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Offlinegonnadoit
man with a plan
Registered: 05/23/02
Posts: 74
Last seen: 14 years, 7 months
ALL VENDORS PLEASE READ
    #884546 - 09/16/02 12:39 AM (14 years, 8 months ago)

Please read and take into consideration the following. It clearly states that mushroom spores can be sent to California legally. Have all of your buyers sign an agreement saying they are not intending on cultivating the mushrooms spores, that they just want them for the shear beauty. I know I don't want to cultivate them. I bet you guys are loosing a lot of money not shipping to California anyway, and just think the first one to do it gets all the business.

HEALTH AND SAFETY CODE : SECTION 11390-11392


11390. Except as otherwise authorized by law, every person who,
with intent to produce a controlled substance specified in paragraph
(18) or (19) of subdivision (d) of Section 11054, cultivates any
spores or mycelium capable of producing mushrooms or other material
which contains such a controlled substance shall be punished by
imprisonment in the county jail for a period of not more than one
year or in the state prison.



11391. Except as otherwise authorized by law, every person who
transports, imports into this state, sells, furnishes, gives away, or
offers to transport, import into this state, sell, furnish, or give
away any spores or mycelium capable of producing mushrooms or other
material which contain a controlled substance specified in paragraph
(18) or (19) of subdivision (d) of Section 11054 for the purpose of
facilitating a violation of Section 11390 shall be punished by
imprisonment in the county jail for a period of not more than one
year or in the state prison.



11392. Spores or mycelium capable of producing mushrooms or other
material which contains psilocyn or psyoclyin may be lawfuly obtained
and used for bona fide research, instruction, or analysis, if not in
violation of federal law, and if the research, instruction, or
analysis is approved by the Research Advisory Panel established
pursuant to Sections 11480 and 11481.

Is it legal to sell spores from mushrooms which contain psilocybin?

It?s not explicitly outlawed in any state except California and Georgia. In Georgia it's a misdemeanor to sell, or possess mushroom spores capable of producing psilocybin or psilocin when mature.
With respect to California, the short answer to your question is ?it?s not legal.? In other words, if a prosecutor was so inclined, he or she could charge a person with a felony for importing Psilocybe mushroom spores in to California. Under section 11391 of the California Health and Safety Code, it is a crime to transport, import, sell, furnish, give away, (or offer to do any these) ?any spores or mycelium capable of producing mushrooms or other material which contain? psilocybin or psilocin.

However, under the plain terms of the statute, the above actions are only a crime if done ?for the purpose of facilitating a violation of Section 11390? (Section 11390 makes it a crime to cultivate psilocybin-producing mushrooms with the intent to produce a controlled substance). In other words, it appears that it is perfectly legal to import Psilocybe mushrooms spores into California or sell them, so long as the spores are not intended to be used for cultivation. So, importing Psilocybe spore prints for the purpose of assisting mushroom identification, or for their natural beauty, or for any reason other than to facilitate cultivation appears legal under the statute.

As mentioned above, however, a person could be arrested just for importing the spores if the prosecutor believes he or she can show that the person intended to use them for cultivation. In fact, the average prosecutor, upon learning that someone in California was importing Psilocybe spore prints, would probably jump to the conclusion that the person intends to cultivate the mushroom. By showing that a search of the person?s home turned up petri dishes, agar, and/or books on cultivating Psilocybe mushrooms, a prosecutor might be able to construct an untrue but compelling circumstantial evidence case against a truly innocent mycophile who imported such spores for noncriminal purposes.

Lastly, under the California statutes, it is theoretically possible for a person whose ?research, instruction, or analysis? has been approved by the Research Advisory Panel, to legally import and cultivate psilocybin-producing spores or mycelium. (Cal. Health & Saf. Code sec. 11392.)

referance

----------------------

http://www.alchemind.org/DLL/mushroomlaw.htm


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InvisibleRoadkill
Retired Shroomery Mod
Male User Gallery

Registered: 12/11/01
Posts: 22,598
Loc: Snoqualmie, Wa.
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #884565 - 09/16/02 12:53 AM (14 years, 8 months ago)

Do you really think they are going to consider this?

I don't think so.

:smirk: 


--------------------
Laterz, Road

Who the hell you callin crazy?
You wouldn't know what crazy was if Charles Manson was eating froot loops on your front porch!


Brainiac said:
PM the names with on there names, that means they have mushrooms for sale.



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Offlinegonnadoit
man with a plan
Registered: 05/23/02
Posts: 74
Last seen: 14 years, 7 months
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #884617 - 09/16/02 01:44 AM (14 years, 8 months ago)

Thats just like your opinion man. Seriously though, why not it clearly states that it is legal. I don't understand why they wouldn't. Whatever though you can't tell me it wasn't worth a shot.


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OfflinePoopman
Man of Poop
Registered: 04/04/02
Posts: 643
Loc: Los Angeles
Last seen: 8 years, 4 months
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #885371 - 09/16/02 10:23 AM (14 years, 8 months ago)

Finally, someone on my side. A couple months ago I tried fighting this point of view out with Roadkill and we basically got no where. Even it is legal to send spores to California, people have come to believe that it is illegal. Some vendors will stick to this and will not send out spores but you can always find some who will. There really is no point in trying because the belief that spores are illegal is so accepted. Here is another link on the legality of spores in Cali:

http://www.erowid.org/plants/mushrooms/mushrooms_law8.shtml


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Offlinegonnadoit
man with a plan
Registered: 05/23/02
Posts: 74
Last seen: 14 years, 7 months
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #886915 - 09/17/02 12:32 AM (14 years, 8 months ago)

Hell yeah poopman you tell em' I wonder who the hell told everyone it was illegal in the first place. Whoever it was.......ohh....maaan. He was probably just some dumbass that read one thing and said op its ilegal.I'm not getting any feedback from the vendors so I gues it was a waste of effort. I guess they're just too scared to do it, and I guess I can't blame them, all I know if I was in the spore business I would definatley try to work out a way to sell to California. They're are a shitload of people in that state.

THERE GOES THE MONEY!!


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OfflinepsilocyberV
old hand

Registered: 06/09/99
Posts: 1,811
Last seen: 13 hours, 32 minutes
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #887177 - 09/17/02 04:06 AM (14 years, 8 months ago)

Post deleted by administrator.


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InvisibleRyche HawkV
A Messenger
Male User Gallery

Registered: 03/01/01
Posts: 2,090
Re: ALL VENDORS PLEASE READ [Re: psilocyber]
    #889396 - 09/17/02 08:20 PM (14 years, 8 months ago)

Well I was going to reply to this post but Psilocyber clearly pointed out the same thing I seen when I read it.

if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.

This is pretty much the bottom line. Sorry guys and gals from CA ... its just not worth it for us to get in trouble just to make a few bucks sending spores to CA.




--------------------
-Peace-

High Quality MUSHROOM SPORES and CULTURES  for microscopy at www.muShrooms.com


muShrooms.com is the new web site of
www.thehawkseye.com


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Offlinepleezr
fuct

Registered: 12/22/01
Posts: 1,708
Loc: NW
Last seen: 12 years, 3 months
Re: ALL VENDORS PLEASE READ [Re: Poopman]
    #889902 - 09/18/02 02:09 AM (14 years, 8 months ago)

Better safe than sorry, legal or not.


--------------------
pleezr

"Tell me about the fucking golf shoes!!"


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Offlineneophyteshroomer
enthusiast
Registered: 07/07/02
Posts: 242
Last seen: 13 years, 5 months
Re: ALL VENDORS PLEASE READ [Re: Ryche Hawk]
    #892403 - 09/19/02 02:14 AM (14 years, 8 months ago)

guys are mean!
:frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: :frown: 


--------------------
Make Sure You Bring A Towel!!!
.....
..... You wanna get high?


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Offlinegonnadoit
man with a plan
Registered: 05/23/02
Posts: 74
Last seen: 14 years, 7 months
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #892461 - 09/19/02 04:05 AM (14 years, 8 months ago)

I understand, but it does say more than just having to be Research Advisory Panel approved. I just don't think it's worth trying to work out, because it isn't going to get me anywhere I think that people jump to conclusions, I think just because there is something like this in the California Health and Safety code that it is automattically deemed illegal. People don't really bother to find out for sure. If I was a spore vender I would definately pay a lawyer for an hour and show him or her the health and safety code, and then got thier opinion. I really think sending spores to Cali can be looped. Thank you all for replying maybe one day some rebel Vendor will do the deed until then ***********ROADTRIP!!!!***************


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OfflinepsilocyberV
old hand

Registered: 06/09/99
Posts: 1,811
Last seen: 13 hours, 32 minutes
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #892834 - 09/19/02 09:15 AM (14 years, 8 months ago)

Post deleted by administrator.


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Anonymous

Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #893840 - 09/19/02 04:49 PM (14 years, 8 months ago)

It would seem to me that the vendors have a firm and justified position here. Looks like all our Cali bros should be concentrating on trading with shroomerites in more enlightened states. Of course, I would personally never advocate such a course of action ;-) Write your so-called representatives to try and make some progress. Good Luck!

peace :cool:

"If the personal freedoms guaranteed by the Constitution inhibit the government's ability to govern the people, we should look to limit those guarantees." [Pres. Bill Clinton, August 12, 1993]

 


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InvisibleRyche HawkV
A Messenger
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Registered: 03/01/01
Posts: 2,090
Re: ALL VENDORS PLEASE READ [Re: ]
    #893956 - 09/19/02 05:49 PM (14 years, 8 months ago)

A quick note.. .its not our fault the voters of CA or GA managed to pass these laws.
But the unwritten law among vendors is if you want to buy from these states.. send cash only...no credit card orders.. no money orders..cash only...no spore syringe requests.. prints only. A little Hawk told me they will fly this way if those conditions are met. :smile:


--------------------
-Peace-

High Quality MUSHROOM SPORES and CULTURES  for microscopy at www.muShrooms.com


muShrooms.com is the new web site of
www.thehawkseye.com


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Invisiblemycofile
Pooh-Bah
 User Gallery

Registered: 01/19/99
Posts: 2,336
Loc: Uranus
Re: ALL VENDORS PLEASE READ [Re: Ryche Hawk]
    #894311 - 09/19/02 08:27 PM (14 years, 8 months ago)

Funny, I got berrated for saying the same thing a few months ago...


--------------------
"From a certain point of view"
-Jedi Master Obi Wan Kenobi

PM me with any cultivation questions.

I just looked at my profile and realized I had a website at one point in time on geocities, it's not there anymore and I have no idea what I had on it. Anybody remember my website from several years aga? PM if so please.


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Invisibleboxtop703
ThesaurusLinguae Graecae
 User Gallery

Registered: 06/26/01
Posts: 5,011
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #894362 - 09/19/02 08:59 PM (14 years, 8 months ago)

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Offlinegonnadoit
man with a plan
Registered: 05/23/02
Posts: 74
Last seen: 14 years, 7 months
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #894861 - 09/20/02 04:20 AM (14 years, 8 months ago)

I understand that some vendors will not risk sending to CA and GA because thier is no way insuring thier saftey. I know there are some places who do send spores, which I will never say to anyone, just like the venders won't send to the two states. I understand how those select few take the risk, hell maybe they're feds. So don't get me wrong I understand. After all anyone on this message board could be a fed.

******A magically appearing mailbox at the end of a dusty road.........hmmmm******


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InvisibleCptnMaxMushroom
enviromentaladvocate
Registered: 08/26/02
Posts: 138
Re: ALL VENDORS PLEASE READ [Re: gonnadoit]
    #895029 - 09/20/02 06:47 AM (14 years, 8 months ago)

There ARE vendors who will ship to California. Just email them and ask.


--------------------
Visit the SporeLab....
http://www.sporelab.com
A trip you'll never forget!


Edited by Anno (09/20/02 06:57 AM)


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Anonymous

Re: ALL VENDORS PLEASE READ [Re: psilocyber]
    #897322 - 09/21/02 02:09 PM (14 years, 8 months ago)

In reply to:

Yes, it is completely legal to buy tobacco products (cigarettes). However you MUST be 18 years or older to buy them. A signed permission note from your parents stating that the cigarettes are for them DOES NOT fly when you walk into the quicky mart and try to score smokes when you are 16 years old.





not to create any trouble or anything, but one time when i was 8 i bought ciggerettes for my mom, with a note from her. but of course it was the local liquor store that i had been going to ever other day since i was born... but i did it.


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Offlineleafblowerz
Shroom mumbler
Registered: 08/15/02
Posts: 995
Last seen: 14 years, 3 months
Re: ALL VENDORS PLEASE READ [Re: Ryche Hawk]
    #897458 - 09/21/02 03:18 PM (14 years, 8 months ago)

I can't see a vendor from outside of California and where it is legal being in any kind of a bind by shipping to California. The receiver could experience problems if their order is intercepted and they don't have the proper approval, of course.

My compliments to Ryche and Cap.

By the way, Ryche. It wasn't the voters in California that created that statute. It was our fucking ignorant legislators!

Leaf


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Invisibleutopianglory
Spunkmuffin
Registered: 07/20/02
Posts: 965
Re: ALL VENDORS PLEASE READ [Re: leafblowerz]
    #899898 - 09/22/02 08:11 PM (14 years, 8 months ago)

Even if the law does not suggest that the sender will get in trouble for sending the contraband, it does not mean that the state of california could not pull some strings and have these people's business operations looked over. As said earlier, in the other states the law protects them.



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