MUGSHOT: Teen accused of picking 'magic mushrooms' from cow pasture


 Name: CASTAGNO, JUSTIN THOMAS
 Charge: HALLUCINOGEN-POSS WIT SELL MFG DEL SCHEDULE II, HALLUCINOGEN-POSS CONTROLLED SUBSTANCE, TRESPASS ON PROPERTY OTHER THAN STRUCT
 Residence: NAPLES
 Age: 18
 Occupation: N/A


  • Name: CASTAGNO, JUSTIN THOMAS
  • Charge: HALLUCINOGEN-POSS WIT SELL MFG DEL SCHEDULE II, HALLUCINOGEN-POSS CONTROLLED SUBSTANCE, TRESPASS ON PROPERTY OTHER THAN STRUCT
  • Residence: NAPLES
  • Age: 18
  • Occupation: N/A

A teen is accused of picking psilocybin mushrooms, also known as "magic mushrooms," in a cow pasture.

Justin Castagno, 18, of the 300 block of 1 Street Northwest, Golden Gate Estates, was arrested by Collier deputies on Saturday at the east end of 16 Avenue Southwest in the cattle pasture. He is charged with possession of a controlled substance, possession of a controlled substance with intent to sell, and trespassing.

The owner of the land requested additional patrol of the property because of trespassing issues.

On Saturday, a Collier deputy witnessed Castagno on the property picking up what he believed to be magic mushrooms” and placing them in a plastic bag.

The deputy notified the landowner, who chased Castagno into the deputy. Castagno was then placed under arrest.

According to the arrest report, Castagno was in possession of 217.08 grams of psilocybin mushrooms.

© 2011 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 28

naplessell writes:

"Dumb Kid" could have bought the "Magic Mushrooms" in the organic aisle at Whole Foods.

Davidh239 writes:

in response to laertes:

(This comment was removed by the site staff.)

Yea, he is a low ear, compounded by his ear decorations.

MrMushroom writes:

They should arrest the land owner because he had the mushrooms on his land!! He is a mushroom kingpin and the police protect his crop.

Solitary1 writes:

I like how Big Government racks up the charges on BS. (no pun intended)
He's in a cow pasture picking mushrooms and they charge with 'intent to sell'. Exactly who was he selling too while in the cow pasture?
Possession of a Controlled substance. This one is good. He goes out into a cow pasture and picks 'controlled substance' mushrooms and they arrest him.
What about the land owner? Does he not possess that which is upon his lands? Are the mushrooms a 'controlled substance' that are upon his lands? Why not arrest the owner and charge him with possession of a controlled substance and with intent to sell?

Fighting a losing battle but keeping Collier County safe from big time drug dealers. Not!

MrMushroom writes:

The only law the kid broke is trespassing. The mushrooms must be dried for them to be illegal. Big FAIL by the police. Here is the law:

Florida: The most important Florida case on psilocybin mushrooms was a case from 1978 called Fiske V Florida. The Supreme Court of Florida found that Psilocybin mushrooms could not reasonably be considered "containers" of the schedule I substance psilocybin. The court essentially held that if the Florida legislature wished to make wild psilcybin mushrooms illegal, it would have to name them in the law and Florida. The court ruled: "the statute does not advise a person of oridinary and common intelligence that this substance is contained in a particular variety of mushroom. The statute, therefore, may not be applied constitutionally to [the defendent Fiske who was caught with freshly picked psilocybes]." The Florida Supreme Court does not address in Fiske V Florida whether Fiske would have been breaking the law if the prosecution had proven Fiske knew the mushrooms contained psilocybin and subsequent cases in other states have found that the knowledge component is the deciding factor (Iowa, Kansas, etc).

ocelot_snake writes:

From what Ive always heard he sells the mushrooms and calls the cops whenever someone just tries to steal them.

wes writes:

There has to be some sort of decorum as to what you do with people's arrest pictures.
Like that burly headed kid below. He was arrested last year and nothing to do with this and they print it everytime an arrest regarding mushrooms comes up. Like he's the local shroom king- pin. Not fair to his reputation. Was that kid even convicted? We would never know but he may as well have over and over again.

tried_n_true writes:

response to laertes:

(This comment was removed by the site staff.)

chickenchit is on a roll, that's the third boot this month... we should give him a 21 GITMO salute.
nawww, he's just worth an AMF.

tried_n_true writes:

@wes- Zach rules!

TRIPWIRE writes:

will someone please post the GPS numbers on that mushroom field ! And yes... I saw the ear placement !

cabagepalm writes:

The rainy season is here again. And along with it comes silly cybin season.

northnaples61 writes:

in response to wes:

There has to be some sort of decorum as to what you do with people's arrest pictures.
Like that burly headed kid below. He was arrested last year and nothing to do with this and they print it everytime an arrest regarding mushrooms comes up. Like he's the local shroom king- pin. Not fair to his reputation. Was that kid even convicted? We would never know but he may as well have over and over again.

I agree pathetic on part of NDN!

jagv05652 writes:

in response to wes:

There has to be some sort of decorum as to what you do with people's arrest pictures.
Like that burly headed kid below. He was arrested last year and nothing to do with this and they print it everytime an arrest regarding mushrooms comes up. Like he's the local shroom king- pin. Not fair to his reputation. Was that kid even convicted? We would never know but he may as well have over and over again.

Yea!what that leprechaun has to do with mushrooms?

EnoughCorporateGreed (Inactive) writes:

I am also curious how this would fall into a "controlled substance" category. If it natuarlly grows in a cow pasture, how is that controlled?

If this fungi sprung up in my yard where my dog sheots am I at risk of getting arrested if I pick it?

titanbite writes:

in response to MrMushroom:

The only law the kid broke is trespassing. The mushrooms must be dried for them to be illegal. Big FAIL by the police. Here is the law:

Florida: The most important Florida case on psilocybin mushrooms was a case from 1978 called Fiske V Florida. The Supreme Court of Florida found that Psilocybin mushrooms could not reasonably be considered "containers" of the schedule I substance psilocybin. The court essentially held that if the Florida legislature wished to make wild psilcybin mushrooms illegal, it would have to name them in the law and Florida. The court ruled: "the statute does not advise a person of oridinary and common intelligence that this substance is contained in a particular variety of mushroom. The statute, therefore, may not be applied constitutionally to [the defendent Fiske who was caught with freshly picked psilocybes]." The Florida Supreme Court does not address in Fiske V Florida whether Fiske would have been breaking the law if the prosecution had proven Fiske knew the mushrooms contained psilocybin and subsequent cases in other states have found that the knowledge component is the deciding factor (Iowa, Kansas, etc).

I can't understand why the kids don't leave the sprouted mushrooms and simply scoop the poop and bring it to their own yards,the mushrooms will continue to grow,as long as the conditions remain ripe.

Reading about our local constabulary having to hold onto the confiscated cow patties in their evidence locker until trial would be chuckle worthy!

Ruger writes:

in response to MrMushroom:

The only law the kid broke is trespassing. The mushrooms must be dried for them to be illegal. Big FAIL by the police. Here is the law:

Florida: The most important Florida case on psilocybin mushrooms was a case from 1978 called Fiske V Florida. The Supreme Court of Florida found that Psilocybin mushrooms could not reasonably be considered "containers" of the schedule I substance psilocybin. The court essentially held that if the Florida legislature wished to make wild psilcybin mushrooms illegal, it would have to name them in the law and Florida. The court ruled: "the statute does not advise a person of oridinary and common intelligence that this substance is contained in a particular variety of mushroom. The statute, therefore, may not be applied constitutionally to [the defendent Fiske who was caught with freshly picked psilocybes]." The Florida Supreme Court does not address in Fiske V Florida whether Fiske would have been breaking the law if the prosecution had proven Fiske knew the mushrooms contained psilocybin and subsequent cases in other states have found that the knowledge component is the deciding factor (Iowa, Kansas, etc).

Still illegal...

http://en.wikipedia.org/wiki/Legal_st...

The Florida Supreme Court in 1978 ruled that possession of wild psilocybin mushrooms is not illegal;[31] however, whether knowingly gathering wild psilocybin mushrooms for later use is illegal

freedomrings writes:

Wow a legal American can't pick mushrooms in a field but illegal criminals trespass in our country every day and we give them free everything and if u say something Obama will have Eric Holder sue you. Wow what a mess. Time for some real hope and change folks.

jt1120 writes:

Any chance that the CCSD could actually, oh, I don't know, fight real crime? Is this what our tax dollars pay for? Back where I grew up, we didn't call the cops when someone was trespassing, we just grabbed a shot gun. Problem solved.

DawnPharmer writes:

I subscribe to a number of podcasts which are related to both medicine and general science. The article you referenced was discussed in one of them before the journal article was published. Thanks for posting this link. The greatest risk to those who pick wild mushrooms is picking one that is poisonous. Making a mistake in identification can be deadly. The supportive controlled conditions during part this study included music (I believe it was classical) and medical monitoring in all cases.
It appears there may be some real promise to the use of psilocybin in treating some psychological conditions and relieving anxiety related to cancer.

felipe writes:

in response to Solitary1:

I like how Big Government racks up the charges on BS. (no pun intended)
He's in a cow pasture picking mushrooms and they charge with 'intent to sell'. Exactly who was he selling too while in the cow pasture?
Possession of a Controlled substance. This one is good. He goes out into a cow pasture and picks 'controlled substance' mushrooms and they arrest him.
What about the land owner? Does he not possess that which is upon his lands? Are the mushrooms a 'controlled substance' that are upon his lands? Why not arrest the owner and charge him with possession of a controlled substance and with intent to sell?

Fighting a losing battle but keeping Collier County safe from big time drug dealers. Not!

lol sounds like the police of today . lets charge him with anything we can make up and hope that some of it sticks !!!

elnuestros writes:

in response to freedomrings:

Wow a legal American can't pick mushrooms in a field but illegal criminals trespass in our country every day and we give them free everything and if u say something Obama will have Eric Holder sue you. Wow what a mess. Time for some real hope and change folks.

Put your tinfoil helmet back on, munchkin. You’re picking up static and it’s clouding your message.

And go answer your door, because Eric Holder is on your front porch with a black helicopter and a copy of Obama’s fake birth certificate, which he intends to wrap around you for shipment to Guantanamo.

Putz.

felipe writes:

in response to jt1120:

Any chance that the CCSD could actually, oh, I don't know, fight real crime? Is this what our tax dollars pay for? Back where I grew up, we didn't call the cops when someone was trespassing, we just grabbed a shot gun. Problem solved.

lol that brings back old memories back from my younger days in Ohio , my car broke down by some farmer's property , so i went to the house and was met with a shotgun !!! when i told him my problem and he seen that i was not there to do him any harm , he did help me, but i never forgot the meeting at the front door or that shotgun !!!

tacony19 writes:

in response to freedomrings:

Wow a legal American can't pick mushrooms in a field but illegal criminals trespass in our country every day and we give them free everything and if u say something Obama will have Eric Holder sue you. Wow what a mess. Time for some real hope and change folks.

You're right; border guards shoot a drug smuggler/illegal in the rear-end and George Bush had them prosecuted and sent to prison. He also did NOTHING to stem the flow of illegals which emboldened the Democrats/liberals. Meanwhile, since the late sixties till the present, the cop's are still chasing kid's out of cow pastures. A lot of Bull Sh_t if you ask me.

Ruger writes:

in response to tacony19:

You're right; border guards shoot a drug smuggler/illegal in the rear-end and George Bush had them prosecuted and sent to prison. He also did NOTHING to stem the flow of illegals which emboldened the Democrats/liberals. Meanwhile, since the late sixties till the present, the cop's are still chasing kid's out of cow pastures. A lot of Bull Sh_t if you ask me.

I believe that Agents Ignacio Ramos and Jose Alonso were the two in involved in the cover up.

GWB commuted the controversial sentences.

How do you feel about Obama's oversight of ICE?

http://www.iceunion.org/news/ice-agen...

Agents claim that under Director John Morton the agency always presents written policies for public consumption, but then makes “secret changes” to the policies which ICE refuses to put in writing. ICE knows the policy changes will create a political outcry, or could place the public or ICE officers at risk.

“Our officers are already under orders not to make arrests or even talk to foreign nationals in most cases unless another agency has already arrested them; you won’t find that written in any public ICE policy.”

Ruger writes:

in response to Patriot_1:

(This comment was removed by the site staff.)

Who is being sues? I don't know, maybe anyone who doesn't fit into his "My People" category or people who claim to be a Patriot and are not being completely honest??

http://www.politico.com/blogs/joshger...

Rep. John Culberson (R-Texas) accused the Justice Department of failing to cooperate with a Civil Rights Commission investigation into the handling of the 2008 incident in which Black Panthers in intimidating outfits and wielding a club stood outside a polling place in Philadelphia.

The Attorney General seemed to take personal offense at a comment Culberson read in which former Democratic activist Bartle Bull called the incident the most serious act of voter intimidation he had witnessed in his career.

"Think about that," Holder said. "When you compare what people endured in the South in the 60s to try to get the right to vote for African Americans, and to compare what people were subjected to there to what happened in Philadelphia—which was inappropriate, certainly that…to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people," said Holder, who is black

CTinFL writes:

in response to TRIPWIRE:

will someone please post the GPS numbers on that mushroom field ! And yes... I saw the ear placement !

26°11'44"N, 81°37'23"W

http://maps.google.com/maps?hl=en&...

LadyBlahBlah writes:

Maybe he needed some extra fixings for his salad? Seems like a fun-gi.

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