There's an an interesting case involving a gentlemen from Iowa who was sentenced to prison for 20yrs for possession of shrooms. This case brings up some interesting information regarding Shrooms in their natural state not being scheduled. Also it brings up some good information regarding the religious freedom restoration act and this individual's memberships in the Sacred Mushroom Church and The Fane of the Psilocybe Mushroom (a Canadian recognized and chartered religious organization).
The rule of lenity should be used to construe an ambiguous statute of this type in favor of Petitioner. Since "material," as interpreted by the Iowa Supreme Court, does lead to such absurd results, it raises a "reasonable doubt" about legislative intent. Moskal v. United States, supra at 108. The term "material" given the dictionary meaning of "consisting of matter," State v. Patterson, 679 P.2d 416 (Wash.App. 1984) (citing Webster's Third New Int'l Dictionary 1392 (1975)), would prohibit any and all of the plants and organisms which endogenously contain a listed substance, and such a broad scope could not have been the legislative intent.
Further evidence that such was not the legislator's intent can be discerned by a review of the statute and the substances they did list. Applying this Court's analysis in Chapman, supra at 454, ("Congress knew how to indicate that the weight of the pure drug was to be used to determine the sentence" "and did not make that distinction with respect to LSD."); the legislative intent can be discerned in respect to mushrooms, where they "knew how to indicate that" a plant was prohibited "and did not make that distinction with respect to any mushroom.
The legislature specified the plants it wanted to outlaw as well as their chemical: Peyote & mescaline; coca leaves & cocaine; Papaver somniferum L. (opium poppy) & opium and codeine; Tabernanthe iboga & ibogaine are all examples. More telling of the legislative intent is marijuana, and THC, which are not only both listed, but in Iowa, and most states, the natural plant has a much less severe penalty than the extracted, (or synthesized) THC chemical it endogenously contains.
The meaning of this double listing of certain plants, as well as their separated chemical speaks volumes as to legislative intent. When the legislature wanted to outlaw a plant, they did so specifically. Had they intended "material" to be so broad as to encompass "anything" there would have been no reason to list any plant at all.
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As in Chapman, supra at 459, a reading of the statute confirms that "material" was not meant to be so broad as to encompass an unlisted plant. The legislature has specifically enumerated certain chemicals, and where they desired, certain plants, as "controlled." It is unreasonable to assume any other plant, any other chemical, or any other life-form is a "controlled substance" if not specifically listed as such. No person of common and ordinary intelligence, in examining the statute, would come to the conclusion that silver maples, morning glories, or mushrooms were intended to be outlawed, even with the "knowledge" of their endogenously containing a listed controlled substance gained from this Petition.
A simple test will confirm this. Going to the statute with the "knowledge" contained herein, does the statute prohibit morning glories (Lysergic acid); San Pedro cacti (mescaline); sensitive plants (DMT); or mushrooms (psilocybin)? Since none of these plants are listed we must look further to discern what the statute prohibits. The Code of Iowa § 124.101(16), "manufacture" defined, says in part, "extraction from substances of natural origin" (of a scheduled substance) is prohibited. But the language, "from substances of natural origin," indicates that the legislature intended to differentiate, and not outlaw, the "substances of natural origin" unless they specifically listed them. The conclusion, of the person of common and ordinary intelligence, would be that it is legal to grow, possess, or sell morning glories, San Pedro cacti, sensitive plant - and there is no reason to conclude otherwise as to mushrooms. Processing any of the above to "extract" the substances scheduled is what the statute clearly prohibits. There would have been no reason for the phrase "extraction from substance of natural origin" if the legislature had not intended to differentiate between "legal plants of natural origin" and the scheduled substances obtainable by "extraction."
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With law enforcement armed with an interpretation of "material" broad enough to include mushrooms, which, by implication includes all of the above plants and organisms, where does this leave the concept of specific guidelines for enforcement? If morphine occurs in hay and lettuce, in every one of our bodies, even in all the milk sold ... on what basis can a cultivator of mushrooms be punished, without also punishing cultivators of lettuce and hay, tobacco growers, flower growers, and the corner Mom and Pop grocery for illicit trafficking in controlled substance?
As this Court said 25 years ago in Graynard v. City of Rockford, 408 U.S. 104, 108-109 (1972):
A vague law impermissibly delegates basic policy matters to policemen, judges and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.
http://www.druglibrary.org/olsen/dpf/atley-01.html