REPRESENTATIVES Core, Calvert, Carmichael, Allen, Schaffer, Setzer, Latta, McGregor, DeBose

To enact sections 2925.031, 2925.042, 2925.071, and

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2925.111 of the Revised Code to prohibit the

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possession, sale, transportation, and cultivation

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of spores or mycelium capable of producing

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mushrooms that contain psilocin or psilocybin.

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

Section 1. That sections 2925.031, 2925.042, 2925.071, and	6
2925.111 of the Revised Code be enacted to read as follows:	7

Sec. 2925.031. (A) No person shall knowingly sell or offer to	8
sell spores or mycelium capable of producing mushrooms that	9
contain psilocybin or psilocin.	10

(B) It is an affirmative defense to a charge under this	11
section that the sale of or the offer to sell spores or mycelium	12
capable of producing mushrooms that contain psilocybin or psilocin	13
is for bona fide research, instruction, or analysis if the sale of	14
the spores or mycelium is not a violation of federal law.	15

(C) Whoever violates this section is guilty of trafficking	16
in spores, a felony of the fourth degree.	17

Sec. 2925.042. (A) No person, with intent to violate section	18
2925.031 or 2925.071 of the Revised Code, shall knowingly	19
cultivate any spores or mycelium capable of producing mushrooms	20
that contain psilocybin or psilocin.	21

(B) It is an affirmative defense to a charge under this	22
section that the cultivation of spores or mycelium capable of	23
producing mushrooms that contain psilocybin or psilocin is for	24
bona fide research, instruction, or analysis if the cultivation of	25
the spores or mycelium is not a violation of federal law.	26

(C) Whoever violates this section is guilty of illegal	27
cultivation of spores, a felony of the second degree.	28

Sec. 2925.071. (A) No person shall knowingly prepare for	29
shipment, ship, transport, deliver, prepare for distribution, or	30
distribute spores or mycelium capable of producing mushrooms that	31
contain psilocybin or psilocin when the person intends to sell or	32
resell the spores or mycelium or when the person knows or has	33
reasonable cause to believe that another person intends to sell or	34
resell the spores or mycelium.	35

(B) Whoever violates this section is guilty of preparation of	36
spores for sale, a felony of the fourth degree.	37

Sec. 2925.111. (A) No person shall knowingly obtain, possess,	38
or use spores or mycelium capable of producing mushrooms that	39
contain psilocybin or psilocin.	40

(B) It is an affirmative defense to a charge under this	41
section that the obtaining, possessing, or using of spores or	42
mycelium capable of producing mushrooms that contain psilocybin or	43
psilocin is for bona fide research, instruction, or analysis if	44
the possession or use is not a violation of federal law.	45

(C) Whoever violates this section is guilty of possession of	46
spores, a felony of the fifth degree.	47