Legality
Disclaimer: Information listed here maybe wrong,
inaccurate or out of date. Regulations do change all the time.
Here's a list of the places we know about. Much of this is
'off the net' and may thus be more or less flawed. "Y" means
it is legal, "N" means it is illegal, "?" means their status
is unclear.
|
A: Possession of fresh mushrooms
B: Possession of dried mushrooms C: Possession
of mushroom spores D: Cultures at mycelium
stage E: Cultures at mushroom stage
|
| Location |
A B C D E |
Noted |
| Austria |
Y ? Y Y Y |
Mushrooms are considered decorative plants and unless
attempts to extract psilocybin are made, they should
remain legal. |
| Canada |
Y N Y Y Y |
If Bill C-7 passes, possession of fresh mushrooms and
cultures will become illegal. |
| Great Britain |
Y Y Y Y Y |
A legislative quirk allows the possession of "naturally
dried" (sun-dried) shrooms. |
| The Netherlands |
Y N Y Y Y |
Even the sale of fresh mushrooms is legal. See "Growing
Mushrooms" for addresses. |
United States
(California) |
N N N N N |
Spores and cultures are explicitly forbidden by CA Health
& Safety Code Section 11391. |
United States
(Florida) |
Y N Y Y N |
Possession of fresh mushroom if picked "accidentally"
(low quantities) is allowed. |
United States
(Oregon) |
Y N Y Y N |
Even allowing mushrooms to grow on your property is
(theoretically) illegal. |
United States
(Federal) |
N N Y Y N |
State laws take precedence over Federal law in the U.S.,
so this may not apply. |
| International |
Y N Y Y N |
This is the United Nations standard and most nations
follow it. |
These laws are based on a balance between the UN Convention
on Psychotropic Substances, which makes psilocybin and psilocin
illegal, and recognition of the fact that the substances occur
in nature. For each category:
- Fresh shrooms: The basic idea is that since shrooms grow
in nature, it'd be silly to arrest grannies who happen to
have a few growing in their backyard, or who pick them by
accident. This hasn't stopped most of the US (except Florida)
from banning them entirely. Of course, if you are caught
with 3000 Str. cubensis, you'll have a hard time claiming
you picked them by "accident".
- Dry shrooms: Usually taken as proof of intent to consume,
and thus illegal. In Britain, "naturally dried" shrooms
are legal, ie. if you leave them on a windowsill by 'accident'
it's OK.
- Shroom spores: Spores contain no psilocybin or psilocin
and thus are not covered by regulations - except in California.
- Cultures before shrooms appear: Same as above, usually.
Advanced mycelia do contain psilocybin and psilocin. With
the rice cake method you can grow until the mycelia are
complete and then eat the cakes; this way you can trip without
ever being in possession of shrooms.
- Cultures after shrooms appear: Clear intent to consume,
and you'll probably get charged with possession with intent
to sell as well. However! In some more liberal countries,
such as Finland, you might be able to argue that
the mushrooms were grown for decorative (ha!) or research
purposes. Do not count on it.
Mushroom hunting is another issue. On public property, hunting
itself is not illegal, but you're not likely to run into cows
in national parks either. =) Some countries like Finland have
the legal concept of "everyman's right" which allows, among
other things, picking mushrooms on private property, except
on fields which once again makes things tricky. But unless
you live in a notorious shroom zone - some areas of Florida
and South Wales come to mind - the odds of getting hassled
by farmers, much less getting caught by the police, are practically
zero.
If you are caught by the cops, expect to be charged with
trespassing and possession of controlled substances. Unless
large quantities are involved, you will probably get by with
probation and/or a fine. If caught in Florida, you can cite
the state laws and have the possession charge reduced or dropped
entirely.
Disclaimer: Information listed here maybe wrong,
inaccurate or out of date. Regulations do change all the time. |