new to shrooms and need some help

[inabinn]

hey guys this is my first post so i want to say hey to everyone. anyways, the idea of picking shrooms has always seemed like a cool idea to me, not to mention a lot cheaper than buying them. i recently moved to nc and was told that there are a ton of places to find them. my house is pretty close to a number of pastures with horses cows and goats all withen reasonable distance so im asking for advice on finding/picking mushrooms that grow in that type of habitat. do they grow in the crap on top or around it? what time of the day should i go hunting? its supposed to rain for a few days, how long should i wait to hunt? what animals pastures are the best to look in? again this is my first post so any help would be appreciated.

[eastwood]

You need to do alot of research.Check here http://forums.mycotopia.net/wild-mus...-field-forest/

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[wickedest]

The best time of day depends on what kind of a field your going into
ask your self will the owner of this field be mad if I am out there??? is the fields large or small??? if possible ask to go out into the fields if you can find where the owner lives sometimes they wont mind or will charge you a small fee to go out in the field

if your in the field without asking & you have problems best bet is to not go back or to try at night I use LED lights not the big ones but small like reading LED book lights they are bright work well & are cheap but always carry more then 1 as trips to the field can become long & the light may not last long try to find the LED's that use AA batteries (double A's) so you can change them in the field & keep moving at long distances you cant really see the light

also never park a car or anything in front of your field (day or night) if you didnt ask to be there then you dont want to be seen there either

never leave trash behind this lets field owners know someone has been there & that pisses them off when you leave trash for there cows to eat

never chase or scare the cows or whatever animals are in the field this sends them into alarm cows know there owner & owners know there cows
so if the cows are freaking out the owner knows something is wrong & may rush out to the field to investigate whats going on sometimes with a gun

I have heard owners are allowed to shoot at you & this is questionable as far as being legal or not

In florida you do not have to ask questions to shoot at someone on your property its the new law

Morning is also a good time to go just be there before 8am as thats the land owners job & they love to be to work on time

but get to know the field & you'll learn the best times to go just learn the difference between a night field & a day field & you'll stay safe

as for ID'ing caps a little research before you head out helps alot never pick mushrooms that you are unsure about unless you can get someone here to put an ID on them

take brown paper bags so that you dont mix up your caps & so that they dont touch each other when picking all different caps & so that if caps are poisonous they wont touch each other last thing you need is to be in the hospital waiting on a new liver because you ate a bad mushroom stuck to a cube after drying & was unable to ID it & this has happen many of times

also by placing caps in there own paper bag you can take them home & try to get clean spore prints for a later grows

the best fields are all of them around you as you never know what active mushroom you'll fine & you never know what fields are growing mushrooms & which ones arent & the best time to hunt caps is anywhere between 12 to 72 hours after a good heavy rain

I hope you have some luck be careful & post tons of pics

[hyphaenation]

Welcome to mycotopia.

I editted out your town name because its irrelevant and because there is a war on drugs going. We need to protect ourselves. To do that we need to be discreet. Discretion is necessary when discussing picking illegal mushrooms.

No worries or big deal. Just a thought. If you really want people (ie: fedralis looking in) to know what town you are in than feel free to edit it back in.

See yah around topia town ...

[wickedest]

Originally Posted by hyphaenation

Welcome to mycotopia.

I editted out your town name because its irrelevant and because there is a war on drugs going. We need to protect ourselves. To do that we need to be discreet. Discretion is necessary when discussing picking illegal mushrooms.

No worries or big deal. Just a thought. If you really want people (ie: fedralis looking in) to know what town you are in than feel free to edit it back in.

See yah around topia town ...

In Fl its not illegal to pick or have fresh mushrooms its only illegal when they dry & when you have mycelium growing fresh caps are legal here as they are not considered a container of psilocybin boiling them into a tea is illegal

[Beastmaster]

In Fl its not illegal to pick or have fresh mushrooms its only illegal when they dry & when you have mycelium growing fresh caps are legal here as they are not considered a container of psilocybin boiling them into a tea is illegal

That's a flawed statement. Only illegal when dry and when mycellium is growing, then how can you follow that and say that fresh caps are legal if growing mycellium isn't. And since when do state laws supercede federal.

I'd check your federal laws first. State shmate. That sounds like bogus info that's gonna get someone in big trouble.

In the United States psilocybin is illegal. The only thing that fits under the federal radar is spores.

[wickedest]

Originally Posted by Beastmaster

That's a flawed statement. Only illegal when dry and when mycellium is growing, then how can you follow that and say that fresh caps are legal if growing mycellium isn't. And since when do state laws supercede federal.

I'd check your federal laws first. State shmate. That sounds like bogus info that's gonna get someone in big trouble.

In the United States psilocybin is illegal. The only thing that fits under the federal radar is spores.

Yes but in Fl freshly picked mushrooms or the fruiting body is not considered a container of psilocybin making freshly picked mushrooms legal in FL including P.cubensis

I have web links, emails, & afew other places that I can prove my point I will not post them as I dont need to be banned for offsite linking but simple research can be done to prove my point or send me a PM & I'll send you all you need to know

[TVCasualty]

Originally Posted by wickedest

Yes but in Fl freshly picked mushrooms or the fruiting body is not considered a container of psilocybin making freshly picked mushrooms legal in FL including P.cubensis

I have web links, emails, & afew other places that I can prove my point I will not post them as I dont need to be banned for offsite linking but simple research can be done to prove my point or send me a PM & I'll send you all you need to know

You may not be prosecuted for possession if you encounter a cop after walking out of a field with a bag of freshly-picked mushrooms, but that's because you are not a mushroom expert and haven't positively identified them yet (if you are a mushroom expert, pretend you're not at that point). You had no criminal intent unless you say you did, like if you told the cop "I just picked some shrooms for a big party tonight." It's a ruling intended to protect someone like a land owner or curious naturalist from getting in trouble due to ignorance.

Offsite linking to sources of information is fine and done all the time around here, but linking to non-sponsors who are selling the same things our sponsors do is a different story.

I assume you are referring to Fiske vs. Florida:

The Supreme Court of Florida found that Psilocybin mushrooms could not reasonably be found to be "containers" of the schedule I substance psilocybin. The court essentially held that if the Florida legislature wished to make wild psilcybin mushrooms illegal, it would have to name them in the law and Florida has so far not chosen to do so. The court ruled: "the statute does not advise a person of oridinary and common intelligence that this substance is contained in a particular variety of mushroom. The statute, therefore, may not be applied constitutionally to [the defendent Fiske who was caught with freshly picked psilocybes]."

Similar cases have been tried in other states and some state Supreme Courts have found differently. The Florida Supreme Court does not address in Fiske V Florida whether Fiske would have been breaking the law if the prosecution had proven Fiske knew the mushrooms contained psilocybin and planned to use them for the psilocybin, but the implication is that this case would not protect someone in that case.

[seedlessstinky1-4u]

Originally Posted by TVCasualty

I assume you are referring to Fiske vs. Florida:

yeah i was kinda wondering about that too. Like you said maybe right outta the feild, maybe you'd get a break, my bet is they'd still try and bust your balls. Just dont do anything out picking that you wouldnt do not picking. if that makes any sense.

[cleanjar]

Section 8 of 29 from CHAPTER CUBENSIS, copy and pasted from .doc file, so it looks less organized in this plain text version.
Never before read by another then myself.
Required a review by my awesome friend the Shroom Wizard.
Release date of the work in full has been set on hold due to his passing.




8 THE MUSHROOM LAW OF FLORIDA

Well… there are no mushrooms that are “illegal” in the great state of Florida. In this day and age, that is almost too difficult to believe, isn’t it? It is even trickier for a Florida law enforcement official in said state to believe, because the vast majority of them simply are not aware. This can be a good and a bad thing.

A person within the borders of Florida cannot rightfully be prosecuted for possessing Psilocybian mushrooms (if they do not confess that their intentions were to knowingly break the law). What is illegal, are the “psilocybic” chemicals known as Psilocybin and Psilocin. This means that a chemical-extraction that renders a pure and concentrated extract of said chemicals is deemed un-lawful. While the actual mushroom-material in natural (or even powdered) form, only contains Psilocybin and Psilocin, opposed to being extracted or removed.

“Extraction” is something as complicated as a chemistry project. “Removal” can be as simple as making tea with the mushrooms. This leaves a lot of room for everyone to wonder.

What is said to be unlawful is the distribution and/or sale of the mushroom material to others. Distribution is lumped together as a similar term as processing. Mushroom material in capsule, pill, or similar form, “may” be considered illegal as it could be considered a “non prescription drug”, which is not ordinarily something that a person would make unless they are aware of its contents. Dried mushrooms cannot be considered unlawful, because they naturally dry in the wild.

If Psilocybe cubensis mushrooms were made illegal to possess or grow in the state of Florida, then the jails would be crowded with a whole lot of farmers and cows. There simply is very little way of human beings ever eradicating Psilocybe cubensis from the state of Florida: no way and no how.

However, no one is exactly advised to carelessly challenge the limits of the law, if unprepared. The law has placed an emphasis on what we know as “knowledge”. Understanding how to find and correctly identify mushrooms (of any variety), is not illegal. But admitting to knowingly doing something criminal, could get someone into a jam.

Fiske Vs State of Florida (1978) – The Man, The Legend, and The Ruling

The case highlighted above in bold print is the bread and butter for the reason why Psilocybian mushrooms are not unlawful to possess, in Florida. The individual responsible for haphazardly tossing the monkey wrench into the Florida judicial system was known by the name of Richard Fiske, and The State of Florida’s representation was the honorable Justice Boyd residing. Our fearless shroom-law pioneer (Fiske) was seen one day emerging from the inside of a cow pasture by a law enforcement official in Collier County. Records indicate that Fiske did not have any mushrooms in his possession when approached by the police man. Instead the deputy saw a brown paper bag somewhere near Fiske’s person. Obviously this paper bag was likely left there by another person that might have been in the pasture before Fiske was there, yet the officer declared that the ‘shrooms’ were his, and Fiske was then arrested with the felony charge for Possession of Psilocybin.

Whether or not Fiske was actually collecting these varieties of mushrooms or not, is beside the point. He played his cards right when approached by the law and while being arrested, and questioned. Fiske never admitted to have been collecting or looking for mushrooms of any variety; he kept his mouth shut. Apparently the police later requested a search warrant to search Fiske’s home after the arrest, and low and behold: they discovered field guides for identifying wild mushrooms. Since these books were inside of his home (not unlawful), the police then made the assumption that Fiske had a good amount of knowledge about identifying mushrooms (not unlawful). Since they assumed he knew how to identify mushrooms, they then went even further with their assumptions and decided that he knew how to identify psychoactive mushrooms also (not unlawful). The police thereby declared that Fiske was looking for magic mushrooms in the pasture that day (even though he never admitted to it).

A light was eventually seen at the end of this mushrooming tunnel of injustice, once reviewed by the judge. The judge ruled in this case that it is not illegal to have knowledge (God Bless, America). This is a important thing to understand, because if the United States one day decided that it is unlawful to possess knowledge; we would all be in a boat-load of trouble! The judge also must have put under consideration the sheer abundance of these mushrooms and the frequency of folks picking them in the Sunshine State.

The term “knowledge” is important for a mushroomer to understand. If you admit to picking wild button mushrooms to be identified by a friend, you will be standing on more solid ground with the law enforcement and judicial system then had you admitted to picking ‘magic mushrooms’.

From that day forth it was ruled that any organic and naturally occurring substances which are “psilocybic containing” (Psilocybin, Psilocin, ect.) are not unlawful to possess in the state of Florida. The ruling makes no mention of “mushrooms” or “fungi” containing these chemicals, only the actual chemicals that can be extracted from them in pure form. This is similar to how a almond contains very small traces of cyanide inside of them: almonds are of course not unlawful, but extracting cyanide from the nuts is certainly something the laws are not going to be designed to allow many people to lawfully do.

Fiske’s criminal conviction was reversed even though the mushrooms in the bag tested positive for Psilocybin-type chemicals at a crime lab in Collier County Florida. All Florida mushroomers are encouraged to seek their own understanding of the Fiske case. Since the law was set into place, Floridians who have admitted to their knowledge of harvesting these varieties of mushrooms when being caught have in fact led to convictions (a felony in the third degree). Ultimately a person who finds theirself in a situation similar to what had happened to Fiske, should understand that telling the police anything other then a full name, date of birth, request a lawyer, and say nothing unless it is to that lawyer.

No distinction is made in this law between fresh/dried or wild/cultivated mushrooms, because there is no direct mention of mushrooms in the law; only the chemicals inside of them. Cultivators must recognize the meaning of what could be considered extraction or removal, and hunters should understand when to with-hold any admittance of knowledge.

To see a full copy of this case, visit a legal library of any county courthouse in Florida. Give the librarian this reference: “Fiske Vs State Of Florida (1978)”, and they will gladly assist finding it for you.

If choosing to hunt for Psilocybe cubensis in the state of Florida, a person will want to construct their own approach beforehand for if ever having to deal with the law… using this arbitrary dichotomous key:

1 Drop the bag of mushrooms before law enforcement sees them on your person, never admitting
ownership…………………………………………………………………………………………...2
1 Keep the bag of mushrooms on your person………………………………………………………………2
2 Run, faster then them………………………………………………………………………………………3
2 Allow the police to approach you………………………………………………………………………….4
3 Do not get caught……………………………………………………...(See Never return to that pasture.)
3 Get caught………………………………………………………………………..(See Evading the Police)
4 State that you are collecting mushrooms………………………………………………………………......5
4 State that you are doing something else……………….(See They probably are not going to believe you.)
5 State that you are collecting edible mushrooms. Never admitting to knowingly collecting “magic” mushrooms, and acting as if you do not really know how to identify them anyways……………...6
5 State that you are collecting magic mushrooms, being honest about your purposes and admitting that you have knowledge………………………………………………………………………………...6
6 Be let free, and told to never return……………………………………(See Never return to that pasture.)
6 Be questioned further, by the police……………………………………………………………………….7
7 Be told that you are Trespassing on Private Property, which is a misdemeanor…………………………..8
7 Be told that you are Trespassing on Private Property, which is misdemeanor, and also in Possession of illegal drugs (mushrooms), which is a felony………………………………………………………9
8 Be arrested for Trespassing on Private Property…………...(See You should have asked for permission.)
8 Be let go free, with the warning to never return……………………….(See Never return to that pasture.)
9 Describe to the officer that they do not know the mushroom law of Florida…………………………….10
9 Kindly apologize to the officer, and state that you promise to never do this again………………………..8
10 Be arrested for arguing with “the law”………………………………………………………………….11
10 Be let free (for some amazing reason), and told to never return………………………………………..13
11 Be arrested for Trespassing on Private Property………….(See You should have asked for permission.)
11 Be arrested for Trespassing on Private Property, and for Possession of “illegal drugs” (mushrooms)……………………………………………………………………………………….12
12 Be charged with Trespassing on Private Property (for certain)……………………………………………
……………………………………………………….(See You should have asked for permission.)
12 Be charged with Trespassing on Private Property (for certain), and be told by the arresting officer that the mushrooms will be sent to the crime-lab, and if they test positive for drugs you are going to be in big-trouble………………………………………………………………………………………14
13 Be on your way out of the pasture, after the bag of mushrooms was confiscated…………………………
………………………………………………………………….(See Never return to that pasture.)
13 Be on your way out of the pasture, with your bag of mushrooms in hand………………………………...
………………………………………………………………….(See Never return to that pasture.)
14 No matter what the crime-lab results are, you will not be charged for being caught with mushrooms.......
……………………………………………(See No mushrooms are illegal in the Sunshine State.)
14 No matter what the crime-lab results are, you will not be charged for possessing mushrooms in Florida.
Unless you are on probation………………………………………………………(See Drug Court)

Never return to that pasture. Do not go back.
Evading the Police is another charge all-together.
They probably are not going to believe you. Even a judge is going to think twice about why a person
might have been in a Florida cow pasture at 2AM, looking for “edible” mushrooms that probably tested positive for containing Psilocybin. Yet, never admitting your knowledge is still considered playing it safe…………..............................(See No mushrooms are illegal in the Sunshine State.)
No mushrooms are illegal in the Sunshine State. If for some reason, a charge for “Possession of
Psilocybin” is not dropped; contact The American Civil Liberties Union. The ACLU will likely get the charge dropped for free in a timely manner.
Drug Court. If a person is already on probation for a drug or alcohol related offense, “they” are going to
see the mushroom (drug) incident, and attempt to lure and deceive that person into their separate court system. They will promise that if a person completes their long and rigorous (and expensive) drug rehabilitation program, the Trespassing charge will be dropped and erased from their permanent record upon completion of their program. The program consists of typically 8 months, hundreds of drug tests, dozens of court appearances, drug or alcohol meetings, and a slew of other requirements all of which cost money every step along the way. If the person fails to satisfy any of these requirements the drug-offender will be temporarily jailed again. Upon their release, Drug Court will add another 8 months (more money) onto the time required to be released from their program. Of course, at the point drug court offers this option to a person, they will already have hired an attorney, who may suggest proceeding to challenge the case, opposed to putting theirself into a position similar to being in a line of cows awaiting their turn to be slaughtered.

[Dizz]

http://www.erowid.org/plants/mushroo...ooms_law.shtml

ive read that about florida, though im not from USA and alot of american beg to differ.
Ive heard of people in florida being arrested with shrooms and theyve had to face court.
Ive also heard americans say theyre dissapointed in erowid for having outdated statements...
Just my 2c

[cleanjar]

The key is kind of scattered at the moment.
Request not to share my text anywhere outside of topia yet.

[cleanjar]

And I shared this text with the secondary editor for the law section, really the only editor now.
I requested extra help with this description because I am not a attorney, just a mushroom hunter.
'Said all seems to look good but a few typos and a correction about how the state of florida was represented by the DA, and the judge[s] only oversee the case and the ruling.

[sangraal]

back on-topic... Welcome to 'topia inabinn! Wickedest gave you a bunch of good info right off, there's tons more throughout the forum mentioned as well as throughout the archives. I also live in NC. Having visited the coast a few times, for mushroom hunting and such with a friend, they've been found there. Further inland, it's very hit and miss (mostly miss), but I have little doubt as to their existance before you get high into the mountains. Good luck with your hunts- its getting late this year- just always make sure you get plenty of affirmations on any finds before ingestion.