Yes, confused? Why did this happened? What is the reasoning behind this nonsense? Are these people sane? Well, try to figure that out in this FAQ.

The Dutch Supreme Court made a pronoucement on 18 November 1997 regarding the case, could you explain this?

The pronoucement was: the case is to be directed to the district court in Den Bosch to be rehandled and decided upon.

What did the Dutch Supreme Court say about the mushrooms

The pronoucement about the mushrooms was very vague and unclear. Thus, this was quite disapointing on the part of the Dutch Supreme Court. The expectation was that there would be a clear statement regarding the mushrooms. Instead, the Dutch Supreme Court just sent the case back to Den Bosch

Then, what was roughly the pronoucement of the Dutch Supreme Court?

This is very difficult to figure out. In the pronoucement, under section 4.6, the Dutch Supreme Court made a statement regarding the mushrooms. It referred to the "Commentary on the Convention On Psychotropic Substances (Vienna, 21 February 1971) that stated, mushrooms are not regarded as a banned substance as long as the mushrooms have not gone through any type of preparation.

Preparation, what is that?

That's the chicken and egg question. It seems that judges have their own version what a "preparation" is to what this is in the Natural Sciences. What a preparation is, defined by the Opium Act, can be read here. If you can make any sense of this, good luck.

What is your view on this?

The term "preparation" is badly defined. It simply makes everyone more confused and this is nonsense. Basic Human Rights demand that the government has clear laws for all to understand, not vague nonsense which the "judicial" authorities can interpret at their own leisure.

A fresh mushroom is also a result of a preparation, be that man made or in the wild. The view that must be taken is whether or not the mushroom is illegal since it contains psilocin and psilocybin, both banned substances under the Opium Act. The decision regarding if a plant or mushroom must be banned if it contains a banned substance was already taken by the Dutch Supreme Court in 1994 regarding Qat. the Dutch Supreme Court stated clearly that Qat is not itself banned since the plant itself is not included in the Opium Act.

Thus, my view is that since mushrooms are not included in the Opium Act, they must be regarded like apples or watermelons. What would be a violation of the Opium Act would be to extract the psilocin and/or the psilocybin and put that/them into a jar of honey, the same would apply if one put LSD into a jar of honey, or MDMA into a jar of honey, etc.

The nonsense of this is the term "preparation." What is a preparation. Leaving your mushrooms in your room, where they dry naturally, is that a preparation? Chooping up a fresh mushroom to make some tea, is that a preparation? Is the dried San Pedro cactus a preparation? Is making ayuasaca or huasco now banned since that could regarded as a preparation?

Isn't that the point of this court case, the make things more clear

Yes, that's precisely the point -- to make things more clear. It is a campaign for basic human rights, to demand that the government and the "judicial" authorities make clear laws regarding this that the vagueness be stopped and the attempts to cause paranoia are stopped.

However, there is a price to be paid for standing up and challenging these vague and unclear laws. Due to the Judicial Financial Investigation all of my bank accounts have been frozen and all of my research seized. I am treated guilty eventhough the laws regarding this are very vauge and unclear. Thus, unclear and vague equals guilty.

How long should it take for the District Court in Den Bosch to make a decision?

Again, this is yet another problem challenging vague and unclear laws -- the "judicial" authorities run on their own time, meaning very, very, very slow. This could take 8 to 10 months, if lucky.

And the right of appeal?

Oh, that exists. However, again that will take years, if not decades. Basic Human Rights demand that court cases do not waste time, this is not the case in the Netherlands.

And what is the position regarding the shops?

The shop owners are also in a state of confusion. There has been a recommendation to stop selling dried mushrooms. More than likely, the shops will sell dried mushrooms under the counter and simply buy their supply of dried mushrooms under the table, thus, a loss of tax revenue. If there will be a new "Witch Hunt" against the shops is to be seen.

And what could be the effects on Public Health?

If mushrooms are sold, it is in the interest of public health to sell properly dried mushrooms. This is because fresh mushrooms can start to decompose if not sold quickly enough (this is very much the case with panaeolus cyanescens) and the fungi which decompose fresh mushrooms could cause some people to get ill.

Which is more potent, dry or fresh mushrooms?

Usually fresh mushrooms are more potent since dried mushrooms are often dried incorrectly which results in the destruction of some alkaloids.

Why is there a court case against me?

I am charged with three violation of the Opium Act: 1) Fresh Mushrooms, 2) Dried Mushrooms and 3) Mushroom Honey.

Oh, Mushrooms are illegal in the Netherlands

No, mushrooms are not illegal in the Netherlands. The reasoning behind this comes from the Qat case in 1994. The Duch Supreme Court ruled that the plant Qat is not a violation of the Opium Act since the plant itself has never been placed on the list, eventhough the plant itself contains a substance which is in the Opium Act. The ruling was that for order Qat to be "illegal" the whole plant must be placed into the Opium Act. Thus, the same applies for mushrooms. Mushrooms are not in the Opium Act, however, the two active substances in the mushrooms, psilocybin and psilocin are included in the Opium Act.

What is the Opium Act?

The Opium Act of 1929 is the law which all substances and plants are registered which required a permit from the government if one wishes to possess, buy or sell. Without such a permit, possession, buying or selling is "illegal."

Oh, this is a sort of a test case?

Yes.

Is this the first mushroom test case in the Netherlands?

No, this is the second. In the first mushroom test case, handled by Mr. van Vloten in Maastrict, the defendent was found guilty but there was neither a sentance nor any type of punishment. An appeal was possible but the defendant decided that he had had enough. The police raided his house for growing psy. cubensis. However, in this first test case, no bank accounts were frozen.

Why were your bank accounts frozen?

In the case that I am found guilty and in the case that there is a fine, then the public prosecutor wants some type of assurance that the fine can be paid. And this is done in a country which likes to lecture other countries about human rights.

Thus, now there are no mushrooms to be bought in the Netherlands?

No, the selling and production of mushrooms never stopped. Others simply took over. The first day after the raid others were offering their mushrooms. There are now about 120 shops in the Netherlands which sell mushrooms, amongst many other things. The shops sell: psy. cubensis, panaeolus cyanescens, psy. semilanceata and the sclerotia of psy. tampenesis. And of course, the shops don't only sell mushrooms, but many "smart" products as well.

What is the government's opinion of this?

In February 1997 the Dutch Cabinet declared that it had no intension of putting any type of mushroom into the Opium Act. The Ministry of Health and Welfare said it would publish a report about mushrooms someday.

What has been the effect of the case on the defendants?

Not very pleasant. The mushroom grower had his business destroyed by the "judicial" authorities. Others simply took over his business. The bills of the mushroom farm must be paid for and that has proven to be very difficult. From his former client, he has received almost no support, eventhough the former client has continued with the selling of mushrooms with other people.

Oh, since mushrooms are not illegal, why doesn't the grower start growing again?

Two reasons: 1) due to the massive oversupply of mushrooms on the market, the price has fallen to levels which make it very difficult to make any type of profit anymore. The retail price of mushrooms has stayed the same. 2) Nobody want to do business with somebody who has "judicial" problems since they are afraid that they will also be harassed.

What was your role (the writer of this) in this Stupid Court Case?

My role was simple: I instructed a few people how to make the mycelium for mushrooms. Nothing more. I remained as a type of consultant. Mushrooms are sort of a hobby of mine, and I still enjoy working with all types of mushrooms. I had a business with 2c-b which was going very well.

2c-b? What's that?

2c-b is an hallocinogenic somewhat like mushrooms. I introduced 2c-b in February of 1996. Soon afterwards it became a big success. That was my business.

And, what happened to your 2c-b business?

With the freezing of my bank accounts I could not pay for the next order. The supplier refused to give me a hand in getting myself back on my feet, in fact he even raised the prices for me, and only for me. And the supplier refused to refund me for 10,000 2c-b which never arrived. I had received promises and assurances that in this event I would receive a full refund, this has never happened. And this is how I was treated after a very successful 1996. Of course, the shop "Mindscapes" in Eindhoven (which is also included in the case) was given their 2c-b back. I never received my 2c-b, eventhough it was not illegal at the time.

And then with the 2c-b?

Someone else took over my 2c-b business with 2c-b made in Holland. It was quite a success until it was banned in July 1997. However, it is still sold legally in Belguim.

And what other problems have you had?

In the first six months, January to July 1997, they wouldn't give me my passport back. And I was denied any type of social benefit since I had too much money in my frozen bank account. Thus, much of the time I had no food and others sometime gave me a hand. Due to a mistake from the bank, I was able to survive a little longer. If the bank had not made this mistake, what knows what would have happened. I received my passport back in late June and then I found a job very quickly. However, I almost lost my flat because the rent had not been paid. Thus, I was almost made homeless. Due to some luck I was able to come up with the money. And again, this is in a country which likes to lecture other countries about human rights.

Do you have any regrets?

Not the slightest. Mushrooms are now just as established in the Netherlands as hemp (or weed) is. That was the goal. And I am very happy about that. Mushrooms have proven not to be dangerous, in fact in 1996 there were only five ambulance requests for people who had taken mushrooms. Out of the four requests, only one went to hospital and that person stayed only a few hours until he went home. Compare that with alcohol or the latent effects of tobacco.

And how have you been treated by others?

Some people have been very kind to me since I halped them a lot when I was able to. However, some have not been at all kind. I was thrown out of a mailing list after I was released from prison in January 1997. Despite massive protests from the people in the group, the moderator of the group demanded that I must be thrown out. This is an example how I have been treated by paranoid people. And this same moderator campaigns for "drug peace and liberalisation."

And what will you do in the future?

Firstly, survive. And that means getting a job and starting from zero. And waiting for the courts to do at least something, however long that may take, providing they do anything at all. And of course, I hope to introduce or to help introduce other new things. That's the most fun part.