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Seems that the government is doing something right, after all.
Seems that the government is doing something right, after all.
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Perhaps for the first two years of existence of this blog I bring good news. Ministry of Justice established an expert group tasked to decide what is the magic word " unlawfully "in § 285 of the Criminal Code, which prohibits the unauthorized cultivation of more than a small number of plants and fungi containing narcotic and psychotropic substances .
And came to the startling conclusion - ONU determined ineligible by Act No. 167/1998 Coll. on addictive substances. This, however, covers only growing poppy, cannabis and coca ! Report of the Expert Group (long read) says:
Other plants are not subject to this or any other law, and their cultivation can not therefore be described as unjustified (no law does not regulate the conditions of cultivation).
This means that the government two years ago exceeded its jurisdiction when prohibited meskalinových growing cacti and plants containing DMT and 5-MeO-DMT. The group therefore recommended plants removed from the list and navzrody expected to accrue to him or newly salvia divinorum.
Up to enter a new form of regulation ( approved by the November 28, 2011) in force, in addition to cannabis, coca, poppy seeds and magic mushrooms can be grown without restrictions in any quantity whatever.
It should be noted that the legalization of the cultivation of these plants does not mean that it would be legal of them also "produce drugs." Such behavior is still punishable under § 286 of the Criminal Code. Given that the government following the recent ban has already decided that 2 g of dried leaves of Salvia Divinorum will be considered more than a small amount of salvinorin A (if it contains more than 2 mg), seems to have "dry" listed plants could be considered a criminal offense. But the intention to cultivate sage and cactus for consumption in fresh condition to prove much worse than the actual cultivation.
Extremely suspect is still one thing - the law on the subject of addictive substances are not in addition to the above-mentioned plants and no mushrooms. It is therefore not clear why the group did not recommend repeal the ban on cultivation of magic mushrooms. Growing these mushrooms for decoration and enjoyment of their growth, although it may appear as a special hobby, but as with cacti is no law that says that such conduct was unlawful . Yes, there is little difficulty with the life cycle and dozrálými fruiting bodies, but I think a good lawyer would be able to defend such a grower. So, anyone going into it? :-)
Despite these reservations, the new form of government regulation step in the right direction. I cheered, but more if it was not just to correct the mistake two years old.
And for those interested in further reference to the article in iDnes , which is in line with the expectations of all reduced to just Cacti (which is perhaps well, at least no one else think it re-ban).
