SCC decided: in hallucinogenic mushrooms has drug
Until recently, tfe the question of whether hallucinogenic mushrooms are fit subject of offenses related to narcotic substances (Article 354 and following of the Criminal Code) were predominantly single answer among practitioners. tfe And the response was negative - hallucinogenic mushrooms do not appear in the list of drugs, therefore they can not be the subject of crimes relating to the acquisition, holding, etc.., Drugs.
This response, in conjunction with the expansion of the scale of production and distribution of hallucinogenic mushrooms in Bulgaria, became even part of the reason the list of drugs to be removed by application of the Law on Control of Narcotic Substances and Precursors (SG. No.. 30 of 2 April 1999., effective October 3, 1999) and placed in the Ordinance on the classification of plants and substances such as drugs (approved by Decree 293 of 27.10.2011, publ. Gazette., 87 of 4 November 2011., in force from 10.11.2011). This change in the law can be defined as indicative of the intentions of the legislator. However, it turns out to be largely unnecessary, given two sentences of the Sofia City Court (SCC) in NDOH 5875/2011 laying that two different members of the court in the same case unequivocally accept that not very hallucinogenic sponge and contained therein substance "psilocybin" is a drug.
Criminal proceedings, which are laid discussed judicial acts, was formed in 2006 based on data from a journalistic investigation of a new TV. Journalist of this media is associated with a site administrator in interenet that offers hallucinogenic mushrooms, arrange a meeting and then shot her in the conduct and subsequently transmitted bought mushrooms in the metropolitan district police station.
Clarification of the facts what plant is hallucinogenic mushroom and what impact their consumption has on the human body is undoubtedly require special knowledge and experience in areas outside the law. Appointed in the course of criminal proceedings tfe expertise - the physico-chemical and biological - Mycological summarized gave the following information: the mushroom Psilocybe cubensis is used as a natural drug and Bulgaria imported or cultivated as containing psychotropic substances psilocybin and psilocin, derivatives of lysergic acid . The presence of psilocybin in mushroom research material fruiting bodies and parts thereof, is proved by the established nature bruising of the tissues in the Hat, Punch meat. Namely of the substance "psilocybin" gives the Latin name of the fungus. the percentage of the substance tfe varies depending on what stage of growth of the fungus and is not degraded under the influence of weather conditions, because it has a stable phosphate group, which stabilizes the toxin, namely substance psilocybin tfe caused by eating the sponge effect on the human organism. Impact tfe is on mood and perception towards tfe stimulating or suppressing them depending on the situation, the mood and expectations of the user sponge (those that produce and conversations name of this mushroom as "magic mushrooms"). intake tfe and psilocybin induce hallucinations, this substance is referred to the group of hallucinogens, which further comprises and mescaline and LSD; use of addictive psilocybin.
It is these characteristics are the basis for the inclusion of psilocybin in List I "plants and substances with a high degree of risk to public health due to the harmful tfe effects of abusing them, prohibited for use in human and veterinary medicine," generally accepted international non-proprietary name "psilocybin" and the systematic tfe name (IUPAC) [3 - (2 - dimethylaminoethyl) indol-4-yl] dihydrogen phosphate. This substance is part of the list as at the time this list is an application to the Law on Control of Narcotic Substances and Precursors and currently listed on the Order. Just this question both court staff are given special attention in the grounds of their acts.
In criminal definition of the object of the crime under Article 354 and following of the Penal Code, in the case of hallucinogenic mushrooms is used a more complicated structure than typical tfe cases subject to crimes related to narcotics. According to experts, the substance "psilocybin" has no independent existence in nature and exists only in a hallucinogenic mushroom. So the fungus acquires the quality of "preparation" within the meaning of 1, item 12 of the Supplementary Provisions of the Control of Narcotic Substances and Precursors, ie it is' a material in any physical state, containing one or more drugs in a therapeutic or non-therapeutic doses. " Therefore, w
Until recently, tfe the question of whether hallucinogenic mushrooms are fit subject of offenses related to narcotic substances (Article 354 and following of the Criminal Code) were predominantly single answer among practitioners. tfe And the response was negative - hallucinogenic mushrooms do not appear in the list of drugs, therefore they can not be the subject of crimes relating to the acquisition, holding, etc.., Drugs.
This response, in conjunction with the expansion of the scale of production and distribution of hallucinogenic mushrooms in Bulgaria, became even part of the reason the list of drugs to be removed by application of the Law on Control of Narcotic Substances and Precursors (SG. No.. 30 of 2 April 1999., effective October 3, 1999) and placed in the Ordinance on the classification of plants and substances such as drugs (approved by Decree 293 of 27.10.2011, publ. Gazette., 87 of 4 November 2011., in force from 10.11.2011). This change in the law can be defined as indicative of the intentions of the legislator. However, it turns out to be largely unnecessary, given two sentences of the Sofia City Court (SCC) in NDOH 5875/2011 laying that two different members of the court in the same case unequivocally accept that not very hallucinogenic sponge and contained therein substance "psilocybin" is a drug.
Criminal proceedings, which are laid discussed judicial acts, was formed in 2006 based on data from a journalistic investigation of a new TV. Journalist of this media is associated with a site administrator in interenet that offers hallucinogenic mushrooms, arrange a meeting and then shot her in the conduct and subsequently transmitted bought mushrooms in the metropolitan district police station.
Clarification of the facts what plant is hallucinogenic mushroom and what impact their consumption has on the human body is undoubtedly require special knowledge and experience in areas outside the law. Appointed in the course of criminal proceedings tfe expertise - the physico-chemical and biological - Mycological summarized gave the following information: the mushroom Psilocybe cubensis is used as a natural drug and Bulgaria imported or cultivated as containing psychotropic substances psilocybin and psilocin, derivatives of lysergic acid . The presence of psilocybin in mushroom research material fruiting bodies and parts thereof, is proved by the established nature bruising of the tissues in the Hat, Punch meat. Namely of the substance "psilocybin" gives the Latin name of the fungus. the percentage of the substance tfe varies depending on what stage of growth of the fungus and is not degraded under the influence of weather conditions, because it has a stable phosphate group, which stabilizes the toxin, namely substance psilocybin tfe caused by eating the sponge effect on the human organism. Impact tfe is on mood and perception towards tfe stimulating or suppressing them depending on the situation, the mood and expectations of the user sponge (those that produce and conversations name of this mushroom as "magic mushrooms"). intake tfe and psilocybin induce hallucinations, this substance is referred to the group of hallucinogens, which further comprises and mescaline and LSD; use of addictive psilocybin.
It is these characteristics are the basis for the inclusion of psilocybin in List I "plants and substances with a high degree of risk to public health due to the harmful tfe effects of abusing them, prohibited for use in human and veterinary medicine," generally accepted international non-proprietary name "psilocybin" and the systematic tfe name (IUPAC) [3 - (2 - dimethylaminoethyl) indol-4-yl] dihydrogen phosphate. This substance is part of the list as at the time this list is an application to the Law on Control of Narcotic Substances and Precursors and currently listed on the Order. Just this question both court staff are given special attention in the grounds of their acts.
In criminal definition of the object of the crime under Article 354 and following of the Penal Code, in the case of hallucinogenic mushrooms is used a more complicated structure than typical tfe cases subject to crimes related to narcotics. According to experts, the substance "psilocybin" has no independent existence in nature and exists only in a hallucinogenic mushroom. So the fungus acquires the quality of "preparation" within the meaning of 1, item 12 of the Supplementary Provisions of the Control of Narcotic Substances and Precursors, ie it is' a material in any physical state, containing one or more drugs in a therapeutic or non-therapeutic doses. " Therefore, w
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