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U.S. Laws on Shrooms?


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#1
Mr. Jane

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I have done a little research, and I haven't been able to find anything specific regarding shroom laws. What exactly are they in the US? What happens if you get caught with a small amount of shrooms?

Someone was telling me that the laws are far more strict than MJ. Is this true?

Thanks GC,

Mr. Jane

#2
Foop

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Edited by Foop, 14 December 2008 - 10:36 PM.


#3
Mr. Jane

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So if it is a schedule 1 drug, then what happens if I were to get caught?

#4
JuanRing

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So if it is a schedule 1 drug, then what happens if I were to get caught?


Probably similar to what you'd get if you were caught with an 1/8th of weed.


Probation or community service, maybe a fine. You aren't gonna do hard time for shrooms unless you have pounds upon pounds of them in your basement and make 300 grand a year selling them.

#5
Durchii

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There is no way of telling without first knowing which state you live in. Each states have their own individual mandates and sanctions for possession limits, minimum jail sentences and police enforcement. Unless you are caught trafficking Psilocybin Mushrooms across state or national borders, you will never set foot in a Federal Court for possesion alone, so the federal mandates do not apply here.

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.


Erowid Psilocybin U.S. Law Vault

You should know this, as well, as I have no idea what state you live in:

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.



#6
Mr. Jane

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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...

#7
JuanRing

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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...



I dunno man, if you just wanna try them out, i'd just buy a few from dealers, the prices aren't really that much worse than weed, at least in my area.


Growing em is kind of a pain in the ass.

#8
Mr. Jane

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I will find some eventually... I want to try them...

#9
Durchii

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Well, no matter where you live, if the police are involved in a raid on your house and discover even a small grow operation in a closet somewhere, they will almost certainly press Possession With Intent To Distribute.

Aside from us on the City and other online forums dedicated to it, I would highly recommend you be very smart about a grow operation in your house, even if it's for personal use. It's a terrible atrocity that we, as peaceful citizens, need to remain quiet about things like this, but you're better off keeping it to yourself. Be careful! If you're sharing mushrooms with your friends, unless you trust them with your own life (which is in their hands if they decide to turn you in), make no comments about the Terrarium in your closet.

You don't need that three in the morning "Search Warrant!" wake up call. I've been there, and it's not fun.

#10
Mr. Jane

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I know... It is ridiculous... Shrooms are just a fungi... MJ is just a plant...




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