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Legal representation with scientific experience in psilocybin / psilocin required

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bluemagic8

Greenlighter
Joined
Aug 11, 2010
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14
Hi all, regardless of which Australian state they are in, I am seeking to speak with an experienced lawyer within criminal drug cases - in particular someone who understands the Drugs Poisons & Controlled Substances Act 1981 and the quantities of the chargeable active ingredients in mushrooms (psilocybin & psilocin), and how charges / defences work in regards to this. Any references would be greatly appreciated....
 
best of luck, is all i can say. Happens to the best of us. this coulda been me if i was unlucky this year as i had found some massif patches as well. not to the extent of 1.3kilo dried thou. but still. it can happen.

GOOD LUCK!
 
Thanks :) yeah it was one help of a season ay?

if I'm reading the laws properly, commercial qty of psilocybin & psilocin are considered 100g each. If that's true then I think the most 1.6kg dried has is 13g pure psilocybin & 2.5g pure psilocin (for subaerugenosis). Which drops it below commercial qty & gets it down to a sentence more likely to be suspended with a CBO (fingers crossed). Hence we need a smart lawyer who will get the chemical analysis stuff sorted....
 
So what you're basically saying is that because the active compound in the mushrooms only weights 13 grams, that's the amount he should be charged for?

If so, it just doesn't work.

What if I was done with 5 kilos of weed? Would I be able to get a lighter sentence by saying, 'But but! there's only 0.5g of THC in there!'.

If I misunderstood, forget this :)

Very best of luck to the guy and good on you for helping him. What a tragedy.
 
Weed is different. Check the drug act.the plant itself is illegal, hence the reason stems & leaves get included in weight when people get charged.

Mushrooms themselves are only illegal in fresh form in qld. In every other state only the active ingredients are illegal. So a chemical analysis is needed.
 
I'm not a lawyer but I imagine that this would be similar to being caught with, say, a pill. The active ingredients that are illegal in the pill are less then it's total weight, but the cops will weigh the tablets and charge you on that basis.
 
I'm not sure, but I actually thought bluemagic is right in this case.
Mariujana: Illegal, not just THC.
Ecstasy pills or things that are going to be sold as ecstasy can be trialed as such.

But with magic mushrooms I thought you did actually get trialled on the active ingredients. Because the drug is considdered to be Psilocybin/psilocin etc. Not the whole mushroom itself. I could be wrong with this, but I thought I remembered reading that hear on bluelight somewhere along the lines.
http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt1.nsf/DDE300B846EED9C7CA257616000A3571/0D638BDD269A209FCA257761001BFAB9/$FILE/81-9719a084.pdf

Thats the Drugs Poisons & Controlled Substances Act 1981 for anyone who is interested trying to sift through it.
 
I would have assumed the whole plant is illegal given the illegality of spores (which contain no psychoactive ingredient.
 
Lets say he was tried on the active ingredient which weighs 13 grams.

That's fine and dandy... for the prosecution.

The problem for you is,

Even being tried with something like 0.5g of psilocybin would still equate to trafficking/distribution. Under your calculation, there is 0.008g of psilocybin per 1 gram of dried mushrooms. 0.5g psilocybin would equate to 62.5g of dried mushrooms. Enough for heavy prosecution.

It's all relative and they're not stupid


However in reality, they're probably just going to charge him with the 1.6kg.
 
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Hi all! TheStudent14 and Dextrous are on target. I've poured through the 1981 act, terribly painful unless you've got good reason to know it!

I've communicated with psynapsurfa...

Great news is he got bail today with minimal conditions! Should've happened 4 weeks ago, but the past is the past

Dextrous, the trick is traffickable vs commercial qty traffickable is the difference between jail time & a community based order (CBO) for someone with no priors...

I'm just so happy he is out & able to keep his job, we have a lot of time now till 'official testing' is done.....4-16 months depending on which expert you talk to.

Will keep everyone posted and am still keen to talk to anyone with legal experience in these areas.... many thanks!
 
I think the difference between 62.5g and 1.6 kilos whilst still both would be enough for heavy prosicution, the sentece would be considerrably different though I imagine.
 
thestudent14 said:
I think the difference between 62.5g and 1.6 kilos whilst still both would be enough for heavy prosicution, the sentece would be considerrably different though I imagine.
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Yeah well thats it isnt it, either way he's done like a dinner but its in his best interests to be armed with as much information as possible in order to get the best outcome.

No one should have to be imprisoned for these types of offences imho, but it is the law after all and if the law states quantities in terms of active content then I'd sure as hell be wanting analysis and to be tried accordingly. Sounds like a much better option then having it jacked up to the weight of raw plant material 8o
 
I think this was discussed in a similar thread a little while ago back. If one were to have 10 MDMA pills that contained say 100mg each and another person had another 10 but only contained 50mg of MDMA they would still be charged with 10 pills no matter how many mg they contained. Just look at the guy who bought hundreds of M&Ms. I know in Europe it works differently. U are charged for the mg not the quantity of the dosage. All i can say is good luck with it. Why did he have 1.6kg dry on him? Thats pretty much asking for it. Did he get busted whilst picking?
 
they were dried, so i doubt it was when he was picking yo. :)

maybe he was plannning a massif shaman session with the nature?

bah but this aint no laughing matter lol. hope he gets ok sentencing.

keep us posted
 
yeah it'll be the 1.6kg. This goes for all drugs... inert ingredients or not.

If i have a kilo of meth, and it happens to be 99.9% glucose, that glucose is also considered meth.

simple.
 
is it really? a mate of mine was caught with 2000 ekkies in Alice springs, he was charged for 500grams of mdma. and not 2000 ekkies yo. only a mere 40mg per ekkie, blah and this was way before the draught
 
Mr Ibis & similar, sorry you really are wrong. The mushrooms are not illegal, only the two active ingredients. This is clearly spelled out in Schedule 11 of the Drugs Poisons & Controlled Substances Act 1981.

As an example, there are 8mg of psilocybin & 2mg psilocin in the average subaerugenosis dried.

This means if you had 1kg, in actuality you would only have 8g psilocybin & 2g of psilocin.

In the drugs act, you have to have 100g of one of these ingredients in order to be considered 'commercial qty'. That's the serious charge that guarantees jail.

Unfortunately you only need 1g of an active ingredient to be considered trafficking - but NOT trafficking a commercial qty. With no priors & 4 weeks served he's looking at a commuted sentence with a CBO (community based order)...fingers crossed!

Drug analysis of the ingredients will take up to 16 months, so it will be a while before there is more to report...

We've got an awesome Barrister but are keen to find a sharp Solicitor to work with the Barrister, someone who knows the Drugs Act well. So any posters or viewers with legal mates, feel free to get in touch...

Cheers!
 
And yes, headdah, he thought he'd nabbed a lifetime personal supply! He never intended to sell it. Unfortunately qty alone if large enough is considered trafficking.
 
headdah said:
they were dried, so i doubt it was when he was picking yo. :)

maybe he was plannning a massif shaman session with the nature?

bah but this aint no laughing matter lol. hope he gets ok sentencing.

keep us posted
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Ahhh sorry man i was pretty high when i posted yo LOL
 
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