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H. B. No. 627As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Core, Calvert, Carmichael, Allen, Schaffer, Setzer, Latta, McGregor, DeBose
A BILL
To enact sections 2925.031, 2925.042, 2925.071, and
2925.111 of the Revised Code to prohibit the
possession, sale, transportation, and cultivation
of spores or mycelium capable of producing
mushrooms that contain psilocin or psilocybin.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.031, 2925.042, 2925.071, and
2925.111 of the Revised Code be enacted to read as follows:
Sec. 2925.031. (A) No person shall knowingly sell or offer to
sell spores or mycelium capable of producing mushrooms that
contain psilocybin or psilocin.
(B) It is an affirmative defense to a charge under this
section that the sale of or the offer to sell spores or mycelium
capable of producing mushrooms
that contain psilocybin or psilocin
is for bona fide research,
instruction, or analysis if the sale of
the spores or mycelium is
not a violation of federal law.
(C) Whoever violates this section is guilty of trafficking
in spores, a felony of the fourth degree.
Sec. 2925.042. (A) No person, with intent to violate section
2925.031 or 2925.071 of the Revised Code, shall knowingly
cultivate any spores or mycelium capable of producing mushrooms
that contain psilocybin or psilocin.
(B) It is an affirmative defense to a charge under this
section that the cultivation of spores or mycelium capable of
producing mushrooms that contain
psilocybin or psilocin is for
bona fide research, instruction, or
analysis if the cultivation of
the spores or mycelium is not a
violation of federal law. (C) Whoever violates this section is guilty of illegal
cultivation of spores, a felony of the second degree.
Sec. 2925.071. (A) No person shall knowingly prepare for
shipment, ship, transport, deliver, prepare for distribution, or
distribute spores or mycelium capable of producing mushrooms that
contain psilocybin or psilocin when the person intends to sell or
resell the spores or mycelium or when the person knows or has
reasonable cause to believe that another person intends to sell or
resell the spores or mycelium. (B) Whoever violates this section is guilty of preparation of
spores for sale, a felony of the fourth degree.
Sec. 2925.111. (A) No person shall knowingly obtain, possess,
or use spores or mycelium capable of producing mushrooms that
contain psilocybin or psilocin. (B) It is an affirmative defense to a charge under this
section that the obtaining, possessing, or using of spores or
mycelium capable of producing
mushrooms that contain psilocybin or
psilocin is for bona fide
research, instruction, or analysis if
the possession or use is not
a violation of federal law. (C) Whoever violates this section is guilty of possession of
spores, a felony of the fifth degree.
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