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by PeanutCurry 3223 days ago
Definitely relevant but it seems like this would probably be argued as a case of probable cause. If the local police are aware that people have been picking mushrooms in the region because some of them contain psilocybin then it wouldn't be unreasonable to consider foraging for mushrooms probable cause in their jurisdiction.
1 comments

I didn't go to law school either. I definitely don't want cops patting me down because someone does something illegal sometimes in an area that I also happen to be in sometimes.

It does not build PC anymore than walking in a "high crime area". It wouldn't stand in appellate courts. https://supreme.justia.com/cases/federal/us/528/119/case.htm...

I may have phrased that poorly, I didn't mean that you would be searchable for being in the area. I meant that you would be searchable for being witnessed picking or carrying mushrooms in the area which is very different from your example of simply walking through a high crime area.
Looking at your original comment I see that message clearly now. I still wouldn't want that to constitute PC. What if I had a brown bag full of non-psychedelic mushrooms? The cops would roll up on me and search me? Worse yet, what if I inadvertently picked a psychedelic mushroom, not knowing what is is and telling myself I would ID it with a spore print at home later. Now I'm looking at prison time? I don't want my taxes to go to keeping those cases in prison.

We've kind of gone off on a tangent from the original article which I am OK with. It will be a hard sell for me to agree to widening the definition of what constitutes PC. From my basic understanding being in a place or doing something is the definition of circumstantial evidence.

I also just realized that I am biased in this conversation because I believe that they should be legal. If you read the studies linked from https://clusterbusters.org/ the potential physiological medical benefits have been shrouded from study by the international agreements that were fabricated by agenda driven politics: https://www.youtube.com/watch?v=CJlqsdezhhk

To summarize:

1. Old guy was poaching. Nice story and all but there was a sign.

2. No I do not want to expand the definition of what constitutes PC

3. I have bias in this conversation because I think mushrooms should not be categorized as an illegal drug.