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Offlineinfinitespiral
moel


Registered: 07/13/08
Posts: 202
Last seen: 14 years, 10 months
legal issues.
    #8854036 - 08/30/08 09:42 PM (15 years, 8 months ago)

first off, if this is the wrong place to be posting this sorry and please move it.  well some unexpected unfortunate instances have taken place which is putting a end to my setup.  i was planning on just doing some edibles for a while and was wondering what would happen if the law enforcement happened to come in to see.  would they still take all my hard work? cause if thats so, should i even bother?  this sucks.:confused: i really love mycology and never will give up completely.  it just sucks that the majority of peoples out look on cultivation of mushrooms always ends up with a pre conceived assumption that its illegal or its "those" kinds of mushrooms.  such as if i was strictly growing shiitakes, this situation would have still resulted in what seems to be happening.  should i worry about big brother coming and taking my edibles?

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Offlinetyler_0_durden
Stranger


Registered: 10/28/07
Posts: 1,861
Last seen: 12 years, 5 months
Re: legal issues. [Re: infinitespiral]
    #8854053 - 08/30/08 09:47 PM (15 years, 8 months ago)

You should be fine. Try growing a batch of shittakes first, and if for some odd reason the feds decide to randomly bust down your door, then you can sue them! :smile:

What I would do though, is find a friend who won't mind having a spore syringe delivered to their place of residence, and then just pick it up when it's arrived.

Or you could just buy an eighth of cubes from someone who sells them already, and then take a cap out and soak it in warm water for a couple hours, and voila! You have your own spores.


--------------------
"As a man who has devoted his whole life to the most clear headed science, to the study of matter, I can tell you as a result of my research about atoms this much: There is no matter as such. All matter originates and exists only by virtue of a force which brings the particle of an atom to vibration and holds this most minute solar system of the atom together. We must assume behind this force the existence of a conscious and intelligent mind. This mind is the matrix of all matter."  --Max Planck

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Offlineinfinitespiral
moel


Registered: 07/13/08
Posts: 202
Last seen: 14 years, 10 months
Re: legal issues. [Re: tyler_0_durden]
    #8854071 - 08/30/08 09:50 PM (15 years, 8 months ago)

i have no trouble in the spore department.  it sucks because my martha is plumb full and about to release..... i am probably just going to plant the whole thing out side.

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InvisibleFooMan
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Re: legal issues. [Re: infinitespiral]
    #8854193 - 08/30/08 10:32 PM (15 years, 8 months ago)

Can you enlighten us a bit more on the story here? I'm a bit confused. I think what you are saying is that you have a Martha full of cubes growing, but for some reason need to get rid of them and are now worried about what would happen if LE came and saw you growing edibles?

BTW- I think the "Safety & Security" is where you would post this type of question, but I would just wait for a mod to move it rather than reposting.

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OfflineRogerRabbitV
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Registered: 03/26/03
Posts: 42,214
Loc: Seattle
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Re: legal issues. (moved) [Re: infinitespiral]
    #8854219 - 08/30/08 10:39 PM (15 years, 8 months ago)

This thread was moved from Mushroom Cultivation.

Reason:
Moved to the appropriate forum.

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Invisiblejohnm214
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Re: legal issues. (moved) [Re: RogerRabbit]
    #8854245 - 08/30/08 10:48 PM (15 years, 8 months ago)

Quote:

You should be fine. Try growing a batch of shittakes first, and if for some odd reason the feds decide to randomly bust down your door, then you can sue them! :smile:

What I would do though, is find a friend who won't mind having a spore syringe delivered to their place of residence, and then just pick it up when it's arrived.





You cannot sue the cops just cuz they don't find evidence or your innocent.  The constitution requires probable cause, not guilty, for a search, and there's no violation in searching an innocent person.


And I would think it to be very bad advice to have spores that can produce illegal mushrooms on you or anywhere around you when you are both being watched/concerned for raids, and are growing mushrooms.  They find you've got the spores and the growing equipment and the knowledge/intent to grow and all they gotta do is establish you were planning on growing mushrooms with the syringe which seems like a natural presumption unless he has some logical/convincing explanation for their presence, which I presume he does not.


If this guy is like most people he'll give them all the evidence they need for an attempt charge after the first interview when teh cops come busting down the door or knocking.  Even if he doesn't talk, its a bad idea that could hurt you.



As to your question, yes they can take your setup if they have a warrant.  Yes they probably will if they have a warrant.

Can you do anything about it if the warrant is legit?  You can get the stuff back presuming it has no evidentiary value and that's about it.

Do what you want, just don't have any naughty spores laying around if you don't wanna get charged with drug paraphanalia or attempted manufacture or something.

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Offlineinfinitespiral
moel


Registered: 07/13/08
Posts: 202
Last seen: 14 years, 10 months
Re: legal issues. (moved) [Re: RogerRabbit]
    #8854259 - 08/30/08 10:53 PM (15 years, 8 months ago)

yeah pretty much my stupid roommate doesn't have the money for rent next month, and needed to move out last minute and is using me as the excuse. and on top of all that is threatening me with legal matters.  just a bunch of shit.  really pisses me off.  i dont want to let all my prettys go but i also feel they arn't worth it.  i am seriously thinking of just finishing this flush and stopping for a bit or just tossing them all now.  i do have some shiitakes colonizing too though and would just like to keep those going at least.  i just really dont want those fuckers to come and take all my shiitake jars saying they are active, open them up and test them and say "opps, our bad sorry"  would they take them?  cause i couldn't see them just taking say one jar and testing it while leaving all the other potentially active jars at my house while testing the one.  they would probably take them all or none right?

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Invisiblejohnm214
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Re: legal issues. (moved) [Re: infinitespiral]
    #8854276 - 08/30/08 10:57 PM (15 years, 8 months ago)

Through your illegal shit away now.

I would consider getting rid of all growing supplies too, and recomend it.


And newsflash: cops are idiots.  They will not know what mushrooms are supposed to look like.  If they have a warrant or legal search they'll just take them and send them to a lab.


In my state, where weed is decriminalized, mushroom manufacture and attempt (thinking about it/buying a spore syringe with intent, et cet) is a 2 year minimum.  You wanna face that?  If not get rid of everything and never talk to your roomate about it again.


I'd sue the roomate too.  Get copies of any notes or contracts/bills and record him saying he won't pay for the rent/can't an dhow much he owes.

Get judgment in small claims and get the money out of the asshole.

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Offlineinfinitespiral
moel


Registered: 07/13/08
Posts: 202
Last seen: 14 years, 10 months
Re: legal issues. (moved) [Re: johnm214]
    #8854287 - 08/30/08 11:01 PM (15 years, 8 months ago)

another thing, if i get rid of them.  i want to bury them outside.  do i have to worry about them finding that? i wouldn't think so....

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Offlineinfinitespiral
moel


Registered: 07/13/08
Posts: 202
Last seen: 14 years, 10 months
Re: legal issues. (moved) [Re: infinitespiral]
    #8854321 - 08/30/08 11:10 PM (15 years, 8 months ago)

this really really sucks. i cant stop cussing.  man........

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Invisiblejohnm214
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Re: legal issues. (moved) [Re: infinitespiral]
    #8854345 - 08/30/08 11:15 PM (15 years, 8 months ago)

you need to calm down and realize that you are doing something very illegal that would get you 2 years minimum, no choice on the judges part, in my state and could get you much more if you get a cranky judge or you live within arbitrary distances of schools, et cet.


Count your blessings and throw out the illegal shit and at least move the mushroom growing shit somewhere else and store it with legal spore syringes.


I'd throw everything out, but that's jsut me.

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Offlinec1dh3d
The elephant is BACK
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Re: legal issues. (moved) [Re: johnm214]
    #8854488 - 08/30/08 11:55 PM (15 years, 8 months ago)

Just thought I would add in here, that they wouldn't just take your jars of legal edibles - you'd be going along for the ride as well. Police can hold you for up to 48 hours without charging you with anything, and I'd be willing to bet they'd toss you in there and let you sit every second of that 48.

I wouldn't throw everything away, just break it all down so there isn't perilite sticking to tubs and syringes inside plastic baggies. A cop can't arrest you for owning suspicious looking stuff like a plastic tub filled with holes or something - I doubt there is a cop on the force that could even tell you what the tub might be used for.

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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 5 months
Re: legal issues. (moved) [Re: johnm214]
    #8854497 - 08/30/08 11:56 PM (15 years, 8 months ago)

Quote:

johnm214 said:
You cannot sue the cops just cuz they don't find evidence or your innocent.  The constitution requires probable cause, not guilty, for a search, and there's no violation in searching an innocent person.





Just thought I'd add the fact that every state has a statute that protects law enforcement officers from civil suits that arise from the performance of their duties.

If the officers have a bona fide search warrant and execute the warrant as described in the document there is nothing you can do, as you described.


--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!

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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 5 months
Re: legal issues. (moved) [Re: c1dh3d]
    #8854506 - 08/30/08 11:59 PM (15 years, 8 months ago)

Quote:

c1dh3d said:
I wouldn't throw everything away, just break it all down so there isn't perilite sticking to tubs and syringes inside plastic baggies. A cop can't arrest you for owning suspicious looking stuff like a plastic tub filled with holes or something - I doubt there is a cop on the force that could even tell you what the tub might be used for.



Depending on the circumstances that could be conspiracy or attempt, which carries the almost the same or the same sentencing guidelines as committing the actual offense.

Bad idea, disposing of everything would be safe.


--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!

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Offlineray40cal
omnitrippint
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Registered: 05/05/08
Posts: 1,308
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Re: legal issues. (moved) [Re: Chemy]
    #8854571 - 08/31/08 12:10 AM (15 years, 8 months ago)

You might want to do more than just bury it, unless you go way out into the desert. Complete incineration, would be best. Shrooms can always be re-grown, and in very little time. Main thing is, don't grow shrooms in your house! Especially don't do that in your house if it's more than just a few small trays or cakes, because the sentence will end up being > 2 years.  If you do grow a lot of fungi, active fungi, do not, do not, do not , do not ever talk about it especially on the internet. Same goes for growing pot, which is even more likely to get you kicked in.  Every time you post something on the shroomery assume that it's being looked over by LEOs, FBI, NSA, all that because in all reality, it probably is.


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

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Invisiblejohnm214
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Re: legal issues. (moved) [Re: c1dh3d]
    #8854617 - 08/31/08 12:18 AM (15 years, 8 months ago)

Quote:

c1dh3d said:

I wouldn't throw everything away, just break it all down so there isn't perilite sticking to tubs and syringes inside plastic baggies. A cop can't arrest you for owning suspicious looking stuff like a plastic tub filled with holes or something - I doubt there is a cop on the force that could even tell you what the tub might be used for.





While you may be right, your meaning is wrong.


The situation you propose is not the situation contemplated by the OP.  This is the deal:  roomate witnesses illegal activity in his home and tells the cops, cops find evidence of truth in roomates report by weird terrarium for shrooms and perlite.  Cops then arrest OP and charge with manufacture.  And this is the best case scenario.  In reality, the OP will almost ALWAYS talk and fuck himself up by admitting he 'may' have been growing shrooms or thought about it, or talked about it, or did but stopped cuz he realized it was wrong and jesus didn't like it.  In this more likely scenario it is a slam dunk conviction


So even presuming the OP is smarter and has more courage than most, with the roomate's testimony and the evidence described they can get an arrest, indictment, and conviction.


So don't start making proclamation that have nothing to do with the situation and give people false confidence.  Even if they don't get a conviction, why should the OP sit in jail for days/months till he's found not guilty, or have to loose 2,000 or more in bail money depending on how bitchy the muni judge/magistrate is (generally very) and how willing the family is to pay bail prior to an attempt to get the circuit/common pleas judge to reduce it?


Not railing on you, just giving my point of view.  I've seen a lot of people that went through high school civics class that know the constitution have some exhalted idea about what it takes to arrest folks (not much at all) or convict them (whatever a jury decides reasonable doubt means- which could be anything).

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Offlinethe_0wl
The Space Bird
Male


Registered: 04/15/08
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Re: legal issues. (moved) [Re: ray40cal]
    #8854732 - 08/31/08 12:48 AM (15 years, 8 months ago)

Quote:

ray40cal said:
You might want to do more than just bury it, unless you go way out into the desert. Complete incineration, would be best. Shrooms can always be re-grown, and in very little time. Main thing is, don't grow shrooms in your house! Especially don't do that in your house if it's more than just a few small trays or cakes, because the sentence will end up being > 2 years.  If you do grow a lot of fungi, active fungi, do not, do not, do not , do not ever talk about it especially on the internet. Same goes for growing pot, which is even more likely to get you kicked in.  Every time you post something on the shroomery assume that it's being looked over by LEOs, FBI, NSA, all that because in all reality, it probably is.




I just find it funny that you have pictures of a grow and "GT prints to trade" in your signature as you typed that. .:rolleyes::rofl:


--------------------
Everything I say on this website and forum is completely false and fantasy role play.  In reality I do not engage in any illegal activities regardless of what my posts say.

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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 5 months
Re: legal issues. (moved) [Re: the_0wl]
    #8854790 - 08/31/08 01:01 AM (15 years, 8 months ago)

Quote:

the_0wl said:
I just find it funny that you have pictures of a grow and "GT prints to trade" in your signature as you typed that. .:rolleyes::rofl:



Good eyes, the gun/drug pic and grow/ammunition pic are both in the "serious as hell" category, very, very bad idea.

Just so everyone knows, please understand that having a firearm during the commission of a manufacturing/cultivating/trafficking/distribution crime will not only enhance penalties if convicted, but any option of probation, community control or conditional release supervision will be out of the question.

PSA: Guns + Drugs = Rape by the Justice System


--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!

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Offlineray40cal
omnitrippint
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Registered: 05/05/08
Posts: 1,308
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Re: legal issues. (moved) [Re: the_0wl]
    #8854937 - 08/31/08 01:49 AM (15 years, 8 months ago)

You can look at my entire gallery and it shows nothing in the amount of shrooms that would be worth selling, I didn't even take those pictures.  I work hard, pay taxes, and enjoy eating a gram or two of cubes a couple sunday's a month... doesn't mean i have a grow op going on in my house.

- Anything illegal is not in my house, except for the blunt I'm holding in my hand. These pictures, they aren't taken in my house.
Growing shrooms to sell for profit isn't worth the effort. Police know this.  I'm not about to pay some fucking immigrant so he can pick a field of mushrooms.

If my house gets kicked in, all i have to do is swallow this roach and say hello, would you like a reses peanut butter cup? 

Once something's on the internet it's available for anyone in the world to see.


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

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Offlineray40cal
omnitrippint
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Re: legal issues. (moved) [Re: Chemy]
    #8854946 - 08/31/08 01:53 AM (15 years, 8 months ago)

Quote:

Chemy said:
Quote:

the_0wl said:
I just find it funny that you have pictures of a grow and "GT prints to trade" in your signature as you typed that. .:rolleyes::rofl:



Good eyes, the gun/drug pic and grow/ammunition pic are both in the "serious as hell" category, very, very bad idea.

Just so everyone knows, please understand that having a firearm during the commission of a manufacturing/cultivating/trafficking/distribution crime will not only enhance penalties if convicted, but any option of probation, community control or conditional release supervision will be out of the question.

PSA: Guns + Drugs = Rape by the Justice System





I am humbled by this, thank you for reminding me. BTW that gun is plastic! Ty again for respectfully pointing out something that I should hold as common knowledge.


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

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