Monthly Archives: June 2013

‘Shroom Season

Standard

scan0004scan0001scan0002

Everyone knows the old idiom. “April showers bring May flowers,” but what do May flowers bring? Pilgrims! ( yeah I knew you were going to say that smart ass ) no May flowers bring…SHROOMS! Specifically Psilocybe cubensiscommonly known as Psilocybin, or Magic Mushrooms. They grow wild particularly in cow pastures where they spawn directly from the cow pies. Yes, they grow in cow chips, meadow muffins, in other words, cow shit. Sounds appetizing, eh? Yes while they usually do grow from cow shit, nowadays all the big corporate companies put an anti-fungal in their feed. So that’s why you don’t find shrooms growing in the big commercial fields anymore. You have to find the smaller Mom and Pop ones. There’s definitely a bigger risk involved because their farmhouse is usually adjacent to the field and if Farmer Joe sees you he might come after you with a shotgun full of rock salt or worse. There’s other risks as well. We were once in a field and a big bull steer starting giving us the eye like he was going to charge us. Turns out we were getting a little too close to a baby calf that we couldn’t see that was resting under a shade tree. Also you always run the risk of being abducted by Aliens ’cause your interfering with their cattle mutilations, but I guess that’s just the risk you’ll have to take. Whatever you do, do not, DO NOT eat the mushrooms in the field as you pick them. Get ’em and go. The best time is at first light after it’s rained. But be careful Farmer Joe gets up really, really early, too. Hop the fence, fill a grocery bag full and split. If you get greedy, you’ll get caught. Psilocybin mushrooms are considered a controlled dangerous substance under federal and state law. Possession in some states is considered a felony. You could go to jail. Check you state statues. Here in Florida, according to Fiske vs. the State of Florida, 366 So. 2d 423 (1978). The Florida Supreme Court ruled that the State has to prove that you knowingly were picking mushrooms with intent to get high. So if worse comes to worse and the cow dung hits the fan, play dumb.” I just thought they were pretty little fungi. I had no idea officer!?”

Here’s what Jeffery Garland, Fort Pierce Criminal Defense Attorney had to say:

What the Florida Supreme Court said in Fiske vs. the State of Florida, 366 So. 2d 423 (1978), addressed the issue of knowledge of the illegal nature of the “shrooms”. Since mushrooms with psilocybin are  naturally growing fungi which could be mistaken for a legal fungi, the FSC required that the State present independent evidence that the person knew that the mushrooms contain psilocybin. Such evidence could include a reference to looking for “magic mushrooms” or getting high etc. It could be a tragic mistake to assume that these cases can’t be prosecuted in Florida.  It should be noted that some of these charges might be prosecuted in federal court as well.  Shroom prosecutions, which I have handled over many years, have mainly involved persons trespassing into cow pastures a week or two after heavy rain. The psilocybin charge can’t be prosecuted successfully without some incriminatory statement or other evidence providing proof of knowledge. Often, the mushroom evidence is improperly handled and rots before it can be tested at a crime laboratory. Some cases, however, involve persons who purchase spores, specialty grow materials, and have possession of “how to” articles. The items are highly incriminating and could result in far more serious charges of manufacture and distribution. Such distribution charges could be prosecuted in both Florida and federal courts. I would suggest that you consult a qualified criminal specialist if you are facing investigations or charges associated with these type of activities.

So there you have it. Best of luck!

Shrroms1