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Offlinemelfdis
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: ethnoguy]
    #9623785 - 01/16/09 10:30 PM (14 years, 4 months ago)

I disagree with the idea that something containing trace amounts of a controlled substance, makes it illegal, that would be absurd.  That would mostly outlaw having cash money, since its reported that about 80% of U.S. paper currency has traces of cocaine on it.  Hay and lettuce have trace amounts of morphine in it (Hazum et al. 1981). As well as making human beings (as well as many or most mammals) illegal for containing dmt and morphine (both are endogenous chemicals-http://www.pubmedcentral.nih.gov/articlerender.fcgi?tool=pubmed&pubmedid=15383669).  The list would just go on and on.


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OfflineTreeMoss
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: ethnoguy]
    #9623842 - 01/16/09 10:44 PM (14 years, 4 months ago)

Ya he argued selective prosecution and won, since they can't just pick and chose who they want to prosecute and not prosecute anyone else.

I'm really not sure how they would go about arresting people, I can see them having some kind of operation and surely a few vendors wouldn't win.  Unless they pull together and say we are shaman and that race has nothing to do with ritual discipline.

It would suck to find it hard to buy cuttings and keep cacti in a window, but I still like to keep plastic or a white sheet over the window...they still get good sunlight just that nobody can see inside.

Cops aren't the smartest bunch of people and the local prosecutors are usually pretty damn busy with all sorts of things, very very busy and this isn't really a street drug..........surprising, I would think that if DMT is growing in popularity in clubs then mescaline would be even more so.

But a lot of things could be based on cases we never heard about and attitudes that have existed against people......we just don't hear everything, things don't always make the news.

It's a lot like mimosa, people can play stupid for awhile but it is clearly known and it's clearly a material with a controlled substance....I don't recall many judges listening to how abundant drugs are on plant earth......they don't want it in our culture, they haven't modernized shaman with respect to separate dangers associated with shaman and their work (strong fucking drugs).

People seem to feel that I am waging a personal battle here, I am on the same side as you are......just not in you country and maybe I am, maybe I am not in your state but maybe I am. I just feel that my understanding is well founded and well read, very well read.  Any prosecutor in the US could with what I know, it's not a hard thing just uncommon.  A country like the UK would be harder, they seem to be soft on many drug subjects........and Aussies too, the way their drug PDF reads is very Aussie like, it pretty much sounds like they find people to be very good at heart but still "strict" in an easy going sense.......doesn't seem like they "convict" people as much as lock them down.

:shrug:




--------------------
Drug chemicals are going to be more abundant and survive longer than any anti-drug agendas.  Some of us are just ahead of the game, we already know what the future will understand.  Drugs weren't bad but how some people used them were and some people just were bad because they had to be.


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OfflineDr. uarewotueat Happy Birthday!
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: TreeMoss]
    #9625127 - 01/17/09 06:25 AM (14 years, 4 months ago)

interesting post from another forum:

Quote:

I know my body contains tryptamines that are illegal according to US law.
according to the law my body is a controlled substance carrier then, and I am not legally entitled to possess it.

Several studies of the plants failed to find signifigant quantities of mescaline, even in some psychoactive forms.
Without ingesting a given specimen, or testing it via an expensive method, there is no legitimate reason to presume that a given specimen contains a controlled substance.
Without having recourse to ingestion, because that is illegal, and not being able to GCMS specimens, a grower of cacti has no sound basis to presume that their plant are psychoactive or contain a schedualed substance.

This cannot apply if it can be shown that the grower has processed the plants, due to their psychoactivity, however the plants are used for many things. Trichocereus cuzcoensis is used as shampoo. Several San Pedro types are boiled in water to wash wool clothes. The plants are used for so many therapeutic and non-psychoactive purposes that one could own them and process them legally with no intention of breaking the law. Moroever the plants do not need to be psychedelic, nor are they shown to contain an illegal substance for using them for such legal purposes as treating hair loss and rashes, thing like that.

One form of San Pedro was found effective and tested as having little to no detectable mescaline, this is a form of the Juuls giant cultivar. Thus a psychoactive effect does not confirm the presence of an illegal substance. Without advanced testing there is no way a cultivator can have confirmed, beyond a reasonable doubt, that a plant contains mescaline, or another controlled substance, even when such a plant has been demonstrated to be psychedelic or has been subject to extraction as a means to isolate bioactive principals. As far as legitimate tests, since no two published alkaloid detection analysis have been consistant there is a reason to expect that the chemical content of the plants is unpredictable to some degree and may or may not contain mescaline.

It is illegal to ingest anything that intoxicates for the purpose of intoxication, even alcohol intoxication is criminalized to a large degree. Any disorderly conduct or behavior is technically illegal and law enforcement attracting intoxication typically involves unusual behavior and conduct that is often disruptive. If we consider that it was illegal for people with dark skin color to drink from the same waterfountains as people with lighter skin color in the US, it puts the intent and purpose of the law into perspective. When people, even a political majority have united in consensus; police and the law system sided against the people often with the well documented result of police violently attacking civilians. The judicial system and the police of the US have always failed to protect the citizens from the existence of unfortunatly frequent tyranical and unjust law. The basis of ones adherance to legal statutes should be founded upon the principals the statues are based upon, even a jury has the legal right to declare an individual innocent in cases where they feel the application of the law is a greater detriment than the alleged crime committed, even in such cases as where the defendant has been shown to be guilty according to the terms of the law the jury has the right to dissent with the opinion of the judge and override the law. James Madison wrote that the obligation of the civilian in the legality of the social compact is nullified by a betrayal of the principals of the compact by a governing element, thus tyrannical legislation does not obligate the public who through the jury system is to be the judges of the law as well as the accused upon a case by case basis. There is no validity to the argument that exceptions cannot be made in cases where the accused is harmed more by a conviction than the public was harmed by the violation of the law.

Should the legal statutes of the use of trichocereus cacti as medicinal and potentially psychoactive agents prevent people from obtaining the benefits of their use? Civilians has the right of self determination even if it goes unused, the law doesn't make decisions for you. When tyrannical and unjust laws exist people become the victims. A war is waged by the government, judicial system, and the police against their sons and daughters, wives and husbands, neighbors etc, this war on drugs criminalizes explorative behavioral activity demonstrated by a majority of the population, many people have tried cannabis for example, at immense public cost. It wastes the time of public servants who in just following orders persecute, criminalize and institutionalize innocent people. The effect is pro crime.

Our willingness to adhere to legal statute in victimless crime is complicity in a system which promotes crime through the enforcement of said statute while diverting valuable financial resources into the persecution and incarceration of people who as opposed to constituing a social detriment are a signifigant portion of the labor and trade force who thus deprived of freedom come to rely upon the perpetuation of a criminal lifestyle as a means of substaining an income due to exclusion from both the educational and the employment systems. Complicity is such a system that prohibits the use of san pedro and peyote, upon a racial and religious basis in many cases, is arguably and demonstratably more detrimental than is the willingness to abstain from the law behaviorally and thus be capable of recieving the benefits afforded by the use of such medicinal and psychoactive agents. There is no viable argument that such use constitutes a danger to health with the sole exception of the use of heavy machinery or dangerous environments, such threats are known to exist for countless legal psychoactive and medicinal agents and are not in those cases considered reason enough to deprive the public from their benefit via legislation. Studies of the use and the users of psychoactive cacti and ayahuasca show greater mental and psychological ehalth of the users as well as good physical health. Trout wrote that the investigators of such studies invariably reccomended the use of the studied material due to their indisputable positive effects.

Make up your mind for yourself, it is your civic duty.




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OfflineTreeMoss
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Dr. uarewotueat]
    #9625560 - 01/17/09 10:15 AM (14 years, 4 months ago)

That is a nice quote and would read nicely in court.  Sadly the Gov ignores the indigenous tryptamines and has removed a lot of support for more studies.  Some is in the gray zone, obviously the law does not state quantities for what is content and what is none.  It isn't a case that a prosecutor wants to be famous for wining, but they would be well known and respected for pulling it off.  The major trichs wouldn't be as hard as they are mostly from cuttings and of known alkaloid contents, depending on how it was grown.  Even a well watered cacti is going to have alkaloid content, maybe even significant levels.

People assume that it would be to much fear for "innocent" people to charge for cocaine possession on money or DMT in your body.  But few gardens have mescaline cacti and other narcotic plants (legal or otherwise), so that would be a real indicator; as shaman supply stores and ethno huts seem to sell all that they can.

I hope that the courts never do win a case, but really; it depends on who they charge and what kind of speaker they are and what kind of speaker their lawyer is (call that a far trail system in America when we know it's not a level playing field).


--------------------
Drug chemicals are going to be more abundant and survive longer than any anti-drug agendas.  Some of us are just ahead of the game, we already know what the future will understand.  Drugs weren't bad but how some people used them were and some people just were bad because they had to be.


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Offlinemelfdis
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: TreeMoss]
    #9629108 - 01/17/09 11:10 PM (14 years, 4 months ago)

Quote:

TreeMoss said:
People assume that it would be to much fear for "innocent" people to charge for cocaine possession on money or DMT in your body.  But few gardens have mescaline cacti and other narcotic plants (legal or otherwise), so that would be a real indicator; as shaman supply stores and ethno huts seem to sell all that they can.





T. pachanoi is a common landscaping plant in some/many desert/near desert climates.  I doubt I would have to travel more then 1000ft (300m) in any direction to find one growing in someones front yard.  One of local botanical gardens has a t. pachanoi "forest".     


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OfflineTreeMoss
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: melfdis]
    #9629284 - 01/17/09 11:48 PM (14 years, 4 months ago)

That is a lot of mescaline.......seriously, if the DEA did want to make some news and look important.......that would be a hell of a life sentence.

Maybe the DEA likes to grow them to trip balls too.


--------------------
Drug chemicals are going to be more abundant and survive longer than any anti-drug agendas.  Some of us are just ahead of the game, we already know what the future will understand.  Drugs weren't bad but how some people used them were and some people just were bad because they had to be.


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Invisiblelqdtrance
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: TreeMoss]
    #9630937 - 01/18/09 09:41 AM (14 years, 4 months ago)

Maybe the thought never crossed your mind that people just like to grow them.


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OfflineTreeMoss
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: lqdtrance]
    #9630949 - 01/18/09 09:47 AM (14 years, 4 months ago)

No it sure did, it is just hard to prove that you are using them for other things.........unless they noticed a bunch of cuttings taken and nothing laying around........and nothing shipped.

Who knows, I don't know why they don't do anything......they could, hell what plant isn't worth growing......I mean if you happen to use it that really isn't that far out.......they just like to jump to that worst case scenario where someone flips out.


--------------------
Drug chemicals are going to be more abundant and survive longer than any anti-drug agendas.  Some of us are just ahead of the game, we already know what the future will understand.  Drugs weren't bad but how some people used them were and some people just were bad because they had to be.


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OfflineDr. uarewotueat Happy Birthday!
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: melfdis]
    #9631458 - 01/18/09 11:36 AM (14 years, 4 months ago)

Quote:

melfdis said:     





nice :awesome:


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InvisibleTomandjerry58
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: lqdtrance]
    #9632149 - 01/18/09 02:01 PM (14 years, 4 months ago)

Quote:

lqdtrance said:
Maybe the thought never crossed your mind that people just like to grow them.





FOR REAL:thumbup:.... i grew some morning glory's last year just to grow them...


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OfflineDr. uarewotueat Happy Birthday!
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Tomandjerry58]
    #9632204 - 01/18/09 02:12 PM (14 years, 4 months ago)

same here, the only plant that i have actually grown and used is MJ...
i have loads of plant species that could get me high as fuck but i can't bring myself to eat them just to get high lol

the law would never believe that you liked growing something that contained an illegal substance just for the satisfaction and mystique of doing it though...


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OfflineCactusdan
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Tomandjerry58]
    #9632271 - 01/18/09 02:26 PM (14 years, 4 months ago)

I like growing them, not to consume them, but just because there is this vibe they give off that is full of mystery and power that your average gardenias, pansies, marigolds, etc... just don't have, although they do have the beautiful flower vibe :tongue:

The only way I could bring myself to eat a plant was if it was dying and was impossible to bring back, and even that would be hard to bring myself to do. Thats like putting down a dog you raised from a puppy.


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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Cactusdan]
    #9633568 - 01/18/09 06:20 PM (14 years, 4 months ago)

Yep. It was my first intention to get some plants and "use" them but since I have had them and taken care of them I cant bring myself to hack them up.
Only MJ and mushies are the ones that get hacked.... Poor lil guys. :hehehe:


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Offlineethnoguy
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: lqdtrance]
    #9634406 - 01/18/09 08:25 PM (14 years, 4 months ago)

Hey, I have heard of MHRB and Cacti skins/powder getting caught and seized by customs. I read something about it on a ethnobotanical vendor site.

EG


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OfflineDr. uarewotueat Happy Birthday!
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: ethnoguy]
    #9636903 - 01/19/09 08:45 AM (14 years, 4 months ago)

i didn't think there was any question about the legality of dried cactus material in the US... i thought that it is strictly illegal...

could be wrong though :awesome:


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OfflineTreeMoss
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Dr. uarewotueat]
    #9637194 - 01/19/09 10:08 AM (14 years, 4 months ago)

Quote:

Dr. uarewotueat said:
i didn't think there was any question about the legality of dried cactus material in the US... i thought that it is strictly illegal...

could be wrong though :awesome:




Well just more sketchy and damn near stupid to make an excuse for.  There is written law then the "sketchy" variable, most lay people go by their sketchy instincts; but the law doesn't like that unless it's in their favor and with rooted Trich's it's just really not.


--------------------
Drug chemicals are going to be more abundant and survive longer than any anti-drug agendas.  Some of us are just ahead of the game, we already know what the future will understand.  Drugs weren't bad but how some people used them were and some people just were bad because they had to be.


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Offlineethnoguy
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Dr. uarewotueat]
    #9641549 - 01/19/09 09:06 PM (14 years, 4 months ago)

Quote:

Dr. uarewotueat said:
i didn't think there was any question about the legality of dried cactus material in the US... i thought that it is strictly illegal...

could be wrong though :awesome:




It is technically, but so far they have let it slide. I have seen an ethnobotanical vendor site that sells skins. You get raped on their prices though. I have never used them for squat. I also have a wholeseller that I got a price list from, and I can get several species of tricho skins from them. Far too risky though IMO. I wouldn't use a wholeseller for that. I've got another source :wink:

EG


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InvisibleQuetzalcohuatl
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: ethnoguy]
    #10133973 - 04/09/09 12:50 AM (14 years, 1 month ago)

I could care less I would be stoked to get busted for growing cactus you know when I am in jail my roomie will be like I killed 30 people and smuggled guns into mexico what did you do and I'll be like I grew some cactus dude and then he'll lol


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OfflineTheManWithTheHat
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: Cactusdan]
    #10134778 - 04/09/09 07:53 AM (14 years, 1 month ago)

Quote:

bloodnashes666 said:
The only way I could bring myself to eat a plant was if it was dying and was impossible to bring back, and even that would be hard to bring myself to do. Thats like putting down a dog you raised from a puppy.



And then eating it.
lolz


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OfflineProf. Astro
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Re: Legality Of Trichocereus And Other Mescaline Containing Cacti. [Re: kadakuda]
    #10134945 - 04/09/09 08:50 AM (14 years, 1 month ago)

In response to kada, here is a list of all cacti reported to contain even .01% mescaline or less.
http://leda.lycaeum.org/?ID=12


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