Mushroom legalities

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Posted by pinksharkmark ( on September 21, 2001 at 12:51:02:

In Reply to: supplies help????? posted by hedferst on September 21, 2001 at 10:21:43:

Here's the deal.

Spores contain no psilocybin at all, therefore they are perfectly legal to possess, except, for some reason that no one is able to defend, in California and (recently) Georgia. This is ironic, since the lawn of the California State Legislature sports literally thousands of Psilocybe semilanceata (Liberty Cap) mushrooms every fall, and Georgia probably has more Psilocybe cubensis mushrooms within its borders than any state other than Florida.

The reason that suppler has decided to stop shipping his "clusterhead kits" to the US is that his kits consisted of sterilized, prepared mushroom soil that was ALREADY inoculated with spores. If there was any kind of a delay in shipping, those spores would germinate while still in the hands of the US Postal Service and the mycelial network would start developing. Spores are legal because they contain no psilocybin. But the mushroom mycelium (think of it as the root system) DOES contain psilocybin, hence it is technically illegal. Due to the US laws regulating what can and cannot be shipped through the US mail, in such an instance he could have been charged. He will gladly ship SPORES to you, however. You do your own inoculation, if that's what you want to do with them.

Your sheriff is PARTIALLY correct. In 1978, the Florida State Supreme Court ruled (Fiske vs State of Florida) that Florida's statutes prohibiting simple possession of psilocybin-bearing mushrooms that grew naturally in Florida could not be applied constitutionally. This means that even if you are stopped by the police walking out of a cow pasture with a bag full of mushrooms, you are safe from prosecution, although they WILL prosecute you for trespassing if you don't have the landowner's permission to be there.

However, this applies only to mushrooms you have FOUND. It may be a different story to actually knowingly PRODUCE mushrooms. If you have a mushroom cultivation setup in your house, and are deliberately growing mushrooms that contain psilocybin, it is a possibility that you might be as legally vulnerable in Florida as you would be in the other 49 states. It is true that the authorities are much more lenient towards these things in Florida than they are elsewhere, but the bottom line is that if they ever DID choose to prosecute, you may be in no better legal position than someone who lives in California.

An interesting side note is that various species of psilocybes grow all over the US. If you own some land and the authorities find psilocybes on it, you are safe from prosecution, since even the authorities recognize the absurdity of arresting a farmer whose fields are full of mushrooms growing out of every cow patty, or arresting some homeowner whose backyard compost heap has sprouted some mushrooms. Any judge would throw them out of court in an instant. However, if that same farmer were to take one of those cow patties INDOORS, put it in a box, and let mushrooms grow out of it, the cops could charge him.

Absurd, I know, but don't ask ME to defend these laws. I just explain them.

As for posting results on this board, there are a few things to understand. First of all, it should be noted that it is not the act of INGESTING psilocybin that is illegal. It is the act of POSSESSING psilocybin that is illegal. A post on a public board is not sufficient for the cops to issue a warrant for your arrest because:

1) You could be lying about having taken an illegal substance. Maybe you just wanted to impress your friends with how cool you are.

2) It might not even be YOU who posted at all. It could be someone else who hacked your IP address.

3) Even if you DID take this substance, there is no probable cause to believe that you currently are in possession of more, and that's the ONLY way that they MIGHT convince a judge to issue a warrant. Once you've popped it in your mouth, there's nothing they can do.

If you decide to grow your own mushrooms rather than gather them from the wild, it is probably not a good idea to post progress reports and pictures of your fungus farms on this board, or ANY board. While I have a VERY hard time believing that the narcs pay any attention at all to headache websites when it comes to their "War on Drugs", it is better to be safe than sorry. If you want to boast about your cultivation skills, do it by e-mail, not in a public forum.

But posting the RESULTS of ingesting mushroom tea is a completely different story. If you post, "Wow! I drank some shroom tea last month, and I have been painfree ever since. Thanks for the tip, folks, it has given me my life back!" what are the cops going to do? Keep you under 24 hour surveillance for the next year on the slim chance that they might see you obtaining the dose for your next cycle? Oh, yeah, THAT'S a likely scenario!

In my opinion, there is ZERO risk in posting success stories here, and a potentially HUGE payoff. The more posts we have that this stuff works, the easier it becomes to interest someone in undertaking a clinical study. Once such a study is completed, some drug company will jump on it, start marketing it as a prescription drug, and you'll be able to get it at your local pharmacy. The sooner that day comes, the better the world will be for us clusterheads.

'Nuff said.


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