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OfflineTrip_Out_7
PaRTy aNiMaL

Registered: 07/24/02
Posts: 1,114
Loc: Ontario, Canada
Last seen: 14 years, 4 months
Legal Issues about Mushies in Canada
    #883699 - 09/14/02 09:56 AM (14 years, 9 months ago)

Hello fellow Shroomers...

Ok I wanted to know if anyone knows if it is legal to grow shrooms in Canada..

I heard it is legal to grow them, but you just can't be caught with dried mushies...
could someone help me out with this issue? I do know it is legal to posess spores..I know that for sure, but not sure about the growing part.

thanks


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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!!


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InvisibletrendalM
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Registered: 04/17/01
Posts: 19,870
Loc: Ontario, Canada
Re: Legal Issues about Mushies in Canada [Re: Trip_Out_7]
    #884838 - 09/16/02 05:46 AM (14 years, 9 months ago)

Under the old drug laws (pre 1996) in Canada it was legal to possess mushrooms as long as they were not dried (intent to consume). The new laws, the Controlled Drugs and Substances Act, simply states that psilocybin/psilocin are illegal. Near the beginning it states that anything containing a controlled substance is also illegal.

Some people say that fresh mushrooms are still exempted, but I dissagree because nowhere in the criminal code does it mention that they are exempted. Mushrooms are illegal at all stages of growth (where they contain psilocybin/psilocin) in Canada.


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InvisibleRipple
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Registered: 05/16/02
Posts: 21,014
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Re: Legal Issues about Mushies in Canada [Re: trendal]
    #884919 - 09/16/02 06:50 AM (14 years, 9 months ago)

So would spores in the early stages of growth (no fruit) say in a PF jar be legal?


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InvisibletrendalM
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Re: Legal Issues about Mushies in Canada [Re: Ripple]
    #885026 - 09/16/02 07:41 AM (14 years, 9 months ago)

As long as there was no psilocybin/psilocin in them you would not be quilty of possession of a controlled substance.

However there is another section which talks about "intent" to produce a controlled substance. If they REALLY wanted to come down on you, you would probably have a hard time arguing that you didn't have an intent to produce the mushrooms.

Here's a link to the entire Controlled Drugs and Substances Act:
http://laws.justice.gc.ca/en/C-38.8/text.html


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Offlinemixpix
C'est dommage!
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Registered: 06/18/02
Posts: 92
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Re: Legal Issues about Mushies in Canada [Re: trendal]
    #885112 - 09/16/02 08:23 AM (14 years, 9 months ago)

I may be way off but if theydo not provide alist of mushrooms containing these chemicals, would it be possible to play reallly dumb? saying you got some port or shitake mushroom prints from somebody off the net and this is what they produced?
In that case, you were not informed of the inability to grow this species, thus making it not possible for intent right?
I dunno but I hope they do some reform to the drug laws soon


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and when you try to toy with nature
youll be falling with the leaves


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InvisibletrendalM
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Registered: 04/17/01
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Loc: Ontario, Canada
Re: Legal Issues about Mushies in Canada [Re: mixpix]
    #885288 - 09/16/02 09:57 AM (14 years, 9 months ago)

You could try arguing that but I doubt it would hold up in court. The skills and knowledge required to grow psychedelic mushrooms probably wouldn't be had by a person who didn't even know what they were growing.

I think it would be VERY hard to argue your way out of a cultivation charge.


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Offlinemixpix
C'est dommage!
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Registered: 06/18/02
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Re: Legal Issues about Mushies in Canada [Re: trendal]
    #885310 - 09/16/02 10:04 AM (14 years, 9 months ago)

i meant that you didnt know the genetics of the shroom
like you just "found" a shroom and decided to cultivate it, not knowing it contained active chemicalsthat were illegal


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and when you try to toy with nature
youll be falling with the leaves


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Offlinemixpix
C'est dommage!
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Registered: 06/18/02
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Re: Legal Issues about Mushies in Canada [Re: trendal]
    #885316 - 09/16/02 10:05 AM (14 years, 9 months ago)

but it could still be easily argueed that you did
i dunno
any real facts on the mushroom itself being illegal by itself?
links?


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and when you try to toy with nature
youll be falling with the leaves


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InvisibletrendalM
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Posts: 19,870
Loc: Ontario, Canada
Re: Legal Issues about Mushies in Canada [Re: mixpix]
    #885413 - 09/16/02 10:38 AM (14 years, 9 months ago)

The CDSA states that anything which contains a controlled substance is as illegal as the substance itself.


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OfflineJatoba
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Registered: 10/22/04
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Last seen: 4 years, 2 months
Re: Legal Issues about Mushies in Canada [Re: trendal]
    #4513119 - 08/09/05 03:09 AM (11 years, 10 months ago)

I'm not trying to be smart or funny, but if anything containing a controlled substance is illegal(in canada), shouldn't all of us Canadians be in jail because our brains naturally produce DMT? Couldn't your brain be arrested for intent to produce a controlled substance? Couldn't the country of Canada be arrested itself because many controlled substances are contained within it? Many drug laws make sense but many have serious flaws as far as I'm concerned.


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Offlineapocryphal hypocon
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Registered: 01/30/15
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Last seen: 2 years, 4 months
Re: Legal Issues about Mushies in Canada [Re: Jatoba]
    #21204730 - 01/31/15 12:06 AM (2 years, 4 months ago)

Good point! As far as I know you can have spores and I believe mycelium as well, as I have seen that for sale in Canada. Not sure if mycelium has psilocybin in it but if so I think it's very little and would take a lot for law enforcement to test it while the charges pend and maybe they would not find any, or it would contaminate and the mycelium would die quickly, so I'm not sure they would bother for mycelium, just make sure you are keeping it for research. Technically I think you just can't possess anything with psilocybin. It's all pretty dumb, the war on drugs is a stupid bother, psilocybin is illegal, but you can have spores, but you can't get those without a shroom, cannabis including the seed is illegal but you can have as many poppy seeds as you wish...just don't grow any...


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Offlinemy3rdeye
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Registered: 08/10/12
Posts: 4,281
Loc: Canada Flag
Last seen: 3 months, 2 days
Re: Legal Issues about Mushies in Canada [Re: apocryphal hypocon]
    #21209298 - 02/01/15 01:22 AM (2 years, 4 months ago)

You can grow peyote but preparing it to eat is a crime. My policy on all these things is don't get caught. All drugs are legal in my basement.


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