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defyalllogic
11-04-2010, 01:12 AM
from wikipedia:

In the United States, possession of psilocybin-containing mushrooms is illegal because they contain the Schedule I drugs (http://en.wikipedia.org/wiki/Schedule_I_%28US%29) psilocin and psilocybin. Spores, however, which do not contain psychoactive chemicals, are only explicitly illegal in Georgia (http://en.wikipedia.org/wiki/Georgia_%28U.S._state%29), Idaho (http://en.wikipedia.org/wiki/Idaho) and California. Additionally spores are illegal to import, buy, sell, trade, or give away in California (http://en.wikipedia.org/wiki/California) if intended to be cultivated.[27] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-26) In the rest of the country, it's not illegal to just sell the spores, but selling them with the purpose of producing hallucinogenic mushrooms is illegal.[28] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-27)[29] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-28)
The Florida Supreme Court (http://en.wikipedia.org/wiki/Florida_Supreme_Court) in 1978 ruled that possession of wild psilocybin mushrooms is not illegal;[30] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-shroomlaw-29) however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal was not addressed in the decision.[31] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-30)
In all states, except New Mexico (http://en.wikipedia.org/wiki/New_Mexico), growing psilocybin-containing mushrooms from spores is considered manufacture of a controlled substance.[30] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-shroomlaw-29) In New Mexico, on June 15, 2005, the New Mexico appeals court ruled that growing psilocybin mushrooms for personal use is not manufacture of a controlled substance.[32] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-newmexican-31)[33] (http://en.wikipedia.org/wiki/Legal_status_of_psilocybin_mushrooms#cite_note-32)


i'm not totally clear.

if someone picks mushrooms in their yard and finds that they have a drug-like or even hallucinogenic effect but are not psilocybin, are they considered drugs or not?

can you unknowingly poses or distribute mushrooms? if i had psilocybin shrooms grown in my yard i'd have no idea. if someone had a small market or shop hat sold herbs and such, for instance. or a farmers market.

I guess in all I'm asking if they're treated differently than other drugs because they're less "intentionally illicit"?

whacko
11-04-2010, 02:12 AM
You can't unknowingly possess fungi growing in your backyard.

But if you know they're magic, and you start selling them? I think you may run up against the law then.

It's best to be safe though. Mushrooms can make you rather ill. And have potential customers wanting a refund.

Regards

Paul
11-04-2010, 02:19 AM
as above. anything which leads to selling = illegal

Rowan
11-04-2010, 02:46 AM
from wikipedia:


i'm not totally clear.

if someone picks mushrooms in their yard and finds that they have a drug-like or even hallucinogenic effect but are not psilocybin, are they considered drugs or not? Many wild mushrooms are toxic...so that "effect" you're feeling is potentially your pending death. ;) Just Google mushroom ID if you're curious. I'm no mushroom expert (not my area), but I'm thinking all hallucinogenic varieties contain Psilocybin/Psilocyn.

can you unknowingly poses or distribute mushrooms? How would you unknowingly distribute something? If you're growing mushrooms (regular ones) as a crop, then you'd better know what you're selling as, like I said above, mushrooms can be toxic. That in itself could cause you some serious problems, drug Schedules aside. http://mdc.mo.gov/discover-nature/outdoor-recreation/how/mushrooms/poisonous-mushrooms

if i had psilocybin shrooms grown in my yard i'd have no idea. if someone had a small market or shop hat sold herbs and such, for instance. or a farmers market. Again, know your product. This is just asking for trouble.

I guess in all I'm asking if they're treated differently than other drugs because they're less "intentionally illicit"?

No... Psilocybin/Psilocyn are both Schedule I:

http://www.justice.gov/dea/concern/psilocybin.html

http://www.justice.gov/dea/pubs/scheduling.html

Schedule I


Psilocybin 7437 N Constituent of "Magic mushrooms"
Psilocyn 7438 N Psilocin, constituent of "Magic mushrooms"

defyalllogic
11-04-2010, 05:14 AM
Thanks!

I'm writing a story with an old lady who was supposed to bring some things to her relatives when she went on a trip and get questioned at the airport so...

Duchessmary
11-04-2010, 06:54 AM
Trust me, don't eat ANY dried mushrooms that a "friend" offers. OMG.

WriteKnight
11-04-2010, 08:34 AM
You can most certainly 'unknowingly' possess Psilocybin mushrooms in your back yard. If your back yard is a cow pasture - which is quite common in rural areas. Psilocybin mushrooms often grow on cow patties - and sometimes horse manure as well.

Rowan
11-04-2010, 01:42 PM
You can most certainly 'unknowingly' possess Psilocybin mushrooms in your back yard. If your back yard is a cow pasture - which is quite common in rural areas. Psilocybin mushrooms often grow on cow patties - and sometimes horse manure as well.

I was referring to "possession" in the legal (narcotic) definition, as in "possession with intent to distribute". The OP made it sound ilke they character was going to harvest said specimens with intent to sell at a farmer's market, etc. Something growing randomly in your field is another story.

Cheers!

WriteKnight
11-04-2010, 09:47 PM
There are cases where people have been charged with 'possession' of pot, planted in fields they owned, but had no knowledge of. Sometimes these were plots hidden inside of fields by third party tresspassers, sometimes they were 'wild' plants, probably grown from tossed or discarded stashes. Either way - it can be a real problem. "Possession" and "Possession with intent to distribute" are legal terms of art. And the authorities and judges can be very strict in their interpretations.

Rowan
11-05-2010, 12:15 AM
There are cases where people have been charged with 'possession' of pot, planted in fields they owned, but had no knowledge of. Sometimes these were plots hidden inside of fields by third party tresspassers, sometimes they were 'wild' plants, probably grown from tossed or discarded stashes. Either way - it can be a real problem. "Possession" and "Possession with intent to distribute" are legal terms of art. And the authorities and judges can be very strict in their interpretations.

Well, it's reasonable to say a property owner should be cognizant of what's occuring on their own property. As the legal owner of said property.......

And people are also capable of lying--can't tell you how many times someone told me "that's not my dope" or "I have no idea how that got there. Honest." ;) And yes, I'm very familiar with "Possession" and "Possession with Intent to Distribute (PWID)" in the legal context, and how the "authorities" interpret said terms.

ETA: Just to clarify: if said plants were found in a remote part of the property and surrounded by your average weeds, grass and whatnot, a LEO might be inclined to believe a landowner had no knowledge of them. However, if said plants are in a remote part of the property and are obviously being cared for--well, that's another story! :)

Cyia
11-05-2010, 05:09 AM
Thanks!

I'm writing a story with an old lady who was supposed to bring some things to her relatives when she went on a trip and get questioned at the airport so...

LoL, must be related to my grandmother. It wasn't 'shrooms with her, but she did decide to try, um... a home herb garden for a while as a favor. Then my uncle discovered her little non-profit and ripped them up by the roots.

:D

KTC
11-05-2010, 05:19 AM
Trust me, don't eat ANY dried mushrooms that a "friend" offers. OMG.

My God, why not. I practically subsisted off mushrooms in 1984. It was a wonderful year. I lost shitloads of weight, but it was fun dancing through the weeks. I did, however, accidentally kick a good friend in the head on a TTC streetcar that year.

Prototype729
11-09-2010, 07:56 AM
It depends which you're talking about - amanitas are legal, psylocibes are not.

People can go on walk looking for amanitas; you'll them growing in the shade of evergreens. These are legal to sell, but honestly the market for for them is really small and you won't find street level dealers pushing them... amanitas are popular mostly among the more hippy-ish crowds of entheogens eaters. The place to buy them are online or in headshops. (A word of warning - unless you really, really know what you're doing, never attempt to pick them by yourself; eating the wrong kind can kill you).

You won't find psylocibes growing outdoors. Sellers will grow these indoors, in fruiting chambers. They're pretty easy to set up, all you need are common ingredients and shroom spores of the strain you desire. Information for DIY teks are all over the net. Again, people have to be very careful when doing this and stay alert for any signs of contaminants during growth - if anything looks off, you've got to throw them away and start over again - eating shrooms that weren't grown properly can, once again, kill you.

Here are references regarding the legal status of these drugs (lots of good information there):


Amanita muscaria (as well as all other Amanita species) is uncontrolled federally in the United States. This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.http://www.erowid.org/plants/amanitas/amanitas.shtml
http://www.erowid.org/plants/amanitas/amanitas_law.shtml



Psilocybin mushrooms are not specifically named in the U.S. federal scheduling system, however their two primary active chemicals Psilocybin and Psilocin are both Schedule I in the United States. This means they are illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Fresh and dried psilocybin mushrooms are considered containers of Psilocybin and Psilocin, making them illegal to possess as well.http://www.erowid.org/plants/mushrooms/mushrooms.shtml
http://www.erowid.org/plants/mushrooms/mushrooms_law.shtml


Edit:


I'm writing a story with an old lady who was supposed to bring some things to her relatives when she went on a trip and get questioned at the airport so...

These would be amanitas then, if you write about those check their effects profile, they're subjectively very different from psylocibe mushshrooms. On the plus side, some amanitas are used for cooking, so her mistake would be plausible.