - 07/06/06 06:15 PM (17 years, 6 months ago) |
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holy shit! I should start growing again! I don't think that would fly, but just in case, I'll keep the file on hand. Also, since the spores leave, I don't know if they can be considered "part" of the mushroom. It could be further argued that mushrooms aren't plants and the law is incorrect, but I don't think that would fly either.
-------------------- channel your inner Larry David
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debianlinux
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: motaman]
#5828724 - 07/06/06 06:16 PM (17 years, 6 months ago) |
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i appreciate any comments and especially any points of logical fallacy.
i am composing a letter but i want it to be coherent and straightforward in showing how idiotic and functionally impossible this mess of a law is.
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makaveli8x8
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5829551 - 07/06/06 09:33 PM (17 years, 6 months ago) |
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doing that would only help them write it in a way thats more currect leading to "better laws"
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  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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makaveli8x8
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: makaveli8x8]
#5829556 - 07/06/06 09:34 PM (17 years, 6 months ago) |
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plus it costs money to write laws, let them pass a fucked up bill then have to spend a shit more on it currecting all the mistakes...don't do there job for them.
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  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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debianlinux
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: makaveli8x8]
#5829622 - 07/06/06 09:51 PM (17 years, 6 months ago) |
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that money happens to be my money.
i'm considering the possibility of turning myself in for SRA cultivation. i think i'll tell them i'm under the influence of SRA. once i'm locked up i'll offer to "roll over" on some big time cultivators in exchange for a lesser sentence (is there any less than a misdemeanor?). I just can't figure out how to get the whole stunt publicized enough for it to be worthwhile/effective.
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Mirth
`'{*;*}'`


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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5830455 - 07/07/06 02:54 AM (17 years, 6 months ago) |
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In perfect and total seriousness I shall state that to me, in my mind these laws do not exist  However I shall also say that they seem to be most silly .
-------------------- The ineffable is not always intangible !
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CoolMojo
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5831011 - 07/07/06 10:35 AM (17 years, 6 months ago) |
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Quote:
debianlinux said: that money happens to be my money.
i'm considering the possibility of turning myself in for SRA cultivation. i think i'll tell them i'm under the influence of SRA. once i'm locked up i'll offer to "roll over" on some big time cultivators in exchange for a lesser sentence (is there any less than a misdemeanor?). I just can't figure out how to get the whole stunt publicized enough for it to be worthwhile/effective.
Well the law states distributing is a crime so, find the most famouse resturant that has strapharia on the menu and turn them in, that should get the media's attention.
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makaveli8x8
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: CoolMojo]
#5831649 - 07/07/06 01:12 PM (17 years, 6 months ago) |
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micheal jackson was arrested today when he was caught asking children to grab strapharia out of his pockets.
--------------------
  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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CptnGarden
fuck this site
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: makaveli8x8]
#5831665 - 07/07/06 01:18 PM (17 years, 6 months ago) |
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Quote:
makaveli8x8 said: micheal jackson was arrested today when he was caught asking children to grab strapharia out of his pockets.
LOL
dude wtf everyone in tennessee should just move to another state. first people are getting beat for hours (for marijuana) getting told to lick their own blood off the nightstick. and now shit like this? I hope the tennessee government goes to iraq to get plugged by shrapnel. they would make better fodder than a bunch of teenagers tryin' to make money for college.
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truekimbo2
Cya later, friends.


Registered: 12/08/02
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: CptnGarden]
#5834415 - 07/08/06 06:50 AM (17 years, 6 months ago) |
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i was going to say who the fuck did thier homework for them. some evil drug nerd at the dea?
speaking of which, do we have a word for our counterpart drug nerds working against us?
-------------------- You can check the last post in my journal for contact info.
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Mitchnast
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: truekimbo2]
#5835417 - 07/08/06 02:37 PM (17 years, 6 months ago) |
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"(a) It is an offense to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant Salvia divinorum A."
A huh?
good thing i only have the wasson strain. 23 (4) "Hallucinogenic plant" means any part or portion of any of the following: 24 (a) Brugmansia arborea. 25 (b) Amanita muscaria. 26 (c) Conocybe spp. 27 (d) Panaeolus spp. 28 (e) Psilocybe spp. 29 (f) Stropharia spp. 1 (g) Vinca rosea. 2 (h) Ipomoea violacea. 3 (i) Datura spp. 4 (j) Pancreatium trianthum. 5 (k) Kaempferia galanga. 6 (l) Olmedioperebea sclerophylla. 7 (m) Mesembryanthemum spp. 8 (n) Virola spp. 9 (o) Anadenanthera peregrina. 10 (p) Anadenanthera colubrina. 11 (q) Erythina spp. 12 (r) Genista canariensis. 13 (s) Mimosa hostilis. 14 (t) Rhynchosia spp. 15 (u) Sophora secundiflora. 16 (v) Peganum harmala. 17 (w) Banisteriopsis spp. 18 (x) Tetrapteris methystica. 19 (y) Heimia salicfolia. 20 (z) Tabernanthe iboga. 21 (aa) Prestonia amazonica. 22 (bb) Ipomoea violacea. 23 (cc) Rivea corymbosa. 24 (dd) Salvia divinorum. 25 (ee) Atropa belladonna. 26 (ff) Hyoscyamus niger. 27 (gg) Mandragora officinarum. 28 (hh) Brunfelsia spp. 29 (ii) Methysticodendron amesianum. 1 (jj) Latua pubiflora. 2 (kk) Calea Zacatechichi. 3 (ll) Physalis subglabrata. 4 (mm) Solanum carolinense. 5 (nn) Lagoehilus inebrians.
so basically, brugmansia arborea is off limits, but the more popular B. suavolens and others, to the state of tennisee are acceptable for selling as drugs?
and since when are stropharias active? Im pretty sure any "active stropharia"has been officially classified as psilocybe
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Mitchnast
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: Mitchnast]
#5835436 - 07/08/06 02:42 PM (17 years, 6 months ago) |
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you know whats really happening here, they are raising the waters state by state from the federal level by starting with the least important states.
eventually only the swing and blue states will be left. and my then it will look silly for them to be exempted, so they will smoothly fall under these blanket laws too.
good luck america, with that illusion of being ruled by the common man.
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MycoCakeEater
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: Mitchnast]
#5836296 - 07/08/06 05:52 PM (17 years, 6 months ago) |
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Honestly I don't see this as a threat. These plants are hard to identify, unlike marijuana or the poppy. Very few use them, fewer grow them, and unless extensive training on LEO, I bet nobody will fall for these entheogens. It may be on paper, but good luck enforcing it. All this is doing is knocking these products out of specialty shops where kids can get loopy (I have a local salvia bar, its far from great). (KK) Calea Zacatechichi, what a joke, prolly one of the plants with less effects. I get more spiritual on tobacco. I live in a border state of Tenn. and if my state makes one of these, I really wouldn't care as it won't be enforced unless you grab attention with a more well know drug, and they pull an investigation into your personal garden. People in the South mind their own business, do what you do, and many will not bother. I have lanced poppies in front of people jogging/riding bikes, and had waved with attention. Incredible how low key every plant is except Cannabis.
Just my views. I do not agree with the law but I do not see it as a threat. Thanks for reading.
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makaveli8x8
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: MycoCakeEater]
#5836736 - 07/08/06 08:10 PM (17 years, 6 months ago) |
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no this is going to be a huge effect. because its going to shut down the internet on legal herbs ect. but i really hope the internet will still carry the seeds for all these plants ect. because i would feel very ripped off in life to not have had the chance to try each of them at least once in my life....i feel plants have so much knowledge if used currectly.
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Baby_Hitler
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5839344 - 07/09/06 04:06 PM (17 years, 6 months ago) |
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Just to be clear though, it is still legal to grow Salvia divinorum in tennessee as long as you aren't growing it "for production" of salvinorin, right?
-------------------- Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ (•_•) <) )~ ANTIFA / \ \(•_•) ( (> SUPER / \ (•_•) <) )> SOLDIERS / \
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debianlinux
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: Baby_Hitler]
#5839991 - 07/09/06 07:12 PM (17 years, 6 months ago) |
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That seems to be correct.
I'm most pissed about two points.
I was in posession of a small amount of standardized 5X Salvia when this law passed. Therefore I was criminalized. The blanket prohibition of entire genera criminalizes thousands. The very concept of criminalizing plants and fungi is outrageous to begin with; the ignorant inclusion of agriculturally important species is abhorrent (esp. in a primarily agricultural geography).
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demiu5
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5840004 - 07/09/06 07:18 PM (17 years, 6 months ago) |
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I agree with you, and it pisses me off as well. But this is the society we live in, and this is what we have allowed our government to do.
I look at it similarly to this situation: Killing a person will land you in prison, for life most of the time. Killing an insect or tree/plant/flower/fungus (unless it's "protected"), which I am guilty of as well as everyone else, has no punishment ninety-nine times out of a hundred.
Until we're ready to leave or revolt, we're stuck with this.
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Mitchnast
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: demiu5]
#5840599 - 07/09/06 10:10 PM (17 years, 6 months ago) |
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does this law make it legal to grow pot in your garden as a cover shrub or soil holding for slopes?
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Baby_Hitler
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: Mitchnast]
#5841437 - 07/10/06 05:15 AM (17 years, 6 months ago) |
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I didn't see Cannabis or trichocereus on the list.
-------------------- Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ Ƹ̵̡Ӝ̵̨̄Ʒ (•_•) <) )~ ANTIFA / \ \(•_•) ( (> SUPER / \ (•_•) <) )> SOLDIERS / \
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debianlinux
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: Baby_Hitler]
#5843362 - 07/10/06 05:09 PM (17 years, 6 months ago) |
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yeah, i thought i heard a better conundrum in motoman's hypothesis of growing stropharia and panaeoulus for decorative purposes. I can see the christmas garlands and wreaths now! In fact, the syntax implies itself to be an exception to preceding law.
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rocketgirl
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: debianlinux]
#5843941 - 07/10/06 07:31 PM (17 years, 6 months ago) |
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I'm surprised that no one has corrected this so I will do it now. Stropharia et al. is NOT illegal in Tennessee. That list of plants (and some species which are not actually plants at all) is from the old version of the bill which was essentially a cut-a-paste from the earlier law in Lousiana. Read the erowid article more closely and you will see that the only part of the law which actually passed is this:
"(a) It is an offense to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant Salvia divinorum A.",
with the exception that it is legal to grow if not intended for ingestion. This phrasing is absolutely weird, confusing, and retarded, and the only effect it may have is that internet vendors may stop shipping to Tennessee. However it is still legal to own the plant of course if you do not intend to smoke it, and I'm sure a simple poll would show that most of us here are only interested in the rare plant for it's startling ornamental value.
Further there are several seemingly obvious quirks about the way this law is phrased that not even erowid mentioned, and I wonder why no one is talking about them. It is stated that the substance being made illegal is "the active chemical ingredient in the hallucinogenic plant Salvia divinorum A.". Despite the fact that there is no plant called "salvia divinorum a", it is clearly stated that what is being scheduled is "the active chemical ingredient", and not the plant itself. Presumeably for the moment, I'll assume the "active chemical ingredient" that is spoken of is salvinorin A.
Since natural plants which happen to contain a controlled substance are often not capable of being considered "containers" of that substance, this may mean that salvia may not in fact be illegal at all, only little baggies of pure salvinorin are illegal. Since no one sells little baggies of pure salvinorin, and practically no one who uses salvia does so by extracting the salvinorin crystals and smoking them directly, seemingly the only effect of making it illegal is to hinder research scientists investigating the substance for it's selective KOR-agonist potential.
Then of course going back a bit we could even wonder if it is even salvinorin A that is referred to. It seems unusual to schedule a chemical by referring to it as the active ingredient in such and such. Usually when something is scheduled it is scheduled by it's chemical name. For example tetrahydrocannabinol is scheduled as tetrahydrocannabinol, not "that active ingredient in marijuana". The best part is that salvia contains dozens of active ingredients besides salvinorin a. For example, hardwickiic acid, an antibiotic, which is found in other plants besides salvia. And the salvinicins which are also found I believe in salvia splendens. Which active ingredient do they mean? And what of the legality of salvinorin B, which is non-active, yet relatively easily converted to salvinorin A?
Man, I just can't quite wrap my head around this one. If you ask me it's the perfect salvia law. It fits salvia perfectly because after experiencing it, I think, "what the hell? what was that? what does that mean????"
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debianlinux
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: rocketgirl]
#5844009 - 07/10/06 07:45 PM (17 years, 6 months ago) |
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impeccable 1st post
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motaman
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Re: Tennesseans Criminalized for Eating Stropharia Rugosa Annulata et al. [Re: rocketgirl]
#5845968 - 07/11/06 07:04 AM (17 years, 6 months ago) |
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Louisiana still has this law.?
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