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Ohio H.B. No. 80:
to prohibit the possession, sale, transportation, and cultivation of spores or mycelium capable of producing mushrooms that contain psilocin or psilocybin.

125th General Assembly
Regular Session
2003-2004
Representatives Core, Gibbs, Hollister, Hagan, McGregor, Fessler, Calvert, Setzer, Schaffer, Allen, S. Smith 

Updates on HB 80

CCLE Drug Law Library

 

A BILL

To enact sections 2925.031, 2925.042, 2925.071, and 2925.111 of the Revised Code to prohibit the possession, sale, transportation, and cultivation of spores or mycelium capable of producing mushrooms that contain psilocin or psilocybin.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2925.031, 2925.042, 2925.071, and 2925.111 of the Revised Code be enacted to read as follows:

Sec. 2925.031. (A) No person shall knowingly sell or offer to sell spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

(B) It is an affirmative defense to a charge under this section that the sale of or the offer to sell spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin is for bona fide research, instruction, or analysis if the sale of the spores or mycelium is not a violation of federal law.

(C) Whoever violates this section is guilty of trafficking in spores, a felony of the fourth degree.

Sec. 2925.042. (A) No person, with intent to violate section 2925.031 or 2925.071 of the Revised Code, shall knowingly cultivate any spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

(B) It is an affirmative defense to a charge under this section that the cultivation of spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin is for bona fide research, instruction, or analysis if the cultivation of the spores or mycelium is not a violation of federal law.

(C) Whoever violates this section is guilty of illegal cultivation of spores, a felony of the second degree.

Sec. 2925.071. (A) No person shall knowingly prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin when the person intends to sell or resell the spores or mycelium or when the person knows or has reasonable cause to believe that another person intends to sell or resell the spores or mycelium.

(B) Whoever violates this section is guilty of preparation of spores for sale, a felony of the fourth degree.

Sec. 2925.111. (A) No person shall knowingly obtain, possess, or use spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

(B) It is an affirmative defense to a charge under this section that the obtaining, possessing, or using of spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin is for bona fide research, instruction, or analysis if the possession or use is not a violation of federal law.

(C) Whoever violates this section is guilty of possession of spores, a felony of the fifth degree.