Article One of the Dutch Opium Act

This is Article One of the Dutch Opium Act. Good luck if you can make any sense of this.

(dit kan ook in het Nederlands gelezen worden. hier kliken)

Article One

under substance: matter from human, animal, plant or chemical orgin, herewith understood animals, plants, parts of animals or plants, as well as micro-organisms;
under preparation: solid or liquid mixture of substances;
under material: substance or preparation.

Article Two and Three of the Opium Act banned all materials in List I and II (psilocin and psilocybin are in list 1-C) of the Opium Act. Also are banned are preparations which contains one or more of the substances.

Thus, it is possible to make sense out of this? Again, we have to go back to the chicken and egg question, what is a preparation?

Is a plant or mushroom not included in the Opium Act banned since it is dried? Is a plant or mushroom not included in the Opium Act banned if it is cut up?

What's a preparation? Making a cupt of coffee or tea, that's a preparation. Are tea leaves or coffee beans banned. No. Are any type of mushrooms banned. No. If the "fresh" (and what is that, what is "dried", meaning if something contains 92 percent moisture looses three percent of its moisture, is that dried?) product is not a violation of the Opium Act, how can it be banned and how banned exactly?

Extracting the psilocin or the psilocybin from the mushroom is not illegal, however, being in possesion or engaging in commerce thereof without the revelant permission, is a violation of the Opium Act. Thus, putting these banned substances into a jar of honey (or jam, or whatever) is a clear violation of the Opium Act, as would be putting MDMA, 2-cb, LSD , a coca leaf or any part of the hemp plant (except the seed) into a jar of honey. That is clear.

There has been only one other case regarding dried mushrooms. This was in April 1976 at Reading Crown Court, highlighted by Judge P.M. Blomefield. This can be read here.