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NEWS - japantoday.com - Magic mushrooms slip through drug loophole

johnboy

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Magic mushrooms slip through drug loophole
Tim Large
TOKYO — In a country known for some of the toughest drug laws in the industrialized world, dealers of hallucinogenic "magic" mushrooms brazenly tout their wares in Japan.
Sidewalk vendors hawk mind-altering fungi on the streets of Shibuya, Tokyo's hip center of fashion, while magazines run advertisements for Hawaiian toadstools and Peyote cacti.
The loophole lets dealers import vegetable matter that would be considered Class A narcotics in many countries.
Thanks to a bizarre legal loophole, psychedelic substances have mushroomed into a major money spinner and the stores, known as "head shops," with names such as Herb on Air, Whoopee! and Psychedelic Garden are sprouting up all over the capital.
"You can't be punished for possession," a Justice Ministry official says. "Magic mushrooms are not listed in the drug law."
A Tokyo customs official confirms the loophole that lets dealers import vegetable matter that would be considered Class A narcotics in many countries.
"The plants themselves aren't illegal," he says. "There's no law prohibiting their import."
In a society not known for recreational drug use, such laxity is the exception to the rule. Even some over-the-counter cold medicines such as Sudafed are routinely seized by Japanese customs officers because of the stimulants they contain.
"Japan is no paradise for druggies, that's for sure," says a consumer of magic mushrooms, who declined to be identified.
The 26-year-old office worker describes how she painstakingly raises her own magic mushrooms at home using a spore-growing kit imported from Amsterdam.
"My mushrooms were 10 times better than the stuff you can buy in Shibuya," she says. "That's mostly because the dealers dry them with a hair dryer that effectively zaps most of the psilocybin out."
Psilocybin, the chemical that gives magic mushrooms their hallucinogenic properties, is specifically outlawed under drug laws, as is mescaline from Mexico's peyote cactus.
But unlike hemp, the fungi and cacti themselves get off scot free.
"If you know it's a magic mushroom and eat it, that's illegal. If you don't know what it is and eat it, that's fine," says the branch manager of a head shop chain who identified himself only as Mr A.
"It's all right to show and sell them, just not to encourage people to ingest."
He said about 20 people a day — from junior high school students to pensioners, men and women — buy mushrooms imported from Europe and Hawaii at his basement bazaar in Tokyo's Shinjuku district. The shop also stocks pipes, bongs, T-shirts and books on alternative culture.
Dealers know they walk a fine legal line. Police made their first fungus-related arrest in 1998, nabbing a man in the western city of Osaka for selling 2,000 bottles of capsules containing powdered magic mushrooms, worth about 10 million yen.
But putting him in handcuffs took some wrangling. The man was arrested not for hawking hallucinogens, but for flouting a law requiring people who sell pharmaceutical products to have a license, says a police spokesman.
He had taken out magazine advertisements saying his mushrooms had "a great effect on sex," the police spokesman adds.
The same year, a 19-year-old employee of a Tokyo magic mushroom dealer died of a drug overdose, although it was not clear exactly what drug she had taken.
"Magic mushrooms are essentially poisonous mushrooms," says Katsumi Kinoshita, chief of the Health Ministry's Pharmaceutical and Medical Safety Bureau. He declines to say whether the ministry is considering making them illegal.
Last month Japanese pop idol and TV star Hideaki Ito, 25, was rushed to hospital after police found him babbling nonsensically in a convenience store, local media said.
Ito said he had been given magic mushrooms by a friend without his knowledge.
The incident drew unwelcome publicity for a fledgling industry keen to distance itself from illegal trafficking.
"It's shop policy not to talk to the media," said the manager of a Shibuya magic mushroom emporium, declining to answer questions. "They always paint us in such a bad light."
Japan's yakuza organized crime syndicates control the vast majority of narcotics trafficking, and their most lucrative product is amphetamines, popular as a pick-me-up for those with fast-paced lifestyles, police say.
"Rave" drugs have also become popular.
The Osaka customs office reported this year that seizures in eight Japanese prefectures of ecstasy — a controversial stimulant and mild hallucinogen sometimes called the "love drug" — increased almost nine-fold in 2000.
Perhaps Japan's most high profile drug bust was in 1980, when former Beatle Paul McCartney was arrested at Tokyo International Airport for possession of 219 grams of cannabis.
McCartney was held in jail for nine days before being released and deported. If convicted, he could have faced seven years in prison.
"Japan's drug laws are the way they are because they were forced on us willy-nilly by America after the war," says a magic mushroom street dealer.
The vendor said the occupation authorities who gave Japan its new constitution and legal code lumped hard and soft drugs together as dangerous and "evil" substances — although magic mushrooms slipped through.
"In Japan, the people who make the rules don't have a clue," Mr A says. "To them, it's just fungus." (Reuters News)
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"i think i'll stick to drugs to get me thru the long, dark night of late-capitalism..."
Irvine Welsh
 
its sad that man has deemed himself so omnipitent that he alloys himself to outlaw Nature...... suppose it makes a change to just trying to dominate and destroy.
Now, wheres my woodlands map???? the big purple one with the little pixies inside it !!!!!!!!!??
 
It's hard to think of mushrooms being as dangerous as poisonous fish, so why should they ban them?
http://cwr.utoronto.ca/cultural/english/japan/eating.html
" The globe fish, fugu, is a delicacy in Japan, although it is highly poisonous. The chef must not puncture the glands of the fish during preparation, because the glands contain poison. Every year, about 200 Japanese people die from eating improperly prepared fugu."
...some meanies with your puffer sir?
phase_dancer
 
When i went to Japan all you had to do was look for shops with big pictures of hemp leaves and they just sell shrooms and peyote in little baggies like they would with any other product... even really old grandmas are seen to buy shrooms!
Imagine an 80 year old on them..!
 
I lived in Japan for over three years and the first time I saw guys dealing shrooms on a table in the middle of Tokyo, I almost fainted! There drug laws there are tough and they tend to heckle the foreigners in "rave" gear. The drug scene is very underground in Japan, but it is DEF there...just have to know who and how to ask!The shrooms there, on the other hand, are sold right in legit stores and ready for consumption...go figure!
 
Classifying by legal status
Most people know which drugs are illegal, although the legal status of a drug is not always simple. Most "legal" drugs are subject to restrictions and controls, which affect their availability, quality and price. For example, it is against the law for a pharmacist to supply prescription drugs to a person who does not have a doctor's prescription. It is also illegal to sell tobacco and alcohol to people under 18 years of age.
Possession of some drugs that grow naturally is illegal. Examples include magic mushrooms and datura. Both are potent hallucinogens.
From the Australian Drug Foundation website: http://www.adf.org.au/drughit/info.html
But the confidence of this statement is undermined by the final sentence in my next quote, which hints that their information may be out of date.
At present in Victoria, penalties range from a $2,000 fine and/or one year imprisonment for cultivation (if the court is satisfied that the offence is not related to trafficking), $3,000 and/or one year's imprisonment for possession/use (not relating to trafficking) to fines of up to $250,000 and/or 25 years imprisonment for commercial trafficking.
The laws in relation to possession and using a small amount of hallucinogens are scheduled to change in early 2000.
From Australian Drug Foundation Hallucinogen page: http://www.adf.org.au/drughit/facts/hdayha.html
Basically if you get busted with what a policeman thinks are drugs, you're busted for drugs. It's all semantics from then on in, and I gather that cultivating or possessing psilocybin mushrooms for anything other than consumption would be tough to prove.
BigTrancer
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