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Offlineshroom_me
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Wa State Mushroom Legality Questions.
    #6288527 - 11/16/06 03:41 AM (17 years, 6 months ago)

Hi, now before you post a comment telling me shrooms are illegal just hear me out(cuz i realize dried shrooms are) Now I know spores are legal(in WA at least) and i know that dried shrooms are illegal. But I have been told by a friend who used to grow here(and by other [people) that it is actually legal to possess fresh mushrooms, and cultures at mycelium stages here in WA. Now if anyone from WA who grows know anything PLEASE POST!! And some links would be GREAT AS WELL!! Thank You.

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OfflineESanceOfCyan
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Re: Wa State Mushroom Legality Questions. [Re: shroom_me]
    #6288536 - 11/16/06 03:45 AM (17 years, 6 months ago)

As the law is...they have to prove you knew what you had.


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Offlineshroom_me
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Re: Wa State Mushroom Legality Questions. [Re: ESanceOfCyan]
    #6288540 - 11/16/06 03:48 AM (17 years, 6 months ago)

so i mean if you bout spore with cash (no papertrail,no proof) i could in theory be busted and actually get off scott free? but you stuill didint answer my question about fresh shrooms being legal or not

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OfflineCiv
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Re: Wa State Mushroom Legality Questions. [Re: shroom_me]
    #6288560 - 11/16/06 03:57 AM (17 years, 6 months ago)



Legality

Disclaimer: Information listed here maybe wrong, inaccurate or out of date. Regulations do change all the time.

Here's a list of the places we know about. Much of this is 'off the net' and may thus be more or less flawed. "Y" means it is legal, "N" means it is illegal, "?" means their status is unclear.

A: Possession of fresh mushrooms
B: Possession of dried mushrooms
C: Possession of mushroom spores
D: Cultures at mycelium stage
E: Cultures at mushroom stage

Location A B C D E Noted
Austria Y ? Y Y Y Mushrooms are considered decorative plants and unless attempts to extract psilocybin are made, they should remain legal.
Canada Y N Y Y Y If Bill C-7 passes, possession of fresh mushrooms and cultures will become illegal.
Great Britain Y Y Y Y Y A legislative quirk allows the possession of "naturally dried" (sun-dried) shrooms.
The Netherlands Y N Y Y Y Even the sale of fresh mushrooms is legal. See "Growing Mushrooms" for addresses.
United States
(California) N N N N N Spores and cultures are explicitly forbidden by CA Health & Safety Code Section 11391.
United States
(Florida) Y N Y Y N Possession of fresh mushroom if picked "accidentally" (low quantities) is allowed.
United States
(Oregon) Y N Y Y N Even allowing mushrooms to grow on your property is (theoretically) illegal.
United States
(Federal) N N Y Y N State laws take precedence over Federal law in the U.S., so this may not apply.
International Y N Y Y N This is the United Nations standard and most nations follow it.


These laws are based on a balance between the UN Convention on Psychotropic Substances, which makes psilocybin and psilocin illegal, and recognition of the fact that the substances occur in nature. For each category:

Fresh shrooms: The basic idea is that since shrooms grow in nature, it'd be silly to arrest grannies who happen to have a few growing in their backyard, or who pick them by accident. This hasn't stopped most of the US (except Florida) from banning them entirely. Of course, if you are caught with 3000 Str. cubensis, you'll have a hard time claiming you picked them by "accident".
Dry shrooms: Usually taken as proof of intent to consume, and thus illegal. In Britain, "naturally dried" shrooms are legal, ie. if you leave them on a windowsill by 'accident' it's OK.
Shroom spores: Spores contain no psilocybin or psilocin and thus are not covered by regulations - except in California.
Cultures before shrooms appear: Same as above, usually. Advanced mycelia do contain psilocybin and psilocin. With the rice cake method you can grow until the mycelia are complete and then eat the cakes; this way you can trip without ever being in possession of shrooms.
Cultures after shrooms appear: Clear intent to consume, and you'll probably get charged with possession with intent to sell as well. However! In some more liberal countries, such as Finland, you might be able to argue that the mushrooms were grown for decorative (ha!) or research purposes. Do not count on it.
Mushroom hunting is another issue. On public property, hunting itself is not illegal, but you're not likely to run into cows in national parks either. =) Some countries like Finland have the legal concept of "everyman's right" which allows, among other things, picking mushrooms on private property, except on fields which once again makes things tricky. But unless you live in a notorious shroom zone - some areas of Florida and South Wales come to mind - the odds of getting hassled by farmers, much less getting caught by the police, are practically zero.

If you are caught by the cops, expect to be charged with trespassing and possession of controlled substances. Unless large quantities are involved, you will probably get by with probation and/or a fine. If caught in Florida, you can cite the state laws and have the possession charge reduced or dropped entirely.

Disclaimer: Information listed here maybe wrong, inaccurate or out of date. Regulations do change all the time.





Anyways, I don't know how accurate this guy is, he refers to everything as "shrooms". Some stuff is obviously wrong.

Edited by Civ (11/16/06 04:16 AM)

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OfflineChuckV
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Registered: 10/04/06
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Re: Wa State Mushroom Legality Questions. [Re: Civ]
    #6288638 - 11/16/06 06:09 AM (17 years, 6 months ago)

If for some reason your home was raided, and the authorities found cakes/casings, you would most definitely be charged with something. If you were lucky, and the number of cakes/casings wasn't too large, you wouldn't get intent to distribute charges.

Generally speaking, if you're caught, you won't be nearly as screwed as someone growing marijuana. If I'm not mistaken, there was only house arrest involved in the PF case, and that individual was growing large numbers of mushrooms to produce spores, and telling people how to use those spores to produce mushrooms.

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InvisibleKoala Koolio
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Registered: 01/07/04
Posts: 7,752
Re: Wa State Mushroom Legality Questions. [Re: ChuckV]
    #6288696 - 11/16/06 07:37 AM (17 years, 6 months ago)

"Generally speaking, if you're caught, you won't be nearly as screwed as someone growing marijuana. If I'm not mistaken, there was only house arrest involved in the PF case, and that individual was growing large numbers of mushrooms to produce spores, and telling people how to use those spores to produce mushrooms. "

Not sure I agree with you there. You'd generally be more screwed than an mj grower.

PF's case was "special". Whatever that means. I don't keep up to date on his drama, but he was either a rat, or made some other kind of miraculous deal with them.


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You're not like the others. You like the same things I do. Wax paper, boiled football leather... dog breath. We're not hitch-hiking anymore, we're riding!

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Offlineshroom_me
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Re: Wa State Mushroom Legality Questions. [Re: Koala Koolio]
    #6290397 - 11/16/06 03:39 PM (17 years, 6 months ago)

ok, so getting busted if your smart and dont invite the cops in for tea, and you dont have a bunch of traffic in your house(i never do anyways) and you pay for spores and supplies in cash you would be very unlikely to be caught right? I mean they have no reason to even be looking in your direction really i would think, someone, or rather 4 independent sources would have to say that they knew you were growing to legally get a search warrant, so long as I'm discreet i see no reason i should really worry. But i do live in an apartment so a little bit of anxiety on that one.

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InvisibleS33D
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Re: Wa State Mushroom Legality Questions. [Re: shroom_me]
    #6291790 - 11/16/06 09:21 PM (17 years, 6 months ago)

So shroom_me how much does a apartment go for on mars?


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If my calculations are correct, when this baby hits eighty-eight miles per hour... you're gonna see some serious shit.
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Offlineshroom_me
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Re: Wa State Mushroom Legality Questions. [Re: S33D]
    #6292279 - 11/16/06 11:01 PM (17 years, 6 months ago)

about $400.. lol

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