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Old 13-07-2005, 03:17
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<B style="mso-bidi-font-weight: normal">UN sees no reason to ban mushrooms.<?:namespace prefix = o ns = "urnchemas-microsoft-comfficeffice" />[/B]
On July 18 of this month Psilocybe mushrooms become illegal in the <?:namespace prefix = st1 ns = "urnchemas-microsoft-comfficemarttags" /><st1lace wt="on"><st1:country-region wt="on">UK</st1:country-region></st1lace>. The new law banning Psilocybe mushroom has been formulated to clarify the existing law. The existing law is a direct result of the <st1:country-region wt="on"><st1lace wt="on">UK</st1lace></st1:country-region> signing the United Nations convention of psychotropic substances of 1971. The U.N. International Narcotics Control Board exists especially for clarification of and promoting compliance to the UN conventions on narcotics. The INCB has a tough policy on drugs and has recently condemned the downgrading of cannabis to class C in the <st1:country-region wt="on">UK</st1:country-region> and slapped the <st1:country-region wt="on"><st1lace wt="on">US</st1lace></st1:country-region> for being soft on party drugs. Still the International Narcotics Control Board sees no need to ban Psilocybe mushrooms. There is no loophole in the law; magic mushrooms are legal with reason.

In a Dutch court case of Dutch mushroom distributor De Sjamaan, earlier this year Dr. Lousberg, the vice-president of the INCB explained:

<B style="mso-bidi-font-weight: normal">Low risks[/B]
In 2000, Coordination point Assessment and Monitoring new drugsst1lace wt="on">CAM</st1lace>) did a study on the risks of Psilocybe mushrooms. The <st1lace wt="on">CAM</st1lace> is part of the EU Early Warning Mechanism. It came to the conclusion that there is no need to ban Magic Mushrooms. The risks towards public health, criminality, public order, addiction and many other concerns are too low. The sales of magic mushrooms prevent people from going into the woods picking mushrooms and misidentification of magic mushrooms with toxic wild mushrooms. Dr. Lousberg was one of the experts working on the study.

Since then there has been no new data to conclude otherwise. In fact new research and data only confirmed the outcome of the study.
<B style="mso-bidi-font-weight: normal">[/B]
<B style="mso-bidi-font-weight: normal">Mushrooms are 100% legal[/B]
The delegates of the United Nations did not find it necessary to put psilocin containing mushrooms on the list of controlled substances. Only substances placed on the list of controlled substances are controlled. For this reason, not only cocaine, but also coca leaves are listed. Psilocybin and Psilocin are listed, but not the mushrooms themselves. This has been done on purpose. Many naturally occurring plants contain controlled substances. If that would be a reason to ban mushrooms or plants, a large part of nature should be prohibited. Another reason not to ban naturally occurring plants, is that the UN delegates concluded that banning naturally occurring plants is legally not feasible.
The concentration of psilocybin and psilocin in magic mushrooms is of course much lower than the pure substances. As the concentration goes down, so does the risk. The concentration of psilocybin and psilocin is too low, to pose enough risk to justify a ban. Since magic mushrooms are not controlled, neither are preparations of magic mushrooms. Only if one would separate the controlled substances from the mushrooms, an illegal preparation would be produced.

After consulting the United Nations on Office on Drugs and Crime (UNODC), the International Narcotics Control Board has made it clear in various letters that Magic mushrooms do not fall under international control.

<B style="mso-bidi-font-weight: normal">International Narcotics Control Board meeting on Psilocybe mushrooms:[/B]
In the light of the testimonial of Dr. Lousberg in the court case and after recurrent questions on the legal status of Psilocybe mushrooms, the International Narcotics Control Board established an ad hoc working group to look into this matter. To re-evaluate the view of the INCB on Psilocybe mushrooms and suggest to the board; wording to use in future communications on this issue. The sessions took place from may 17 – 28, 2004. The working group discussed the matter in dept and concluded that the wording presently used by the secretariat of the INCB should remain as it is:
“At present, no plants (natural materials) are controlled under the 1971 convention of psychotropic substances. Consequently, preparations (e.g. decoctions) made of these plants, including Ayahuasca (and Psilocybe mushrooms*), could be considered as not being under international control and therefore not subject to any of the articles of the 1971 convention.”

*Note of vice-president Lousberg

<B style="mso-bidi-font-weight: normal">EU Free Trade treaty[/B]
The testimonial of the vice president of the INCB is essential in regards to the EU Free Trade treaty: This treaty, signed by the <st1:country-region wt="on">UK</st1:country-region>, forbids the <st1lace wt="on"><st1:country-region wt="on">UK</st1:country-region></st1lace> to ban goods, which are legally produced in other EU countries. Most magic mushrooms are produced in the <st1:country-region wt="on"><st1lace wt="on">Netherlands</st1lace></st1:country-region>. But the EU free trade treaty does not preclude prohibition justified on grounds of public health. The testimonial of Dr. Lousberg makes it impossible to claim with any credibility, that the mushroom ban is justified on grounds of protection of public health.
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