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How does the law go on possession of fresh mushrooms in Australia?

Anyone?...Anyone know?...Bueller?...

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from what others on this forum have told me, posession ov psiliocybin or amanita muscara shrooms--fresh or dried--is totally illegal.

[ 09. December 2003, 09:19: Message edited by: nabraxas ]

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I just got my hopes up a bit when I read this...

 

quote:

The legality of the hunt itself is another issue - the United Nations standards for Psychotropic Substances that most nations follow, states that the possession of fresh mushrooms is legal. This is mainly a logistical thing since so many shrooms grow so rapidly in nature, it'd be unrealistic to arrest people who happen to have a few sprouting in their backyard, or who pick them by accident. However, and heres where it gets tricky, possession of dried mushrooms or of mushroom spores is illegal, as it's infered you'd be drying and growing them for consumption

from the Hunting of the shroom Article at Forbidden Fruit

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A. Muscaria, possesion is illegal. I find that pretty hard to believe.

Kai.

Unless someone posts a link otherwise.

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kai, not everything is on the internet (but this might well be).

Muscimol is on the federal drug schedules (ie automatically criminal in all states except victoria) and I think is also on several state schedules. Amanita mushrooms are DEFINITELY illegal.

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Torsten--are the spores ov psiliocybin shrooms illegal here?

how does that effect trading spore prints?--it seems to be being done pretty openly around these parts.

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no mushroom is illegal. it is the psilocybin (or muscimol) content that makes the material illegal. theoretically, a Psilocybe cubensis totally devoid of either psilocybin or psilocin is legal. similarly, a spore which does not contain the offending compounds is also legal.

your intent with this spore *may* however be illegal and may then be covered by 'conspiring to manufacture and illegal drug'.

so you can see, that by careful wording it is possible to trade spores without fear of prosecution.

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But what about the...

quote:

...logistical thing since so many shrooms grow so rapidly in nature, it'd be unrealistic to arrest people who happen to have a few sprouting in their backyard, or who pick them by accident[?].

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Wow, who would have thought?? I can get both Salvia and Amanits perfectly legally here, although I have no real desire to do so. It just sounds strange that Something could be legal in the US and not everywhere else ( the opposite I could understand :P )

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I contacted the email address at Forbidden Fruit and asked what they thought the legality of fresh shrooms were. Here is the reply:

quote:

They can grow in your back yard but if you pic them you can be prosecuted.

 

Having one or two as part of a ornament or an art peaces would be ok.

 

See the state laws for more info.

 

Kind regards

 

Jonathan

 


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I don't see how I could be prosecuted for having mushrooms growing in my backyard which grow naturally everywhere else. I mean, I'm just a pleb. I wouldn't know a magic mushroom from a field mushroom. If my gnome were to seek out these things growing in our back yard and eat them, that's his problem. As for me, can't I just ignorantly let them grow?

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If they are growing naturally in the yard, then it's beyond peoples control

But if it's easy to see a man made patch, then i suppose you could have problems.

But i really can't see authorities coming around to hastle people over this, most police i doubt could even tell what a psilocybe (or any other fungi of interest) looks like.

just as an example, cannabis growers get caught from nosy neighbours, big plants and police helicopters (also loose lips), i can't see neighbours or police helicopters picking up a small patch of fungi, natural or man made. Personally i feel you're more likely to get hastled from spores in the mail, than getting found out by a patch. Just some thoughts though :)

[ 12. December 2003, 16:28: Message edited by: gerbil ]

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So....if the hemp seeds my friends gnome has contain no illegal substance,then why are they illegal to posess?

Don't answer...I know!

It's a weird world

[ 12. December 2003, 16:40: Message edited by: mescalito ]

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Originally posted by mescalito:

So....if the hemp seeds my friends gnome has contain no illegal substance,then why are they illegal to posess?

Don't answer...I know!

do you? maybe others don't. Cannabis sativa is a scheduled plant and all parts of this plant are illegal. Mushrooms are not scheduled organisms.

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Jonathan (forbidden fruit) is right about shrooms growing WILD in your backyard not being prosecutable. However, it should be pointed out that if there is ANY sign of the shrooms being grown intentionally (eg spawn cakes) then this changes everything.

Jonathan is however wrong about shrooms in ornaments etc being legal. In general no officer is going to arrest you if it is obvious that you had no idea the shroom was an illegal item. However, if it can be shwon in court that you were aware of the illegality or that you intentionally disguised the shroom, then you are still liable to the same penalties. Basically the law DOES NOT exclude ANY possession of shrooms for ANY reason. The leeway comes from the interpretation of the officer. if he thinks you're screwing with him then it doesn't matter if the mushroom was the crucifix of jesus statue, he is still going to crucify you.

The problem with many of the statements in this post is that there has been no distinction between what the law is and what the general application of the law is. This is an issue that is frequently neglected on these forums and elsewhere and very frequently leads to people being arrested in an act they thought was not covered by the law.

A change in policy of the state police, the local cop shop, or the government as a whole can quicly and easily erode many of the liberties we feel we have due to the system's uneven and often arbitrary application. Don't get caught in a false sense of security.

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quote:

So....if the hemp seeds my friends gnome has contain no illegal substance,then why are they illegal to posess?

 

Don't answer...I know!

 


i am not sure that you know :cool: :

here, hemp seed are illegal and it is because they contain a really little amount of drug. on the other hand they can't say poppy is forbiden since the seeds really do not contain any drugs.(correct me if i am wrong but i am pretty sure)

[ 13. December 2003, 02:33: Message edited by: VIN'S ]

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hemp seed are illegal and it is because they contain a really little amount of drug

Do they really?

I'd like to question that.

In the olden days (70s), in another country, some gnomes got given plenty of those seeds, didn't know what else to do with them, and smoked them, ate them, snorted them but got nothing but headaches...

The only thing I can imagine is that some dust is mixed in with them and that could get people slightly stoned, but I don't think the seeds themselves contain any psychoactives...

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the laws don't care about if you could get stoned or not, a ridiculous small amount is enough to justify a law.

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i don't know if the seed itself does contain anything but this is how they justify the interdiction law.

maybe they find some thc trace from the mother plant on their sample...

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Well, I can't speak for Australian law, but in the US sterilized, non-viable seeds "killed" by DEA liscensed facilities are not illegal, however the FDA may have more to say on the subject. I paid $1 (USD) for a pound of wholesome nutty goodness :)

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I'm pretty sure there is no THC or related cannabinoids contained IN the seed itself.As far as I know this chemical is produced as the seedling grows.

The reason hemp seeds are illegal is purely because any idiot can grow an illegal plant from them.

As far as fungus goes...well, I think you'd be in the minority if you could actually grow the buggers!

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Our Mother Nature grows them better than any human can. This puts Her in the minority. This means She's not in the majority. If minority and majority are opposites, the majority are opposed to Mother Nature

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Our Mother Nature grows them better than any human can. This puts Her in the minority. This means She's not in the majority. If minority and majority are opposites, the majority are opposed to Mother Nature

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I think also that Mother Nature should go to prison, or pay a $2,100 fine, because it's obvious She's cultivating these things for consumtion

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