r/AusLegal • • 2d ago

NSW Case of man refused bail for magic mushrooms. What would his likely jail sentence be given the severity of the charges?

21 Upvotes

53 comments sorted by

19

u/middleofmybackswing_ 1d ago

The Drug Misuse and Trafficking Act 1985 says that 100g of psilocybin is a large commercial quantity. That kind of charge has a standard non-parole period of 15 years and up to life imprisonment. It can also come with a $500,000 fine.

37

u/Genova_Witness 1d ago

That’s crazy for 100g of mushrooms. How archaic

0

u/middleofmybackswing_ 1d ago

It's like 50 or even up to 100 doses. These are punishments for trafficking, not using.

36

u/DoesBasicResearch 1d ago

Ridiculous nonetheless. They literally just grow in fields. And honestly, they're very benign compared to coke or h or even prescription drugs 🤷

ETA - You're estimate is wildly off. It's 20-25 doses at a moderate level. 

13

u/Donnyboscoe1 1d ago

Yeah. That's about 20-25 doses for me. 4g, 5 if I'm feeling adventurous.

50-100 is micro dose. Well... My micro dose.

6

u/boofles1 1d ago

Yeah 4 grams of dried mushrooms is pretty standard. So around 250 doses per kilogram.

-5

u/Rockran 1d ago

A moderate level?

Mushroom doses range from 1-5g dry.

5g is a heroic dose.

For 100g to provide 20 doses, that's 20 heroic doses. Not remotely moderate level.

3

u/DoesBasicResearch 1d ago

5g is a heroic dose

No it isn't.

-1

u/Rockran 19h ago

It is

1

u/DoesBasicResearch 16h ago

You have no idea what you're talking about 😹

-2

u/Rockran 16h ago

A 5.0 g dose of dried mushroom is often referred to as a "heroic dose"

https://en.wikipedia.org/wiki/Psilocybin_mushroom

Your turn

2

u/DoesBasicResearch 12h ago

From the very same article you link:

Recreational doses of psilocybin mushrooms are typically between 1.0–5.0 g of dry mushrooms 

But that's not really my point. A 'heroic dose' is not just about how much you take, but also how you take it.  

"McKenna often described his practice of taking what he called "heroic doses" of psilocybin mushrooms: five dried grams, taken alone, on an empty stomach, in silent darkness, and with eyes closed."

https://en.wikipedia.org/wiki/Terence_McKenna

Like I said, you don't know what you're talking about 🤷🏻

5

u/boofles1 1d ago

It's a lot of dried mushrooms, I'm a bit of an amateur mycologist and collect and dry mushrooms and this sounds more like the amount you would get growing them yourself. Cubensis are bigger mushrooms but it is a lot.

3

u/Visible-Progress6033 1d ago

100g is 50 doses for first timers, or more like 20-25 doses for experienced users

2

u/xXCosmicChaosXx 1d ago

Nah it's maybe 30 doses, realistically probably even less

-1

u/boofles1 1d ago

A 35 gram dose is huge.

3

u/xXCosmicChaosXx 1d ago

When did anyone say anything about a 35 gram dose???

-1

u/boofles1 1d ago

He had a kilo so 1/30th of a dose is around 35 grams.

4

u/Visible-Progress6033 1d ago

I thought he had 100g, no?

3

u/xXCosmicChaosXx 1d ago

We are all replying to the comment which says "that is crazy for 100g"

2

u/boofles1 1d ago

Well read the article, it was 138 grams of dried and 750 of fresh mushrooms.

1

u/Sk1rm1sh 1d ago

Article down D:

1

u/Medical-Potato5920 1d ago

Plus the 749 g of fresh mushrooms. It's not going to fly as personal use, especially with his postera advertising them.

5

u/Visible-Progress6033 1d ago

100g!! He should've done some lesser crime like attacked people with a machete, robbed houses, stole cars, stabbed some folks. That would've got him  2-3 yesrs, and out on bail immediately

13

u/Honk911 1d ago

Putting up posters to sell drugs 🤦‍♀️

6

u/magicseadog 1d ago

Might sound dumb but it's common place in Canada (posters for people selling mushrooms) and basically how prohibition of cannabis happened there. Basically the cops stopped policing the laws.

Should change the rules around psilocybin, you can't even get addicted to it (load knows I tried). If there ever was a harmless drug, this is it.

19

u/One_Replacement3787 1d ago

Far from harmless. Psychedelics might not be inherantly addictive, but they can be devastatingly harmful to some people.

-6

u/Vermicelli14 1d ago

To very, very few people

21

u/One_Replacement3787 1d ago

Nope. You cant actually make that argument. In the first instance, very few people have taken psychedelics in comparison to say something like alcohol, where we do have significant data to make broad statements about its harms. We dont have that depth of data for psychelics.

Having been a psychonaut for the better part of 40 years, having made and consumed copious amounts of DMT, and pocured and consumed stupid amounts of 2cb, 2ct7, lsd, 5meo, and a number of other lesser known psychedelics, they are not "harmless". People's minds are not impervious to lasting trauma from these experiences. Just b3cause you and your mates tolerate them well, doesnt yranslate to (paraphrased) "very few people would suffer harm if they were available to use freely".

6

u/Asleep_Leopard182 1d ago

100% drugs are drugs, and they all have pro's & con's. Making them illegal is one argument, an interesting one, but everything has an impact and needs to be approached as such.

Part of the lasting issue with making drugs legal is accessibility breeds problem, particularly when used far too liberally or with poor knowledge of impact. Plenty of people have issue with psilocybin use - significant issues that can damage brain function & have lifelong impacts. This isn't a 'lack of knowledge' or insufficient data from population, it's in research & it's pretty clear. It needs to be treated with the respect it deserves.

Alcohol is again a fantastic one there - one of the biggest scourges on society, yet legal with restrictions, but people don't give it enough thought or consideration on use because it is so freely accessible & culturally ingrained. Everything has a pro & a con.

2

u/One_Replacement3787 1d ago

I didnt suggest that there is no data to prove potential for harm. My point was theres not enough data to claim that the potential harm levels are of an acceptable level or type that would warrant a legalisation of psychedelics. 5hese arguments ar3 completely different.

Appreciate youre broadly agreeing with what im saying, just making sure you understand the point im making more clearly.

2

u/Asleep_Leopard182 1d ago

Yeah I didn't miss your argument dw, I was expanding on wider points around it.

Legislation is fickle, but it's not as if we don't have known levels of risk & harm as is either.

2

u/One_Replacement3787 1d ago

Im all for legalisation of substances less harmfull than alcohol, like cannabis, but i am always wary when people start thinking that other drugs fall into a similar category of harmlessness based on their own experiences. THOSE people need to get off the drugs lol

2

u/Vermicelli14 1d ago

Sticking to psilocybin, the topic of the thread, we can safely say that harmful events are very rare.

https://pmc.ncbi.nlm.nih.gov/articles/PMC9353971/

5

u/One_Replacement3787 1d ago edited 1d ago

Tell me you dont understand the study without telling me you dont understand the study. Would you like a blow by blow why this isnt what you think it is? Ill give you the big one - This study ONLY looks to assess " Adverse experiences resulting in emergency medical treatment". Thats a very specific and narrow frame of reference.

The researchers' primary outcome was whether somebody sought EMERGENCY medical treatment after using magic mushrooms. That is not equivalent to measuring whether somebody was harmed. Someone could experience substantial psychological distress, prolonged anxiety, functional impairment, or perceptual disturbances without seeking emergency medical attention.

-2

u/Vermicelli14 1d ago

I guess it's simply impossible to extrapolate information from one context into a broader context. It's a shame such studies are completely useless

7

u/One_Replacement3787 1d ago

Theyre not. Youre just trying to use a study to prove point that you've no business trying to prove.

If i wanted to understand adverse medical events specifically resulting in emergency medical trwatement as a result of psilocybin use, 5his would be the study.

The issue is is YOU are trying to fit a square leg in a round hole. Thats a symptom of you not having the academic chops to have this argument nor the capacity ro interpret the information in co text to the discussion.

Thats not the study. Thats you.

0

u/ngali2424 1d ago

And covid was just a flu and then it's over forever. Nah, mate. Can be hard to shake.

-3

u/magicseadog 1d ago

Why reframe it to psychedelics your suddenly talking about a whole bunch of other drugs. I suspect you don't know much about psilocybin.

3

u/One_Replacement3787 1d ago

Lol. Youre so far off the mark you have no idea. Maybe read theough the rest of the thread

0

u/benjamininnit 1d ago

I think you can say psilocybin is ‘harmless.’ It might not be harmless to you but it adverse reactions to psilocybin can have major impacts on people’s wellbeing and mental state for long periods of time. That’s to say nothing of psychosis that it can trigger.

0

u/Pauly4655 1d ago

Yeah nah I use to trip on mushies and a friend took them every day for about 3 months and he is one fucked up bloke from them

1

u/Ok-Assistant-4556 1d ago

Not much different to the facebook pages. Just old school. What is interesting is that he put them up onalmost the opposite side of Sydney. Im sure he has them up elsewhere but police saw them in miranda and he was in Richmond

2

u/Donnyboscoe1 1d ago

Maybe his real name is Bill Posters and they finally caught him

16

u/badoopidoo 2d ago

Given how light mushrooms are, 750g of it is... huge.

You should speak to a lawyer about your situation, sooner rather than later.

23

u/BangCrash 1d ago

The 750g was fresh, not dried mushrooms.

Thats a small shopping bag after an afternoon of picking.

7

u/Curious_Breadfruit88 1d ago

Yeah the issue arises when you advertise said shrooms for sale. No one would know if you went picking and used them for yourself

9

u/Asleep_Leopard182 1d ago

Yep, he's being charged for supply not possession.

Putting up posters around town does not suggest great thinking skills. I presume those posters, if they were picked up by cops, were pretty obvious in intent.

4

u/fa-jita 1d ago

Putting posters up. Genius salesman.

2

u/Visible-Progress6033 1d ago

Tbh, our laws are backwards. Shrooms have genuinely helped me get out of a rut before. Thry should be made legal

1

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1

u/RalfioLorenzo 1d ago

If hes growing them himself thats a manufacture charge straight away

-1

u/sonebai 1d ago

Afaik the penalities are very hard for mushrooms, that quantity is in that zone.