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To enact sections 2925.031, 2925.042, 2925.071, and | 1 |
2925.111 of the Revised Code to prohibit the | 2 |
possession, sale, transportation, and cultivation | 3 |
of spores or mycelium capable of producing | 4 |
mushrooms that contain psilocin or psilocybin. | 5 |
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 |