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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Mushroom-picking season returns in Martin County [FL]
    #8605247 - 07/07/08 06:27 PM (15 years, 8 months ago)

Mushroom-picking season returns in Martin County
July 7, 2008 - PalmBeachPost.com

Wet summer weather is bringing out the annual crop of mushroom pickers in rural Martin County, according to reports released today.

Martin deputies arrested three people Sunday for trespassing in a pasture off Bridge Road in the southwestern part of the county, and two people were arrested on land off State Road 714 Sunday night.

Pickers look for mushrooms with psychedelic properties that grow under damp cow manure piles in the fields.

In most cases, the pickers are found on fenced pasture land and are charged with trespassing. Property owners have complained the pickers sometimes cut fences or harass livestock in the fields.

If pickers are caught with the mushrooms that test positive for psilocybin, they can be charged with possession of the drug.

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InvisibleInvisible_Woe


Registered: 05/25/07
Posts: 11,708
Loc: Mabase
Re: Mushroom-picking season returns in Martin County [FL] [Re: veggie]
    #8605394 - 07/07/08 06:53 PM (15 years, 8 months ago)

This whole thing is stupid...so...the mushroom itself is fine to grow on the cow shit but as soon as we pick it we go to jail....why dont they put the farmer in jail...and his fucking cows...i wonder if the cow is gong to press charges for harassment or file a restraining order


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These are not the answers you should be questioning.

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Invisiblepinkfloydms
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Registered: 05/26/04
Posts: 4,470
Loc: City of Dreams
Re: Mushroom-picking season returns in Martin County [FL] [Re: Invisible_Woe]
    #8605504 - 07/07/08 07:18 PM (15 years, 8 months ago)

It wouldn't be a problem for the most part if people would quit trespassing. :ohwell:


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so yeah:
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- once with a cadaver
- and thrice with actual women(all of which were prostitutes)
Best story ever!

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OfflinePowerOfTheCoir
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Registered: 07/02/08
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Re: Mushroom-picking season returns in Martin County [FL] [Re: pinkfloydms]
    #8605746 - 07/07/08 08:21 PM (15 years, 8 months ago)

Note to FL mushroom hunters!

The FL Supreme Court has ruled that state law classifying psilocin and psilocybin as Schedule I substances does not make it sufficiently clear that these substances are found in common, naturally occurring mushrooms. The Court overturned a conviction of someone was caught with mushrooms but claimed ignorance of their illegal use.

A controlling factor in this case was the person's apparent ignorance of the illegal use of these mushrooms. Also, the mushrooms were fresh, not dried, and there was nothing that indicated he intended to consume the mushrooms.

IF YOU ARE HUNTING IN FL AND RUN INTO LAW ENFORCEMENT:

Do not in any way acknowledge that you know what your shrooms can be capable of. Don't even call them "shrooms." If you have to say something, say "I was looking for rare edible mushrooms for new cooking recipes. I don't know what species these are, so I will identify them online when I get home." Don't elaborate. If you say you have some mycologist friend, you may have to identify him to support you claim later on. If you say you are using a book but can't produce it or even name it, your story may be unbelievable in court. Keep it simple, and if you're not free to go - say you want a lawyer and then shut up!

Most people confess once they're caught. The police say they already know everything or the shroomer gets the idea that cooperation will make the officer more understanding. Sometimes evidence is inadmissible and sometimes a case is a lot less complete than it seems. If you say anything that shows knowledge of the crime, you will seal the case. Stay quiet and get a lawyer. You might spend a night in jail, but if you give them nothing you'll eventually get off. Talk and you'll end up with, at the least, probation and lots of piss testing.

The trespassing charge can stick if you crossed a barrier onto private land, but that's not nearly as bad as drug possession. Some grazing is done on public land too - find out where this is and its a lot harder to get busted for trespassing.


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InvisibleInvisible_Woe


Registered: 05/25/07
Posts: 11,708
Loc: Mabase
Re: Mushroom-picking season returns in Martin County [FL] [Re: pinkfloydms]
    #8605804 - 07/07/08 08:35 PM (15 years, 8 months ago)

Quote:

pinkfloydms said:
It wouldn't be a problem for the most part if people would quit trespassing. :ohwell:




except for the fact that drugs are against the church and if you look at it they will burn you at the stake for being a which doctor....i mean it is against the law and you will go to jail for being a psychonaut


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OfflineAlan RockefellerM
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Registered: 03/10/07
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Re: Mushroom-picking season returns in Martin County [FL] [Re: veggie]
    #8605852 - 07/07/08 08:46 PM (15 years, 8 months ago)

Quote:

Pickers look for mushrooms with psychedelic properties that grow under damp cow manure piles in the fields.




I now see why kids sometimes think they have to flip over cow patties to get the mushrooms. 

Quote:

If pickers are caught with the mushrooms that test positive for psilocybin, they can be charged with possession of the drug.




They will be charged but they won't be convicted if they fight it due to the interesting legal situation resulting from Fiske vs. Florida.

Quote:


Some grazing is done on public land too - find out where this is




That is a good point among good points!

Quote:

except for the fact that drugs are against the church and if you look at it they will burn you at the stake for being a which doctor....i mean it is against the law and you will go to jail for being a psychonaut




Another good point. 

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InvisibleInvisible_Woe


Registered: 05/25/07
Posts: 11,708
Loc: Mabase
Re: Mushroom-picking season returns in Martin County [FL] [Re: Alan Rockefeller]
    #8605915 - 07/07/08 09:01 PM (15 years, 8 months ago)

thank you :smile:


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OfflineMHbound
Ballin Out At All Cost
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Registered: 09/24/07
Posts: 6,512
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Re: Mushroom-picking season returns in Martin County [FL] [Re: Invisible_Woe]
    #8606099 - 07/07/08 09:39 PM (15 years, 8 months ago)

Fucking ask the farmer. I was scared, but I have asked 3-4 times since...Guess what? Haven't been turned down, and I live in Alabama. You know they know what I plan to do.


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Offlineshroomgatherer
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Registered: 11/08/07
Posts: 1,731
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Re: Mushroom-picking season returns in Martin County [FL] [Re: Alan Rockefeller]
    #8607414 - 07/08/08 08:34 AM (15 years, 8 months ago)

Quote:

Alan Rockefeller said:
Quote:

Pickers look for mushrooms with psychedelic properties that grow under damp cow manure piles in the fields.




I now see why kids sometimes think they have to flip over cow patties to get the mushrooms. 






Wow.  Misinformation is a KILLER.  Thanks for pointing this out!


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"Let us declare nature to be legitimate. All plants should be declared legal, and all animals for that matter. The notion of illegal plants and animals is obnoxious and ridiculous."

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Invisibledumbfounded1600
Stranger

Registered: 07/29/07
Posts: 2,624
Re: Mushroom-picking season returns in Martin County [FL] [Re: pinkfloydms]
    #8607559 - 07/08/08 09:36 AM (15 years, 8 months ago)

Quote:

pinkfloydms said:
It wouldn't be a problem for the most part if people would quit trespassing. :ohwell:




We would still get arrested. They don't know how well mushrooms can help save the world.

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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
Re: Mushroom-picking season returns in Martin County [FL] [Re: veggie]
    #8615897 - 07/10/08 01:06 AM (15 years, 8 months ago)

Busted! Illegal mushroom pickers
July 9, 2008 - wptv.com



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Offlinesuperjesus10
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Registered: 02/10/08
Posts: 2
Last seen: 15 years, 8 months
Re: Mushroom-picking season returns in Martin County [FL] [Re: veggie]
    #8618117 - 07/10/08 04:18 PM (15 years, 8 months ago)

i just got arrested here while i was gathering mushrooms for a senior project and though we explained to the deputies the  process of GIS mapping they just mocked us and took us away. i was not read my rights, there was nothing posted no trespassing and the police reports contain false information. the only problem is that i am a minor and the legal system treats me more like shit than it would three months from now when i turn 18. my friend and i had no prior knowledge of this spot; it was the first turn off of the road into a wooded area that opened up into a cow pasture. my family and i have been going through hell being mocked by every person we talk to. we told the deputies that we did not know that the mushrooms were cubes, which is true seeing as neither of us have encountered these growing wild, but we were told that we were lying and it says nowhere in the police report that we were ignorant of the species. we honestly were picking every mushroom but the majority of them growing were cubes so the majority in the bag were cubes. this spot was made for picking up people looking for mushrooms and is a complete trap with manipulative law enforcement. but on top of it all the just took a photo of the top of the bag and there is no way to show the contents of the bottom and the variety of species we had. and talk about really unlucky, it was on the fourth of july.

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OfflinePowerOfTheCoir
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Registered: 07/02/08
Posts: 421
Last seen: 13 years, 3 months
Re: Mushroom-picking season returns in Martin County [FL] [Re: superjesus10]
    #8618890 - 07/10/08 07:03 PM (15 years, 8 months ago)

Quote:

superjesus10 said:
i just got arrested here while i was gathering mushrooms for a senior project and though we explained to the deputies the  process of GIS mapping they just mocked us and took us away. i was not read my rights, there was nothing posted no trespassing and the police reports contain false information. the only problem is that i am a minor and the legal system treats me more like shit than it would three months from now when i turn 18. my friend and i had no prior knowledge of this spot; it was the first turn off of the road into a wooded area that opened up into a cow pasture. my family and i have been going through hell being mocked by every person we talk to. we told the deputies that we did not know that the mushrooms were cubes, which is true seeing as neither of us have encountered these growing wild, but we were told that we were lying and it says nowhere in the police report that we were ignorant of the species. we honestly were picking every mushroom but the majority of them growing were cubes so the majority in the bag were cubes. this spot was made for picking up people looking for mushrooms and is a complete trap with manipulative law enforcement. but on top of it all the just took a photo of the top of the bag and there is no way to show the contents of the bottom and the variety of species we had. and talk about really unlucky, it was on the fourth of july.




Are you being charged with anything? If so, what? If it's trespassing, then the photo of the bag in the record probably doesn't matter one way or the other. The only legal question is if your presence where they found you constitutes trespassing.

If you are charged with a drug offense, then they had better have the mushrooms somewhere or have had them analyzed by an expert. They might not be required to keep the mushrooms until the trial since they are perishable. If they are unknowledgable about mushrooms, they may think that photographs are sufficient to identify them. Without either positive idea by a mycologist before the samples were destroyed, or chemical analysis proving psilocin/psilocybin the photo is useless. Your lawyer will easily find an expert who will explain that a photograph cannot identify a specific species from a photograph. All the photo proves is "possession of mushrooms of unknown type." That's not a crime. A judge will then dismiss the charge since there would be insufficient evidence.

I see one glaring problem here ..... not once did you mention the word "lawyer." Yes, a lawyer will cost money but a lawyer knows how to get real answers. If you are still being charged with anything, you need a lawyer. The system will treat you like crap if you don't know the rules.


--------------------
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OfflineMHbound
Ballin Out At All Cost
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Registered: 09/24/07
Posts: 6,512
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Re: Mushroom-picking season returns in Martin County [FL] [Re: PowerOfTheCoir]
    #8618896 - 07/10/08 07:04 PM (15 years, 8 months ago)

That guy in the video was like...Ohhhh heres one I'm gonna eat this bitch tonight. Those fucking kids taking my shrooms that I sell for a profit, and eat on the weekends. God damn kids.


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OfflineAdamist
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Re: Mushroom-picking season returns in Martin County [FL] [Re: MHbound]
    #8624405 - 07/12/08 05:38 AM (15 years, 8 months ago)

Quote:

The system will treat you like crap if you don't know the rules.




Correction: the system will treat you like crap if you don't have money.


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Offlinesuperjesus10
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Registered: 02/10/08
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Last seen: 15 years, 8 months
Re: Mushroom-picking season returns in Martin County [FL] [Re: Adamist]
    #8624573 - 07/12/08 08:19 AM (15 years, 8 months ago)

Quote:



Correction: the system will treat you like crap if you don't have money.




thats where im at now. plus im 17 so i get a different kind of hearing without a lawyer.. jesus i dont even live in martin county so i have no idea what they're going to do. im only being charged with trespassing, and hopefully they'll just drop it. that guy in the video was the one who found us ,he's an asshat and he wants to press charges.

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OfflinePowerOfTheCoir
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Registered: 07/02/08
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Re: Mushroom-picking season returns in Martin County [FL] [Re: superjesus10]
    #8625556 - 07/12/08 01:42 PM (15 years, 8 months ago)

Quote:

superjesus10 said:
Quote:



Correction: the system will treat you like crap if you don't have money.




thats where im at now. plus im 17 so i get a different kind of hearing without a lawyer.. jesus i dont even live in martin county so i have no idea what they're going to do. im only being charged with trespassing, and hopefully they'll just drop it. that guy in the video was the one who found us ,he's an asshat and he wants to press charges.




One last time, get a lawyer. Maybe they were being honest and you really don't get a lawyer, maybe there's more to it. Meet with a lawyer, even if it's only a consultation, and he will be able to tell you exactly what is going on. He can also find the problems in this case that no one else in the courtroom has any motive to look for.

Just TALK to a lawyer if you actually want to improve the outcome. You can look for free legal aid. No, it's not the same as having a real, paid lawyer, but at least they understand the law better than you. If you don't care enough to try to do anything about it, don't complain.

One example of something a lawyer can look at - the exact spot you were caught has a bearing on whether or not it was trespassing. A pasture doesn't have to be fenced or marked, but is defined very specifically by Florida law. If you were next to the pasture in the woods, it may not be trespassing. The distinction is not at all clear, so if you want to understand your case you'll need a lawyer.


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OfflineMHbound
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Re: Mushroom-picking season returns in Martin County [FL] [Re: PowerOfTheCoir]
    #8625599 - 07/12/08 01:59 PM (15 years, 8 months ago)

Its all about money, and who you know...Not what you know. My attorneys saved my ass. Sure I have to spend a ton of money on them, but you know what? I'd rather be not in jail than have money and be in jail. If you walk into that court room alone they are automatically going to throw the book at your ass probably. Seeing that you're young they may be lenient on you, but you are still going to have to deal with years of probation, hours hours hours of community service, hell they may even make you clean up that guys field or work for him.

If you absolutely can't afford an attorney then at least get one of the free ones from the court. Many cases like this can be dealt with outside by your attorney without you even being there. I had a case thrown out after 3 years. I tried to fight it myself and lost, but when my attorney went up there he called me 3 hours later...Said, "ok we got this one closed". It may cost you anywhere from 500-3000 dollars depending on who you get. One of mine was expensive as hell, but he was the former District Attorney so he KNOWS everyone. Again, all about who you know.


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Offlinejerme212
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Registered: 06/08/08
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Re: Mushroom-picking season returns in Martin County [FL] [Re: MHbound]
    #8648020 - 07/17/08 05:03 PM (15 years, 8 months ago)

He said their being givin money and resources to help find mushrooms pickers. Great! glad to see more money being wasted to punish people who had no intent of harming anyone or themselves.

Edited by jerme212 (07/17/08 05:26 PM)

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InvisibleLeftyBurnz
Mr. I Eat Butthole
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Registered: 06/21/05
Posts: 24,570
Loc: FL
Re: Mushroom-picking season returns in Martin County [FL] [Re: jerme212]
    #8648212 - 07/17/08 06:17 PM (15 years, 8 months ago)

damnit man. i used to pick out off of 714 lol........  its a goldmine out there.


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