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Mushrooms: Contraband, or not?

Libertarian

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L
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Nothing in this story said anything about the charges including trafficking in 'shrooms, yet they were listed with other contraband that was "seized." What is the legal status of psylocibin (I'm sure I misspelled that) mushrooms? I'd always thought they were legal, and the way the government fought them was by charging college students with "trespassing" when they went into pastures looking for them. Now I'm wondering, if they're not illegal, why not?!

http://www.longmontfyi.com/Local-Story.asp?id=5660
 
Libertarian said:
Nothing in this story said anything about the charges including trafficking in 'shrooms, yet they were listed with other contraband that was "seized." What is the legal status of psylocibin (I'm sure I misspelled that) mushrooms? I'd always thought they were legal, and the way the government fought them was by charging college students with "trespassing" when they went into pastures looking for them. Now I'm wondering, if they're not illegal, why not?!

http://www.longmontfyi.com/Local-Story.asp?id=5660
Click to expand...

Gotta control those evil plants that are just out there growing in nature and everything!

(Yes, I know mushrooms aren't plants. Shut up.) ;)
 
Jeffrey Christen-Mitchell, 55, was arrested on suspicion of possession of drugs with the intent to distribute, conspiracy to distribute marijuana and distribution of marijuana. Nine others were also arrested in the sting, and two others have warrants issued for their arrests, according to the news release.
Click to expand...

Sounds like they meant the mushrooms too, they specified mary jane as it probably carries a different weight charge or some such war on drugs nonsense.

-Globe
 
I dunno about Colorado state law, or any other state for that matter, but in the Netherlands the drug legislation says that no mind-altering substance can be outlawed in its naturally occurring form. Any such substance which has undergone any form of processing, however, is a different story. Thus, 'shrooms are legal as such, but dried 'shrooms are not.

Again, I'm not up on Colorado state drug law, and I don't know whether the 'shrooms in question were dried or not. I'm just offering this as a possible explanation.
 
Well, I found the following, which explains my (mis)understanding of the law, i.e. I live in Florida! Woo Hoo!



Psilocybin mushrooms are illegal in every state in the United States except Florida (see below).
Specific state laws can be accessed through this state-by-state list. An Overview of case law for several states can be accessed here.

Psilocybin Mushroom spores are legal to possess in every state except California, Georgia, and Idaho. (see details).

Florida #
Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.
New Mexico #
New Mexico appels court ruled on June 16, 2005, that growing psilocybin mushrooms for personal consumption could not be considered "manufacturing a controlled substance" under state law. Growing hallucinogenic mushrooms not illegal, state appeals court rules - June 16 2005
 
Does that mean anyone with a cow pasture could be charged with cultivation at one time or another?
 
there are wild shrooms in washington.

not that i would know from personal experience (seriously).

oh, and i wouldn't get caught with dried shrooms in florida if i could help it - seems that only the fresh variety are "exempt."

there's probably a wealth more of information at www.erowid.org .

Libertarian said:
Now I'm wondering, if they're not illegal, why not?!
Click to expand...

i'll guess you're asking "why aren't they illegal given the current ridiculous 'war on drugs' in the US." a loophole, i would gather.
 
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Libertarian said:
Nothing in this story said anything about the charges including trafficking in 'shrooms, yet they were listed with other contraband that was "seized." What is the legal status of psylocibin (I'm sure I misspelled that) mushrooms? I'd always thought they were legal, and the way the government fought them was by charging college students with "trespassing" when they went into pastures looking for them. Now I'm wondering, if they're not illegal, why not?!

http://www.longmontfyi.com/Local-Story.asp?id=5660
Click to expand...

I have been struck by the fact that lists of seized material in arrested articles often include material that are not illegal and have no bearing on the charges.
 
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