Busted With Shrooms

apbx720

Well-Known Member
someone i know just got popped w a pound of fresh shrooms in texas. does anybody know what hes facing?
 

ndangerspecimen101

Well-Known Member
Not sure.

But if they were in fact fresh he could argue that they were not for sale. Dried Psilocybe's usually entails distribution. I'd advise your friend not to talk until he's properly represented.
 

apbx720

Well-Known Member
i wonder if he could say he picked em off the side of the road or something. play dumb. prolly doesnt really matter. im sure lots of people have tried that one
 

yesum

Well-Known Member
On the books it is a felony to have them here in Cali. so must be worse in Texas. If it is his first time they may drop it to misdemeanor if they feel like it.
 

ndangerspecimen101

Well-Known Member
i wonder if he could say he picked em off the side of the road or something. play dumb. prolly doesnt really matter. im sure lots of people have tried that one
If he doesn't have no drug priors then they'll be considerably more lenient on him. The main thing there going to try to push on him is the fact of the actual amount he possessed. If was intent to sell then the conviction rate changes considerably. He needs to prove to them that it wasn't intent to distribute.
 

yelmkram

Member
i wonder if he could say he picked em off the side of the road or something. play dumb. prolly doesnt really matter. im sure lots of people have tried that one
Unfortunately, playing dumb wont work. That would be like saying you didn't know the speed limit when you got pulled over for speeding.

Get a Lawyer, and speak only to and through him.
 

apbx720

Well-Known Member
so he got a lawyer who said they will probably drop it to a misdemeanor because of the fact they were fresh they are only charging him w posession. if they were dry they would charge w distribution. plus he dnt have priors. so good news for now. thx for the input everyone. peace
 

beans davis

Well-Known Member
InTexas pickin shrooms is a felony but nobody usually gets caught.They started putting stuff in the cow feed so the shrooms won't grow in the cow patties.My bro had 7 acres in east tex with about 10 cows the place was covered in shrooms,you could pick lawn bags full.He started feeding them feed from the feed store and within 6 months all the shrooms were gone,thats been 6yrs and there has'nt been a shroom since.
Your friend will have to pay a fine and get 1-4yrs probation depending on how connected his lawyer is in politics were he got busted.The more money you pay the better your lawyers connections seem to be.
The Tex court system is a bitch just check the crazy mj laws.
 

darkdestruction420

Well-Known Member
Unfortunately, playing dumb wont work. That would be like saying you didn't know the speed limit when you got pulled over for speeding.

Get a Lawyer, and speak only to and through him.
agreed, playing dumb wont work unless you live in florida. then it does work thanks to the ruling of the florida supreme court that the law while saying psilocybin is illegal doesnt go any further than that with it.

"
Defendant was convicted of a felony in the Collier County Circuit Court, Charles T. Canton, J., and defendant took a direct appeal. The Supreme Court, Boyd, J., held that (1) statute which explicitly controlled any material containing psilocybin and made possession of the material a Felony was not vague on its face, but where the statute made no mention of psilocybic rnushrooms or of any other psilocybic organic form that grows wild, the statute failed to advise a person of ordinary and common intelligence that such substance was contained in a particular variety of mushroom, and could not be applied constitutionally to defendant, who was not shown to have Criminal knowledge, and (2) where a statement made by defendant when confronted by law enforcement agents was ambiguous and susceptible of innocent explanation as well as being indicative of criminal knowledge, the ambiguities would be resolved in favor of defendant."
 

apbx720

Well-Known Member
InTexas pickin shrooms is a felony but nobody usually gets caught.They started putting stuff in the cow feed so the shrooms won't grow in the cow patties.My bro had 7 acres in east tex with about 10 cows the place was covered in shrooms,you could pick lawn bags full.He started feeding them feed from the feed store and within 6 months all the shrooms were gone,thats been 6yrs and there has'nt been a shroom since.
Your friend will have to pay a fine and get 1-4yrs probation depending on how connected his lawyer is in politics were he got busted.The more money you pay the better your lawyers connections seem to be.
The Tex court system is a bitch just check the crazy mj laws.
well that takes all the fun outta sifting thru cow shit doesnt it
 

apbx720

Well-Known Member
Bad news

First Degree Felony Plus $50k - $250k 5-15 years to 99 years, or Life with Parole

Read more: http://wiki.answers.com/Q/What_is_the_penalty_if_caught_growing_mushrooms_in_Texas#ixzz1iK7ANKCj
ya man thats what my boy said. he must have looked up the same info. thats why he was trippin so bad (no pun intended). but that was before he talked to the lawyer, who told him to relax and that he ll prolly just get a misdemeanor w years of probation. luckily they were fresh. personally i cant see him getting life, but with the was our justice dept is so fucked up, i wouldnt be too surprised.
 

apbx720

Well-Known Member
yes, but its the fact that they were fresh that lowers the punishment. if he had a pound of dry he woulda been totally fucked. possesion and distirbution charge
 
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