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Is mushrooms, the sale of fly illegally?

With his flying mushroom powder has is a 42-year-old gardener from the Toggenburg is a costly court process. The Zurich upper court has spoken to him now, however, because of the sale of flying is prohibited for mushrooms only if they are considered to be food.

fly agaric mushrooms have been known to have a hallucinogenic effect. However, neither the fungus itself nor any of its agents Miscarin, ibotenic acid and Muscimol fall under the narcotics act. To eat fly agaric mushrooms, is therefore not prohibited. However, they may not be sold as food, because they are not listed in the edible mushroom regulation. This is also the toggenburg, the offered 2016 at the Zurich Rosenhof market seven vials with a reddish-brown powder knew.

warning on the bottle

it was ground fly agaric mushrooms, which he sold according to own statements explicitly to the Smoking and not to eat. He had not printed a warning on the bottle that it was a kind of food. The buyers, he'll also still an appropriate oral note.

The lower court, the district court of Zurich, is not enough. The man had taken in that anyone consume the powder. It sentenced him in March 2018, due to Violation of the food act, to a fine of 400 Swiss francs. The cactus gardener, whose range is going to drift easily into the Psychedelic, did not want to accept the buses, however, and moved the case to the Supreme court. This gave him the right, as a recently published judgment.

fly agaric eating is legal

It lacks the intent, the fly agaric as a food to offer, writes the Supreme court. Yes he had printed extra warnings. The Accused had to be spoken, therefore, of the Violation of the food law. Whether the customers eat the powder then but still, this judgment is not decisive - because this is not what is forbidden. His powder-flasks, which were seized by the police, you can pick up the gardener. The judgment is final. (sda)

Created: 30.04.2019, 17:01 Uhr

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