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The use of psychoactive substances of fungal origin for recreational purposes has become an increasing problem in many countries all over the world. These fungis known as magic mushrooms can be grown wildly however their cultural products has been marketing more often. If their wild products are mistakenly collected and eaten by someone, there is not any infringement of law. Whereas marketing of their cultural products at any form such as fresh, dried, powered or capsulated causes legal responsibility. Because, psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances as well as they are listed as psycho-active substances according to the 19 th. paragraph of the act numbered 2313 in Turkey. Recently, instead of ready to use mushrooms, mushroom spores, mushroom growing kits, and spawn bags have been marketed by internet to grow own mushroom at home. At this study, two cases who ordered mushroom growing kit from internet are presented. These growing kits which contain soil, mushroom seeds, fertilizer, and grains are seizured by customers. Even though these materials are assumed as mushroom plantation as is seizured, there isn’t any prohibition of these action in Turkish laws and regulations. Illegal plantation of cannabis and opium poppy are merely regulated as a criminal offense in Turkish Law. Therefore, there is a real need to close regulation gaps. It is underlined at the expert witness report that the seizured material has became a psilocin containing magic mushroom in approximately 10 days at the convinient condition. However, it does’nt contain psilocin as is seizured condition. Therefore, the procurement of this material by perpetrator should be evaluated as a preparatory activity of narcotic substance production crime, instead of execution activity.The procurement of this material per se could not be accepted as an attempt to produce narcotic substance, because it is unpredictable whether it grows to psilocin containing magic mushroom. On the contrary, it is accepted that the stage is an attempt to produce narcotic substance when the plant is proliferated in convenient condition. |
