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Letter from home office re: shrooms

Forums Drugs Mushrooms & Cacti Letter from home office re: shrooms

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  • Halloooo all ! :bounce_b:

    Im a shroom retailer, and as such recieved a copy of the new home office letter banning shrooms.

    Thought I would post a copy up here for very one (usefull bits in it, like the section saying that if you they grow on your land without cultavation you can pick them for the purpose of destroying them at first resonable chance !) –

    Also good as mentions fly agaric is still legal, so if you intend to have any with you at any time, then please print off this letter to show the pigs as they arn’t always that bright and may well nick you for it even though legal!!! – Also they hate us being more informed than they are and feels wicked to be able to pull out a home office letter in an argument with them !

    (letter is at bottom of the message – As is their email address)

    As from the 18th july all shrooms are class A in any form (any fungi containing psilocybin or psylocin)

    Fly agaric is still legal in the UK as it doesn’t contain any of these substances, instead it contains muscimol.

    Fly agaric also contains alkaloids that are toxic, these can be removed either by feeding shrooms to reindeer and drinking the piss, or drying them at 170 deg. C.

    The ones on my site have been dried at 170 deg. C to kill the toxins, so no piss drinking required !

    http://www.laughterpromotions.com

    Here is the letter :



    Drug Legislation and Enforcement Unit
    Floor 6, Peel Building, 2 Marsham Street London SW1P 4DF
    E-mail drugsact2005@homeoffice.gsi.gov.uk

    To Whom It May Concern 6 July 2005

    Commencement of Section 21 of the Drugs Act 2005
    – Magic Mushrooms

    I am writing to inform you of the change in the law regarding fresh mushrooms containing psilocin – commonly known as magic mushrooms. The Drugs Act 2005 received Royal Assent on 7 April 2005, and now, under section 21, all types of fungus – including fresh fungi – which contain psilocin (or an ester of psilocin) are controlled as Class A drugs. This amendment clarifies the law to ensure there is no doubt that the importation, exportation, production, supply, possession or possession with intent to supply magic mushrooms, whether fresh or prepared, is unlawful.

    Section 21 will come into force on 18 July 2005.

    Separate regulations will exempt from the offence of possession those magic mushrooms that are not being cultivated or are picked for immediate disposal/ destruction.

    There is a question and answer sheet attached to this letter that explains the law change in more detail – if you would like further information on the change to hand out to customers then please contact Home Office Publications on 0870 241 4680, quoting product code: MMQ&A.

    Yours faithfully,

    Jeremy Sare
    Drug Legislation and Enforcement Unit
    Home Office
    MAGIC MUSHROOMS – Q and A

    What part of the law has changed?
    Section 21 of the Drugs Act 2005 amends Part I of Schedule 2 to the Misuse of Drugs Act 1971 by inserting “Fungus (of any kind) which contains psilocin or an ester of psilocin”. (Both psilocin and an ester of psilocin are Class A drugs.) Consequently, such fungi are classified as Class A drugs. It is an offence to import, export, produce, supply, possess or possess with intent to supply magic mushrooms whatever form they are in.

    When does section 21 come into force?
    Section 21 comes into force on 18 July 2005.

    What was the problem with the law as it stood?
    The Misuse of Drugs Act 1971 controlled the chemicals inside the mushroom (psilocin and psilocybin) as Class A rather than the mushrooms themselves. Magic mushrooms were only classified as Class A drugs under that Act if they had been prepared or if they were in the form of a product. It is a matter of legal interpretation what constitutes a preparation or a product and this had led to uncertainty. The judge in the Gloucester Crown Court magic mushroom case in December 2004 (Mardle and Evans, 14 December 2004) recommended that Parliament consider new legislation to clarify the legal position. The law change has put matters beyond doubt – it is a clarification and, to some extent, an extension of the law but it is not a reclassification.

    How big is the problem?
    The last two years have seen a dramatic increase in the number of shops selling magic mushrooms from only a handful to over 400. HM Revenue and Customs estimate the amount of magic mushrooms imported in 2004 to be between 8-16,000 kgs.

    Why are psilocin and psilocybin Class A drugs?

    Psilocin and psilocybin are powerful hallucinogens which work on the same pharmacological principle as LSD. They are particularly harmful to those with a mental illness or with an underlying mental health problem. The United Nations Convention on Psychotropic Drugs 1971 places psilocin in Schedule 1, the highest level of control. Users are also vulnerable to self harm whilst under the influence and those using mushrooms may experience negative flashbacks.

    Haven’t the police got higher priorities?
    It is an operational matter for forces to set their own priorities according to local needs. The police agree with the Government strategy that the highest priority is controlling drugs such as heroin, crack and cocaine as they do most harm. That does not mean that there should not be enforcement against other drugs. The focus of action will be on stopping the commercial import and sale of magic mushrooms.

    Will it be illegal to supply kits?
    The law covers production so it applies to the sale and importation of kits.

    How many people take magic mushrooms?
    The British Crime Survey shows that about 180,000 16-59 year olds took mushrooms in 2002/3. The survey for 2003/4 shows an increase of 40% in one year.

    Was the Advisory Council on the Misuse of Drugs consulted?
    Yes. The ACMD acknowledged that there was a need for legal clarity in this area.

    Won’t this criminalise those who pick magic mushrooms in the wild without knowing that they are magic mushrooms?
    No. Section 28 of the Misuse of Drugs Act states that if a person can prove his lack of knowledge then he is not committing an offence.

    Won’t this criminalise those where magic mushrooms are growing naturally in their gardens or on other land they own?
    Section 21 comes into force at the same time as regulations which make clear under what circumstances it is not unlawful to possess magic mushrooms. For example, a person will not be committing an offence of possession of magic mushrooms if the mushrooms are growing uncultivated on their premises or if they have picked magic mushrooms for the purposes of destruction as soon as is reasonably practicable or for the purposes of delivering them into the custody of a person lawfully entitled to take custody of them.

    Can I destroy mushrooms growing on my land?
    The regulations have been made so that it will not be an offence to pick mushrooms for immediate disposal.

    Will HM Revenue and Customs change their policy of collecting VAT on the sale of magic mushrooms?
    Yes. They have reviewed their position in the light of section 21 coming into force.

    Will suppliers be compensated for loss of income from the change in the law?
    No. The Government maintains that supplying mushrooms containing psilocin is unlawful.

    Does section 21 cover fly agaric mushrooms?
    No. Fly agaric does not contain psilocin. Its prevalence is extremely low.

    Are there any other circumstances under which mushrooms containing psilocin will be legal?
    The Home Office can issue licences for the growth of these mushrooms (normally for research purposes).

    What are the penalties for possession or supply of magic mushrooms?
    The maximum penalty for serious offences of supplying or possession with intent to supply a Class A drug is life imprisonment plus an unlimited fine. The maximum penalty for possession is 7 years in jail plus an unlimited fine.

    Where can I go for more information?
    For more information on magic mushrooms and the change in the law you can visit http://www.talktofrank.com

    If you have any further enquiries on the change in the law, you can also contact the Home Office by email at drugsact2005@homeoffice.gsi.gov.uk

    perhaps people should implement a system of “environmentally friendly destruction”, whereby the offending mushrooms are destroyed by “digesting” them in a vessel containing hydrochloric and other acids made up of natural organic material – (think back to your biology class and the construction of the human stomach) :biggreen:

    hmm – this field is full of mushrooms. I had better call my friends round to ensure that these dangerous mushrooms are quickly destroyed ….

    Yup, sounds good ! (just thought if i posted the letter, then people could read it out and figure out their own ‘creative’ ideas!

    im still in the process of getting confirmation of the law regarding spores, as they don’t seem to contain any Psilocin or Psilocybin and if this is the case then they aren’t illegal. (a bit like pot seeds I think). – But I am going to make damn sure of the facts first as they would love to nick me if I got it wrong !!

    What a shame if somehow a load got ‘dropped’ in a field and a few grow….. Would that be cultivation if nobody tended them ??????

    If the farmer was a friend, he would feel horrified and be forced to pick them (to destoy them of course !!!!)

    Basically this law is just fucking stupid like a lot of them !!!!.

    Mike
    http://www.laughterpromotions.com

    Ah ! well, keep up the ideas eh ! ( their main problem is that those od us whome have consumed shrooms etc, tend to have much more creative and resourceful minds than they do !)

    free the mushroom!

    When you think about it, the law change is rediculous! Classifying Shrooms in the same class as heroin and crack?! Many have argued (including MPs!) that the law is completely dissproportionate and that the government are just playing with power in an attempt to look hard on drug issues. Apparently the ban is being reviewed in August this year, so here’s hoping!

    This new law has been ill thought out, the prohibition of shrooms is just going to reduce their availability to near zero, causing more dangerous drug use (in the sense of questionable purity) to rise. All these shroomers who can no longer get their ‘fungi fix’ are goin to be drawn to, as the media have said ‘similar drugs’ such as LSD which, due to purity and dealers trying to up their profits, is much more risky. I mean, has anyone heard of a shroom vendor cutting their product with bicarb, pro plus, or curry powder? NO. It just cant be done. Bying natural, fresh stuff you know your not going to feel ripped off because you didn’t come up or worse, take the same amount as last time and find that it was only a weak version and voila! Overdose! LSD ranges from about 60% to 90% purity, so each tabs a gamble.

    A north west English narcotics police chief said that they ‘probably woudn’t bother’, even with a caution, on finding someone with a few grams of dried shrooms in their pocket. However, this is not to advocate people to take that kind of risk, just to point out the divergence of opinions on this legislation

    Wow, what a rant! :rant: Sorry, but I just want to warn people about the risks.

    Stay natural, stay safe guys
    Peace Out…

    Yer, I agree.

    Even if the cops do say they will let people go for minor possesion, what they say and what they do are often two very different things. 😥

    Stay safe eveyone ! :good_evil

    mike
    http://www.laughterpromotions.com :bounce_ci

    mikeid22 wrote:
    Yup, sounds good ! (just thought if i posted the letter, then people could read it out and figure out their own ‘creative’ ideas!

    im still in the process of getting confirmation of the law regarding spores, as they don’t seem to contain any Psilocin or Psilocybin and if this is the case then they aren’t illegal. (a bit like pot seeds I think). – But I am going to make damn sure of the facts first as they would love to nick me if I got it wrong !!

    What a shame if somehow a load got ‘dropped’ in a field and a few grow….. Would that be cultivation if nobody tended them ??????

    If the farmer was a friend, he would feel horrified and be forced to pick them (to destoy them of course !!!!)

    Basically this law is just fucking stupid like a lot of them !!!!.

    Mike
    http://www.laughterpromotions.com

    Ah ! well, keep up the ideas eh ! ( their main problem is that those od us whome have consumed shrooms etc, tend to have much more creative and resourceful minds than they do !)

    I tried to do that but no-one got back to me, if you get word back PM me if you would please. If there is anyone out there tho who is getting shrooms ready for destruction gimme a shout :toxic:

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Forums Drugs Mushrooms & Cacti Letter from home office re: shrooms