Legal Question in Criminal Law in New Jersey

Hello,

I was wondering if it is illegal to purchase and possess mushroom spores that could be used to cultivate mushrooms containing Psilocybe, a hallucinogenic and controlled (Schedule I) substance. The spores themselves contain no illicit chemicals, however retain the capability to produce fungi containing them, so I was wondering if it is legal to possess the spores alone (with no intention of fostering growth) for purely mycological reasons.

Here's some information I found on the subject, but I wanted to get input from a legal professional before taking any action.

http://www.fungifun.org/fanaticus/news/PSYLOCYBEFANATICUSOWNERANDEMPLOYEESINDICTED.htm

http://www.fungifun.org/fanaticus/news/2accusedofselling'magicmushrooms'online.htm

Bottom of page, under 'important reading':

http://www.thehawkseye.com/


Asked on 7/07/10, 2:41 pm

1 Answer from Attorneys
Savyon Grant Law Office of Savy Grant

Pursuant to the criminal statue it is illegal to posses CDs or an anologe of. So it would be illegal and depending on quantity would begin as a 3 rd degree crime or worse.

3rd degree crime carries 3 to 5 yrs in state prison.

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Answered on 7/07/10, 5:49 pm


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