USA - Calling hallucinogenic mushrooms a ‘gift from God' certainly a novel defense

[chillinwill]

Clifton Ingram may not be a brilliant legal strategist, but I've got to admit he's got gumption to spare.

Enough to plead for leniency in front of the district attorney while quite high — but we'll get to that in a minute.

Ingram, 32, strongly believes that God gave us marijuana and mushrooms and that these “gifts” should be celebrated, not used as a cause to arrest folks. As he was arrested for possession of mushrooms in December, he hopes to plead this defense to a jury.

“The point I'm trying to make is that God's law is higher than man's law,” Ingram told me. He was out protesting downtown last week, carrying a sign that said “Mushrooms & marijuana come from God.”

A little background: Ingram had planned to attend the Warren Haynes Christmas Jam on Dec. 13 and was sitting in his car near downtown, sipping on a cold beer out of a coffee mug and sampling a hallucinogenic mushroom or two.

“I had the bag open, and I put one in between my lip and my teeth — I put it in sort of as a dip, because you really don't need that much,” Ingram said. “I looked over, and I had blue lights on me.”

He wasn't hallucinating quite yet. Asheville's finest were on the scene and proceeded to search his vehicle and discovered what they said was 10 grams of hallucinogenic mushrooms.

Ingram disputes that amount, noting that he bought a quarter-ounce, or seven grams, and had taken some, leaving at most 6 grams. At any rate, he found himself charged with felony possession of illegal drugs.

It's a Class-I felony, and Ingram has a relatively clean record, so he's likely facing a maximum sentence of probation and mandatory drug testing. But Ingram, a graduate of Auburn University with a degree in management information systems, doesn't want his record besmirched.

“Not only that, but I can't run for public office, I can't vote, I can't go to law school — this felony would basically follow me for the rest of the life,” he said.

So, with his public defender, he recently went to seek leniency or possibly dismissal of the charges from District Attorney Ron Moore. The meeting did not go well, possibly because Ingram admittedly got quite stoned before the visit.

“This guy was mean,” Ingram said of Moore, acknowledging that “my eyes were red from smoking marijuana. He was trying to get me to rat out who the mushrooms were from. He said, ‘Where did the mushrooms come from?' I said, ‘From God.'”

He replied similarly when asked where the pot came from and says Moore quickly lost patience with him, saying Ingram should not drive home. “He lumped me into a bunch of people he considers no-gooders,” Ingram said.

Ron Moore was out last week and I couldn't get a comment from him. Assistant District Attorney Chris Hess said the office does not comment on pending cases.

I've talked to Moore — a law and order kind of guy who can be a real hard case — many times — and I suspect he was not amused with Ingram's legal approach.

Ingram says he has a court date Monday, but the DA's office said he's on the docket for May 4. Today's hearing may be about the legality of the search and a motion for suppression Ingram's public defender has filed.

Ingram said his public defender (who didn't return my calls) is going to argue the search that turned up the mushrooms was illegal because the hallucinogens weren't visible, and he was simply drinking in public.

In a way, though, Ingram wants the chance to argue his “God gave us mushrooms” defense to a jury. Ingram believes so deeply in his use of marijuana and mushrooms that he considers it close to being his religion.

“I don't do any kind of synthetic drugs — I don't even like pills,” he said. “God gave us marijuana and mushrooms to use. If you have a good, sound mind and body, they can be a very spiritual and uplifting experience.”

And he's convinced that 12 of his Buncombe County peers will be sympathetic to his cause.

“I feel if it goes to the jury I'll have a good chance, because I'll have 12 of my peers judging me,” said Ingram, obviously a “glass half full” guy when it comes to optimism. “Unfortunately, they'll kind of have to go against the law to find me innocent. But I want to say there's a higher law.”

Sure, Ingram may be happily delusional, but you've got to admit he might just be the most optimistic 'shroomer in America.

By John Boyle
April 27, 2009
Citizen-Times
http://www.citizen-times.com/apps/pb...=2009904270307

[nick23]

Hell,it's better than the twinkie defence.

[Nature Boy]

Originally Posted by nick23

Hell,it's better than the twinkie defence.

Not in my opinion.

Although it's nice that people continue to search for legal loopholes in order to use relatively harmless natural substances, playing the God card seems to be missing the point on the grander scale of things. We don't need to come up with excuses like medical marijuana or religious ethnobotanical use. Fact is, these substances should be legal for whatever reason people use them. I don't value one person's spiritual beliefs over another person's recreation. This is why we have separation of church and state.

Indeed, marijuana does have medical benefits and many religions do use ethnobotanicals in their ceremonies but we can't have certain sets of laws for one pocket of society and another set entirely for the majority. That's why we need to push for universal legalisation rather than specific allowances.

Reputation Comments on this post:

You totally nailed the discrimination issue

[Alfa]

I do think Ingram has a solid point. Though I doubt his appearance and the context will do much good.

In a court where one has to swear upon the bible, God and religion can hardly be considered irrelevant. Personal religious practice has firm foundations in National and International law. Ingram is solely defending his personal use of drugs that are less harmful than alcohol and cigarettes. He's not a dealer.

The religious effects of magic mushrooms have scientific / clinically been proven by the John Hopkins University. I would certainly think that if Ingram would take effort to come across as someone that cant be disregarded as a loony or a druggie, then he may have an excellent case that affect many lives.

Ingram should get into contact with the Drug Policy Alliance Network and Norml so their lawyers can assist him with his case.

[FistyCuffs]

Consuming mushrooms whilst driving, and getting baked before meeting with district attourney... I think he blew it there. He might be in with a chance if he wasn't so silly.

But he's certainly got a point. I agree wholeheartedly about weed and shrooms coming 'from god'.

[Nature Boy]

Originally Posted by FistyCuffs

But he's certainly got a point. I agree wholeheartedly about weed and shrooms coming 'from god'.

But not 5-MeO-DMT? Afterall, it's just a couple of twists and tweaks in a laboratory, right? One can argue against the notion that marijuana is some kind of natural substance that anyone should have the right to smoke. Very rarely, if at all, would marijuana grow in the wild the way it's grown under lights using fertilizers and special soils. That's where this argument can be stomped out.

[wednesday]

i can't for the life of me understand why somebody would get high before any kind of court type appearance, it really seems like he is asking for trouble there

[Scrubbs]

Swim knows many people including himself who would love to tell the courts that mushrooms are a religion because it is true. We need more people to stand up for that when getting arrested for possession of psilocybin or other entheogens. Certainly everybody can argue for the legalization of all plants, I mean it is insane to make nature illegal. These plants were probably here way before our stupid civilization!

[SullyGuy]

Originally Posted by The Bible

And God blessed them, and God said unto them, Be fruitful, and
multiply, and replenish the earth, and subdue it: and have
dominion over the fish of the sea, and over the fowl of the
air, and over every living thing that moveth upon the earth. And God said, Behold, I have given you every herb bearing
seed, which is upon the face of all the earth, and every tree,
in the which is the fruit of a tree yielding seed; to you it
shall be for meat. And to every beast of the earth, and to every fowl of the air,
and to every thing that creepeth upon the earth, wherein there
is life, I have given every green herb for meat: and it was
so.

Seed bearing herbs eh?
And perhaps with a stretch, you could say mushrooms 'move' (upwards that is...)

[Hollow Hippie]

Poison hemlock, cyanide, and botulim toxin, are they gifts from God too?

[rizla1]

Originally Posted by Hollow Hippie

Poison hemlock, cyanide, and botulim toxin, are they gifts from God too?

why yes , the most wonderfull gift of all.

i dont no about gifts from god but phycidelics do very little or any harm and should be legal , with a few exceptions that should be regulated.

[Valseedian]

Originally Posted by Hollow Hippie

Poison hemlock, cyanide, and botulim toxin, are they gifts from God too?

they can be gifts to manic depressives, suicidal people and murderers... all of which are acceptable crimes with extenuating circumstances.

hitler killed himself with cyanide.. (theoretically)... if that's not a gift, I'm not sure what is.

there is nothing that exists in nature with no positive use... nothing.

[Hollow Hippie]

Originally Posted by Valseedian

they can be gifts to manic depressives, suicidal people and murderers... all of which are acceptable crimes with extenuating circumstances.

hitler killed himself with cyanide.. (theoretically)... if that's not a gift, I'm not sure what is.

there is nothing that exists in nature with no positive use... nothing.

He just as easily killed him self with synthetic toxins, I do not see many people supporting synthetic chemicals now a days as if they were some evil devil spawn of something that is totally benign (which nature is not I am sure of it)

[Scrubbs]

I knew someone would bring up toxic plants because that's what my dad used to say all the time. Ok a "gift from god" is a gift sir is something good ok? So god gave us shrooms and marijuana and a bunch of other plants as gifts to enhance or perceptions. The other poison plants maybe are not "gifts" for humans to use since they are deadly.

[Jasim]

I would like to see a follow up to this. I'm assuming the trial is still pending, but I would like to see how it turns out.

And poisonous plants are just as useful as tools in research.