From Nederlands Juridisch Dagblad

Magic mushrooms ban in force, from 0.5 grams of dried mushrooms and fresh from 5 grams is a prosecution

From our news staff © The Legal Times

Tuesday, December 2, 2008

Public Prosecution Service - On December 1, 2008, possession of certain fresh mushrooms punishable under the Opium Act.These are the mushrooms that naturally substance psilocin, psilocybin, or muscimol iboteenzuur contain. Possession of dried mushrooms was already illegal and was initially included in List I (hard drugs) of the Opium Act. Both fresh and dried mushrooms under List II of the Opium Act and are thus classified as soft drugs. It is ultimately up to the local triangle (chief, mayor and police chief) to decide on the local interpretation of enforcement. Enforcement of the ban on magic mushrooms is primarily focused on taking action against the commercial production and trafficking and sale of mushrooms. So decided after consultation with the Ministers of Justice and of Health, Welfare and Sport. Intended method On the proper procedure, agreement should be made in the triangle. Such arrangements could involve the triangle all the major retailers such as smart shops, souvenir shops and growshops by letter summed all mushrooms and products that contain ingredients from mushrooms to remove. Thereafter, visits follow the possible presence of criminal mushrooms. In their first encounter, the police written report for the OM and the mayor. The latter can directly send an administrative alert containing a notification that a subsequent violation the facility will be closed. If the police half visit again prohibited products will find a new official report prepared for the mayor and the PPS, then the sale must close. Law or not? At first glance is not always clear whether a mushroom found hallucinogenic mushrooms belong to the group. The combination of location (for example, grow shop) and the sale of mushrooms that contain a suspected prohibited constitute sufficient grounds for confiscation of such products and there will therefore be made official report. An expert report should eventually reveal whether the products actually found that in List II of the Opium Act belongs. Framework for prosecution In determining the penalty applies to the guidelines for prosecution Opium, cannabis (BOS / Polaris). To engage in commercial production and trafficking and sale of mushrooms is a maximum sentence of four years. In possession of 0.5 grams of dried mushrooms from fresh and from a quantity from 5 grams can be prosecuted.

Letter Writing Campaign or FIRE-BOMBS for DEA? WHY NOT BOTH?

DEA To Ban Synthetic Marijuana In 30 Days

By Steve Elliott ~alapoet~ in News, Products

Wednesday, Nov. 24 2010 @ 2:03PM

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Photo: City Pages

​The Drug Enforcement Administration on Wednesday said it will ban five chemicals used to produce so-called "synthetic marijuana," making the product illegal to sell or possess in the United States.

"The owners of the head shops and the convenience stores that sell these products have no less than 30 days to clear their shelves," said DEA special agent Terri K. Wyatt, reports Chance Welch of the Fort Worth Star-Telegram.

The "fake pot" products will be illegal in another month as the DEA is taking emergency action to ban the chemicals used to make them, report Pierre Thomas and Lisa Jones of ABC News.

"Over the past year, smokable herbal blends marketed as being 'legal' and providing a marijuana-like high, have become increasingly popular, particularly among teens and young adults," the DEA said in a Wednesday news release.

Photo: RolledTooTight

​The five chemicals used to make fake pot weakly mimic THC, an active ingredient in marijuana, and are not approved for human consumption. They have been sold as "incense" to bypass rules surrounding products meant to be consumed.

While synthetic marijuana does produce a high, it is short-acting, typically around 30 minutes, and does not produce the munchies as does marijuana. It will also, unlike real pot, give you a splitting headache if you mix it with alcohol.

According to the DEA, products like Spice, K2, Blaze, and Red X Dawn are labeled as incense to mask their intended purpose.

The DEA-proposed ban will put the chemicals in Schedule I, the same category as heroin and marijuana, more restrictive than cocaine, which is Schedule II. It will take effect in 30 days and last at least a year, in all likelihood remaining permanent.

Schedule I drugs are federally defined as substances which have a high potential for addiction and no accepted medical uses.

The herbal "incense" blends are currently available in smoke shops, convenience stores and on the Internet.

"Makers of these harmful products mislead their customers into thinking that 'fake pot' is a harmless alternative to illegal drugs, but that is not the case," said Michele Leonhart, acting DEA administrator, reports Justin Blum at Bloomberg. "Today's action will call further attention to the risks of ingesting unknown compounds and will hopefully take away any incentive to try these products."

The DEA published a notice in today's Federal Register saying that it intends to ban the chemicals. After 30 days, the DEA plans to post a rule to "temporarily control" the chemicals for at least 12 months, according to the statement.

During that time, the Department of Health and Human Services said it "plans to study" whether the chemicals should be permanently banned. Don't hold your breath, because so far, they've never changed about banning a substance once it goes on the "bad list."

At least 15 states have acted to ban one or more of the five chemicals targeted by the DEA, which have names like JWH-018 (the most common) and JWH-200. The other targeted chemicals are JWH-073, CP-47,497 and cannabicyclohexanol, reports Keegan Hamilton at Riverfront Times.

Senator Orrin Hatch (R-Utah) this month sent a letter to Leonhart asking for synthetic marijuana to be banned, saying use of the substances was reaching "epidemic proportions" in his state.

The DEA claims that use of fake pot has prompted visits to emergency rooms and more than 1,500 calls to poison control centers.

By Wednesday afternoon, the DEA's notice had already attracted supporters and detractors, reports the Star-Telegram.

Opponents of the move include Grant Smith, federal policy coordinator of the Drug Policy Alliance. Smith said that instead of criminalizing the chemicals and products, the DPA favors studying the chemicals, banning their sale to minors and requiring proper product labeling.

"Criminalizing this outright will not only lead to more people being prosecuted and jailed for non-violent crimes but will also cede control of the market to criminals instead of regulating it for sale," Smith said.

Smith also said that government control of the chemicals will limit the amount of research that can be done.

"Because it's Schedule I, the government decides who researches it and for what reasons," Smith said.

"These products are a predictable outgrowth of criminal marijuana prohibition," said Paul Armentano with the National Organization for the Reform of Marijuana Laws (NORML), reports Ryan Grim at Huffington Post.

"As prohibition is apt to do, it has driven the production of a commodity into the hands of unregulated, unknown dealers, driven up the potency of the commodity, and in doing so created a scenario where the consumer is faced with a potentially greater health risk than they would be had they simply had the legal choice to use the product they actually desired, in this case cannabis," Armentano said.

"Given that most manufacturers of these products are overseas and not subject to U.S. laws and regulations, it is unlikely that the DEA's action will in any way halt the dissemination, use or misuse of these products among the public," Armentano said.

Those who supported the measure included Drug Czar Gil Kerlikowske, director of the White House Office of National Drug Control Policy (ONDCP), who spoke in favor of the move on Wednesday.

"I commend the DEA for using their emergency scheduling authority to protect public health by keeping these substances away from young people," Kerlikowske said. "Until the risks associated with ingesting these products and chemicals can be studied and understood, there is no place for them on the shelves of any legitimate business."

The new publicity will likely only stoke demand and increase interest in the fake pot, reports the Huffington Post. K2incense.org already boasts that was "featured on Fox News."