This Section is required reading for anyone who is thinking about ever possessing or cultivating psilocybe mushrooms. You can get into big, big, trouble if you do not know your rights or the law regarding this substance. By knowing the information contain in the section and links below you can save yourself from certain doom.
Unfortunately, in 49 of the 50 United States it is Against State Law to Possess,
Grow, Buy, And Sell Psilocybin Mushrooms.
It is against federal law to possess psilocybin and psilocin, not psilocybin mushrooms and a few folks have been lucky saying that it simply happened to occur in the mushrooms they were picking for Xmas dinner. This is based on the legal principle that to actually be guilty of a crime there has to be intent to violate the law. Such is really a thought crime. Which makes the laws against drug or paraphernalia possession even more insane. This is explained in further detail in the Shroom Wizard link below.
In a few States having Psilocybin Mushrooms is a Felony. In most possession is just a misdemeanor Equivalent to having a joint. But in ALL STATES it is a big crime to sell or possess for distribution. Only Florida does not currently have an applicable law against possession of psilocybin mushrooms. Lucky US!!! But, If you get caught picking in Florida be prepared to get the maximum penalty for Trespassing. See the Fiske Vs State of Florida link below for more info about Florida Laws.
Overseas they are not so harsh on psilocybes Especially in Mexico, and the Caribbean where they are a part of religious ceremony.
Click Here to See what Shroom Wizard has to say about the Law
Click Here to see a summary of all 50 state laws regarding psilocybes HUGE FILE!
Click Here to see Fiske Vs State of Florida
What you should do if you are Busted:
If you get busted while picking mushrooms by the owner, apologize, say you were collecting specimens for a science project, or cataloging local fungi specimens and agree to leave.
If you get busted picking by the police while in the field. Do not admit to doing anything wrong. In fact give them your name or ID and that is it. Do not answer questions until you have talked with an attorney. Many times if you admit to intent of picking magic mushrooms or specifically psilocybes, then you have admitted your guilt and will be convicted or forced to take some kind of plea agreement or pre-trial intervention program.
If you are
busted with possession of fresh mushrooms (Florida only): Do not admit your
knowledge of them being psilocybes, play really stupid and say something like
"I picked them from my yard for my spaghetti dinner". Do not say anything
else that would lead anyone to believe that you knowingly possessed psilocybes.
If you are busted with dried powdered psilocybes: Do not admit what they are, many times police labs will have a hard time trying to identify them they may run tests on them thinking they are cocaine or some other drug and will destroy the evidence in the process. Do not answer any questions about the mushrooms to the cops until you have spoken with an attorney.
For all of these possession cases: It might be wise of you to read this page regarding searches and seizures. Often if you do everything correctly you can win a possession case as long as you never consent to a search. The 4th amendment and current case law make it almost impossible to bust someone with small consealable amounts of contraband, if you do everything correctly. (keep substance out of plain view, do not submit to a search, ask to see a search warrant, etc.)
If you are busted growing: Depending on what stage your cultivation has reached it may be possible for you to avoid prosecution.
If you have just amassed the necessary Items and someone turns you in (say your parents or neighbor) then you admit to no intent of producing psilocybes. You must remain silent (even to your relatives or friends) until you have spoken to an attorney. The state must show intent of breaking the law, which you have not done until a mushroom actually springs forth.
Even if you are busted with full grown mushrooms coming out of your cakes, never admit anything until you have talked with an attorney.
These are your rights and will help you defeat illegal searches and bogus charges.
Feel free to write to the author on the contact page if you have further questions.
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