Home | Community | Message Board

Mushrooms.com
Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: North Spore North Spore Mushroom Grow Kits & Cultivation Supplies   Left Coast Kratom Buy Kratom Extract, Kratom Powder For Sale   Original Sensible Seeds Autoflowering Cannabis Seeds, Bulk Cannabis Seeds, Feminized Cannabis Seeds, High THC Strains, USA West Coast Strains   Kraken Kratom Red Vein Kratom   Bridgetown Botanicals Bridgetown Botanicals, CBD Capsules, CBD Edibles, CBD Oils, CBD Topicals

Jump to first unread post Pages: < Back | 1 | 2  [ show all ]
OfflineTrip_Out_7
PaRTy aNiMaL

Registered: 07/24/02
Posts: 1,114
Loc: Ontario, Canada
Last seen: 18 years, 7 months
Re: Canadian Law [Re: mjshroomer]
    #813666 - 08/12/02 08:42 PM (19 years, 1 month ago)

Hey, that's a very interesting read you have there....

I was told by my brother that it was legal to cultivate it, but you can't have any dried because then it would be for the purpose of consumption and possible trafficing....hmmm....

A few other friends told me that it was legal as well for cultivation....


--------------------
________________________________________
If you don't relax and suck it in, everyone's gonna hate you and then you'll hate you, and then the mushies will hate you....in two words...RELAX DAMMIT!!


Extras: Filter Print Post Remind Me! Notify Moderator Top
Anonymous

Re: Canadian Law [Re: mjshroomer]
    #813672 - 08/12/02 08:45 PM (19 years, 1 month ago)

That says use of the drug is illegal,.
not possesion of plants containing the drug.


Extras: Filter Print Post Remind Me! Notify Moderator Top
Invisiblemjshroomer
Sage
Registered: 07/22/99
Posts: 13,774
Loc: gone with my shrooms
Re: Canadian Law [Re: ]
    #813815 - 08/12/02 10:12 PM (19 years, 1 month ago)

Tellthat to the RCMP who arrests you for having them. They just let the courts decided anyway. No skin off their backs to bust you.


Extras: Filter Print Post Remind Me! Notify Moderator Top
InvisibletrendalM
J♠
Male User Gallery

Registered: 04/17/01
Posts: 20,780
Loc: Ontario, Canada
Re: Canadian Law [Re: mjshroomer]
    #818210 - 08/15/02 03:35 PM (19 years, 1 month ago)

Shrooms are illegal to grow or have at any stage of their life except spores. The old drug laws allowed shrooms at any stage except dried, but the current drug law (passed in 1996) changed that.

Peyote is legal to grow and own as long as it isn't dried out or processed for consumption. Mescaline is illegal but on the same line peyote is exempted:

17.
Mescaline (3,4,5--trimethoxybenzeneethanamine) and any salt thereof, but not peyote (lophophora)

Here's the link to the entire drug code of Canada:
http://laws.justice.gc.ca/en/C-38.8/text.html

Hope that helps!


--------------------
Once, men turned their thinking over to machines in the hope that this would set them free.
But that only permitted other men with machines to enslave them.


Extras: Filter Print Post Remind Me! Notify Moderator Top
OfflineDiscordja
Pope

Registered: 08/07/02
Posts: 243
Loc: Atlantic Canada
Last seen: 17 years, 14 days
Re: Canadian Law [Re: trendal]
    #818864 - 08/15/02 08:14 PM (19 years, 1 month ago)

If that's true, then what the hell is Judge Dyck (great name) talking about in the Steve Kubby case (posted above, repeated here for your viewing pleasure - http://www.drugwar.com/pkubbynofugitive.shtm )

"Dyck noted that possession of live mushrooms is legal and only the dried form is illegal, in Canada. She also acknowledged that possession of a small amount of dried mushroom would probably not be prosecuted in Canada. However, since Kubby was convicted in the U.S. of something that was technically illegal in Canada, she was required to declare Kubby inadmissible until the sentence for the mushroom stem had been served."

Drug laws...making...head...explode...*POP!*



--------------------
Remember, it's only true if it makes you laugh...


Extras: Filter Print Post Remind Me! Notify Moderator Top
Offlinemirror_saw
journeyman
Registered: 08/16/02
Posts: 59
Last seen: 19 years, 1 month
Re: Canadian Law [Re: trendal]
    #819129 - 08/16/02 02:03 AM (19 years, 1 month ago)

the current drug law (passed in 1996) changed that.

11. Psilocin (3--[2-- (dimethylamino)ethyl]--4-- hydroxyindole) and any salt thereof

12. Psilocybin (3--[2-- (dimethylamino)ethyl] --4-- phosphoryloxyindole) and any salt thereof

I can't see any mention of psilocybe mushrooms (but I didn't read the whole thing)

With Mescaline, it does say but not peyote.

With psilocybin there is no explicit exemption for psilocybin mushrooms, is that why you believe they are illegal?


Extras: Filter Print Post Remind Me! Notify Moderator Top
InvisibletrendalM
J♠
Male User Gallery

Registered: 04/17/01
Posts: 20,780
Loc: Ontario, Canada
Re: Canadian Law [Re: mirror_saw]
    #823080 - 08/17/02 09:36 AM (19 years, 1 month ago)

That's one of the reasons, yes. Erowid used to have, in their Law section on Mushrooms, a note about Canadian law which said that only dried mushrooms were illegal in Canada but that if the Controlled Drugs and Substances act was passed all stages of mushroom would be illegal except spores (because they do not contain psilocin/psilocybin).

But the fact that Peyote is mentioned as an exemption but mushrooms are not mentioned leads me to believe that Erowid was right and mushrooms are now illegal in Canada.


--------------------
Once, men turned their thinking over to machines in the hope that this would set them free.
But that only permitted other men with machines to enslave them.


Extras: Filter Print Post Remind Me! Notify Moderator Top
Offlinemirror_saw
journeyman
Registered: 08/16/02
Posts: 59
Last seen: 19 years, 1 month
Re: Canadian Law [Re: trendal]
    #823445 - 08/17/02 12:43 PM (19 years, 1 month ago)

I see your point, that there is no exemption as with peyote could imply that psilocybe mushrooms are illegal.

The flip side is that in some cases the plant is listed as well as the substance(s) it contains, e.g. Cannabis, Opium poppy, Coca leaf and Catha edulis and their respective chemical constituents.

Lysergic acid is listed and yet there is no exemption for Morning Glory which I imagine are grown without prosecution in Canada.

Mescaline is listed and yet there is no exemption for Trichocereus spp. (San Pedro etc.) which I imagine are available from speciality cacti shops.


From the Act:

(2) For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

(b) a reference to a controlled substance includes a reference to

(i) all synthetic and natural forms of the substance, and

(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use

(A) in producing the substance, or

(B) in introducing the substance into a human body.


One difference I can see between this Act and equivalent legislation in Britain and Holland is that in those countries statutes the word "preparation" is used. Raw mushrooms are not considered to be rightly described as a preparation containing the drug.

In the Canadian Act the term used is "any thing that contains" where the intention is to produce or use the drug.

In Britain, to admit you intended to eat the raw psilocybe mushrooms in your possession would be no evidence you had broken the law.

In Canada, as far as I can see, if you were to collect mushrooms for study you would not be in possession of a controlled drug. If you were to cultivate the mushrooms as an ornamental you would not be in possession of a controlled drug. If you intend to use them as a drug however, they would seem to be illegal.

Just my opinion, and someone from Canada needs to phone up the relevant government department to find out the official position.


Extras: Filter Print Post Remind Me! Notify Moderator Top
InvisibletrendalM
J♠
Male User Gallery

Registered: 04/17/01
Posts: 20,780
Loc: Ontario, Canada
Re: Canadian Law [Re: mirror_saw]
    #823582 - 08/17/02 02:15 PM (19 years, 1 month ago)

I should point out that in our (Canada's) previous drug laws, psylocybe mushrooms in the mycelium, fruiting, and fresh fruit stages were explicitly exempted from the law, making dried or processed mushrooms the only illegal form to possess. The fact that the same thing is not done in the Controlled Drugs and Substances Act again points me in the direction of mushrooms being completely illegal.


--------------------
Once, men turned their thinking over to machines in the hope that this would set them free.
But that only permitted other men with machines to enslave them.


Extras: Filter Print Post Remind Me! Notify Moderator Top
Offlinemirror_saw
journeyman
Registered: 08/16/02
Posts: 59
Last seen: 19 years, 1 month
Re: Canadian Law [Re: trendal]
    #823672 - 08/17/02 03:05 PM (19 years, 1 month ago)

I should point out that in our (Canada's) previous drug laws, psylocybe mushrooms in the mycelium, fruiting, and fresh fruit stages were explicitly exempted

As I understand it (and I'm no expert), there are rules of language for interpreting statute. The tendency is that prohibition must be specific, merely removing the exemption would not in itself make them illegal. It seems as if the governments intention was to make all use of psilocybe mushrooms illegal, but the mushrooms themselves would still not be.

mj pointed out that the police could happily bust you and leave it to the Court's to decide, I suspect he is right.


Extras: Filter Print Post Remind Me! Notify Moderator Top
InvisibletrendalM
J♠
Male User Gallery

Registered: 04/17/01
Posts: 20,780
Loc: Ontario, Canada
Re: Canadian Law [Re: mirror_saw]
    #823741 - 08/17/02 03:42 PM (19 years, 1 month ago)

From your post before:

(2) For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

(b) a reference to a controlled substance includes a reference to

(i) all synthetic and natural forms of the substance, and

(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use



Look at the line:
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use

I'd say that means that any mushrooms in your possession that are intended for "use" would be illegal. If you could somehow show that the mushrooms you had were never intended for "use" you might be able to get out of trouble. It all comes down to how the court decides, but I'd say if they want you in trouble there is very little you could do to get out of it.


--------------------
Once, men turned their thinking over to machines in the hope that this would set them free.
But that only permitted other men with machines to enslave them.


Extras: Filter Print Post Remind Me! Notify Moderator Top
InvisibletrendalM
J♠
Male User Gallery

Registered: 04/17/01
Posts: 20,780
Loc: Ontario, Canada
Re: Canadian Law [Re: trendal]
    #823753 - 08/17/02 03:45 PM (19 years, 1 month ago)

Here's a link I found. It's a RCMP story about mushroom grow-ops. Doesn't specifically say they are illegal, but does mentions grow-op busts.
http://www.rcmp-grc.gc.ca/online/online0104.htm



--------------------
Once, men turned their thinking over to machines in the hope that this would set them free.
But that only permitted other men with machines to enslave them.


Extras: Filter Print Post Remind Me! Notify Moderator Top
Offlinemirror_saw
journeyman
Registered: 08/16/02
Posts: 59
Last seen: 19 years, 1 month
Re: Canadian Law [Re: trendal]
    #823876 - 08/17/02 04:31 PM (19 years, 1 month ago)

Perhaps the change wasn't made for ideological policy reasons. There may have been no real intention to criminalize most users.

If it was done to solve the practical problems the police would have in trying to successfully convict commercial growers or drug dealers (caused by the exemption of the mycelium and fresh mushrooms) then most of the pieces would seem to fall into place:

"She also acknowledged that possession of a small amount of dried mushroom would probably not be prosecuted in Canada."

The exemption could easily have been removed from peyote as well. Why didn't they? perhaps because peyote isn't grown commercially and is very unlikely to turn up in any real quantity on the black market?

Just speculation.


Extras: Filter Print Post Remind Me! Notify Moderator Top
Offlinewoaihuan
Hobbiest

Registered: 11/28/06
Posts: 25
Last seen: 14 years, 3 months
Re: Canadian Law [Re: mirror_saw]
    #6776554 - 04/11/07 09:00 PM (14 years, 5 months ago)

I am sorry that I am digging up such an old thread (I am being warned now that it is exactly 1698 days old) but I am truly interested in this as I have a friend that is interested in growing a small (couple cakes) of cubensis. He is not interested in distribution, sale, drying, or use.

I talked to him about this and the worst thing that could happen to him is a criminal record. He also mentioned something that made sense to me, being that they grow ops that were in fact found and shut down may have been accused of being 'cultivated for drug use' because there was dried mushrooms in the same area.

After coming through this entire thread, it hasn't seem to come to a conclusion, and it may also be out of date.

Does anyone have any recent information regarding this?


--------------------
Disclaimer: I do not endorse illegal activity, nor do I participate in illegal activity. Any usage of spores is simply for microspore examinations. Any statements that pose a reason to believe otherwise should be disregarded as humorous.


Extras: Filter Print Post Remind Me! Notify Moderator Top
Jump to top Pages: < Back | 1 | 2  [ show all ]

Shop: North Spore North Spore Mushroom Grow Kits & Cultivation Supplies   Left Coast Kratom Buy Kratom Extract, Kratom Powder For Sale   Original Sensible Seeds Autoflowering Cannabis Seeds, Bulk Cannabis Seeds, Feminized Cannabis Seeds, High THC Strains, USA West Coast Strains   Kraken Kratom Red Vein Kratom   Bridgetown Botanicals Bridgetown Botanicals, CBD Capsules, CBD Edibles, CBD Oils, CBD Topicals


Similar ThreadsPosterViewsRepliesLast post
* canadian laws Tarface 548 1 02/01/05 09:32 PM
by Ravus
* laws in Canada? Greasehoot 773 3 11/13/02 07:56 PM
by trendal
* Laws in canada kloK 873 4 08/15/02 02:31 PM
by DreaMaTrix
* Canadian Schedules?? Kingkole 637 0 04/21/04 09:36 PM
by Kingkole
* Magic Mushroom Law, around the world Sin Bad 8,205 15 07/09/18 06:24 PM
by Inflaton
* Mexico Drug law article
( 1 2 all )
cruisinalltheway 2,508 23 05/04/06 01:50 AM
by EquilibriuM
* The law Foley 407 0 08/28/05 06:48 AM
by Foley
* Law on Shrooms? Lost4Life 1,637 10 03/26/04 03:39 AM
by YellowSubmarine

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: psilocybinjunkie, Asante, Rose, mushboy, karode13, LogicaL Chaos, bodhisatta
4,400 topic views. 1 members, 54 guests and 23 web crawlers are browsing this forum.
[ Print Topic | ]
Search this thread:

Copyright 1997-2021 Mind Media. Some rights reserved.

Generated in 0.028 seconds spending 0.006 seconds on 13 queries.