Legal ramifications for shrooming in FL

Discussion in 'General' started by Scapris, Sep 5, 2007.

  1. Ok.. I made a mistake and went shrooming in the daylight -- sorry.

    Anyways, it is legal to have freshly picked mushrooms in the state of FL.

    When I was caught by the police officer he said the 1 mushroom that was in my pocket was a felony charge.

    To cut to the chase I was given a notice to appear in court on Sept. 20th for trespassing. The officer told my parents that if I went in to court and tried to tell the judge that I wasn't shrooming, he would then add the "evidence" in to the trial and get me convicted for the mushroom that I had in my possession.

    My question is -- can he even legally present that as evidence in the trial when my charge was trespassing? I still plan on telling the judge my intentions on that morning were to go in the pasture and pick mushrooms, can they charge me with anything other than trespassing?

    I really appreciate the help guys/gals! It's this unique community you can find no where else on the net that keeps me signing in every night.

  2. Something quite funny that I forgot to add... It was fucking deafly humid that day and the officer took the tiny mushroom and put it on top of his laptop in the car -- 30 mins later after he took my handcuffs off I looked at it and it was completely melted in to a pile of goo ROFL. Ya cop -- try to send that to the lab, dick.
  3. Beyond me. I have friends of family in scootsmoor with fields I always want to go to. That close to you?
  4. That's a 45 min drive from me
  5. Would have been funny if it was that guys field ^^
  6. Ya speaking of that.. The cop even had the farm owner travel from his place of work to where the incident took place to sign a trespassing waiver. I assume this is so that I couldn't go to the farm and have him give me permission.
  7. Bump before I go to sleep! Hopefully one of you will bestow upon me your vast knowledge of the legal system.

  8. You are correct in your assumption that a mushroom presented as evidence in Trespassing case would be thrown out. He would have had to detain you on a possession charge... which in this case is most-technically impossible. In Florida, there is no legal difference between freshly picked "magic" mushrooms and edible mushrooms. It is only after the shroom has been dried that it is considered illegal to posses. (This is only in Florida, all other States will consider consider it "magic" even if it isn't dry.)

    So, the Cop knew he had nothing on you other than trespassing. He could not even present that mushroom as evidence in Florida Court, plus like you said it melted so there is no evidence anymore. He was just trying to scare your parents... probably just to make sure you wouldn't contest the trespassing charge... which unless he saw on the property, you could fight.

    I don't know if I would say you were going shrooming, as that is just mad bold... but I do not think there could possibly be any legal ramifications for that; picking mushrooms is not a crime, only possession of dried mushrooms is in Florida. But the judge might think you're an arrogant prick that does not respect the law and might give you some community service as punishment rather than just a fine. You're best bet is to appear as genuinely sorry for your actions as possible... cry if you can. :p

    It's like the old saying goes... you can beat the rap, but you can't beat the ride.
  9. Awesome, that's good to hear. I thank you for this well thought-out response and grant you 1 rep! ;)

    Off to work, take care!

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