Someone was telling me that the laws are far more strict than MJ. Is this true?
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Posted 14 December 2008 - 10:31 PM
Posted 14 December 2008 - 10:33 PM
Edited by Foop, 14 December 2008 - 10:36 PM.
Posted 14 December 2008 - 10:43 PM
Posted 14 December 2008 - 10:53 PM
So if it is a schedule 1 drug, then what happens if I were to get caught?
Posted 14 December 2008 - 10:54 PM
As a Schedule I substance, psilocybin carries the highest penalties for possession and sale. Users can lose driver's licenses and federal college loans. They may also face stiff fines and even jail time for a first offense. Repeat offenders commonly wind up in prison.
The main thing to know about Psilocybin mushroom law in the US is that every state has psilocybin & psilocin, the primary psychoactive ingredients in the mushrooms, listed in their controlled substances acts. The only issue which has confused the issue of the clear illegality of psilocybin mushrooms is the fact that for some reason the states do not specifically list the mushrooms themselves. The Florida Supreme Court ruled in 1978 that the plain language meaning of "container" or "material containing" a controlled substance could not include a live mushroom. Unfortunately other state courts have subsequently ruled that it is reasonable to consider living plants 'containers' of schedule I substances, even if the result of this interpretation is completely absurd.
In the United States, possession of psilocybin-containing mushrooms is illegal because they contain the Schedule I drugs psilocin and psilocybin. Spores, however, which do not contain psychoactive chemicals, are only explicitly illegal in California, Idaho, Hawaii, Michigan, and Georgia; however, in California, mushroom spores are legal to possess if they are not intended for use in cultivation and if they are not imported from outside California. The Florida Supreme Court in 1978 ruled that possession of wild psilocybin mushrooms is not illegal; however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal or not was not addressed in the decision.
In all states, except New Mexico, growing psilocybin-containing mushrooms from spores is considered manufacture of a controlled substance. 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.
Posted 14 December 2008 - 10:56 PM
Posted 14 December 2008 - 11:00 PM
I was thinking of growing some for personal use, because I don't like paying ridiculous prices for them, I don't like dealing with dealers, and I honestly don't know anyone who has them...
Posted 14 December 2008 - 11:06 PM
Posted 14 December 2008 - 11:13 PM
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