Magic mushrooms, aka psilocybin mushrooms, have gained popularity in recent years. Many cities have even gone so far as to decriminalize them. They are also gaining acceptance for their therapeutic potential in helping with depression and post-traumatic stress disorder. In Texas, however, possession of any amount of magic mushrooms is considered a felony with potentially serious consequences. Every year, many people in the Greater Houston area are charged with possession of magic mushrooms, typically for personal use amount. Fortunately, an experienced drug possession defense attorney can help keep a charge for possession of magic mushrooms off of your record.
What are magic mushrooms?
Magic mushrooms refer to several varieties of mushrooms that contain psilocybin (which metabolizes into psilocin upon ingestion). They have been used indigenously since ancient times and were first “discovered” by Westerners in the 1950s. In the last decade, they have had a resurgence in popularity and interest as a possible treatment for depression, alcoholism, post-traumatic stress disorder, and other psychiatric conditions. They are frequently cultivated in underground labs but also grow wild, sometimes in cow dung along the Gulf Coast. Possession of magic mushrooms is illegal in the United States.
What is the punishment range for possession of magic mushrooms?
Texas considers psilocybin-containing magic mushrooms, or synthetic psilocybin or psilocin, Penalty Group 2 Drugs under Texas Health and Safety Code 481.103(1). This group also includes other classic psychedelic compounds such as LSD, DMT, and mescaline.
Under Texas Health Code 481.116, possession of substances in Penalty Group 2 is subject to the following potential sentences, based on weight (including any adulterants or dilutants):
- Less than one gram: State jail felony punishable by up to 2 years in jail and a $10,000 fine.
- 1-4 grams: Third-degree felony punishable by 2-10 years and a fine of up to $10,000.
- 4-400 grams: Second-degree felony punishable by 2-20 years and a fine of up to $10,000.
- 400 grams or more: A potential prison sentence of 5-99 years and a fine of up to $50,000.
Because magic mushrooms (particularly fresh) can weigh more relative to other compounds (by dose) it does not take a large amount of magic mushrooms to be facing a potentially long prison sentence. For example, 4 grams of LSD could theoretically contain thousands of doses, whereas 4 grams of magic mushrooms might be enough for one dose.
What is the potential punishment for manufacturing and delivery?
The potential penalties for anyone accused of manufacturing or delivery of magic mushrooms can be substantially more severe. Both “manufacture” and “delivery” are terms that are defined by Texas law. Manufacturing includes the growing, cultivation, synthesis, and even packaging of magic mushrooms. Delivery is defined to include actual or “constructive” delivery (which could include leaving drugs in a “drop” spot). The delivery or manufacture of magic mushrooms is subject to the following punishments Under Texas Health and Safety Code 481.113:
- Less than one gram: State jail felony punishable by up to 2 years in jail and a $10,000 fine.
- 1-4 grams: Second-degree felony punishable by 2-20 years and a fine of up to $10,000.
- 4-400 grams: First-degree felony punishable by 5-99 years and a fine of up to $10,000.
- 400 grams or more: A potential prison sentence of 10-99 years and a fine of up to $100,000.
How can I get my possession of magic mushrooms case dismissed?
In any drug case, it is critical that your criminal defense attorney aggressively challenge every stage of your case. This starts with the interaction with the police that led to the discovery of magic mushrooms. Very often, the police conduct an illegal detention and/or search of a person in a drug case. The police must always have a valid reason to detain and search you. If you are placed under arrest after magic mushrooms are discovered, the police typically have to read you your Miranda warnings if they wish to interrogate you and later use your statement against you. The law controlling detentions, searches and confessions is known as Search and Seizure Law and it is critical that your criminal defense attorney has a strong grasp of it to maximize your chances of getting your possession of magic mushrooms case dismissed.
In addition to challenging the legal basis of the case, your criminal defense attorney should work to challenge the link between the magic mushrooms and you. The State of Texas must prove that a person charged with possession of magic mushrooms, knowingly possessed them. In many cases, this is difficult or impossible for the State to prove, and a zealous, creative attorney can help turn this difficulty in a possible reason to get your case dismissed.
Even if it appears that the case against you is strong, it may be possible to get your possession of magic mushrooms case dismissed through a pre-trial intervention or similar agreement. A pre-trial intervention agreement is essentially a contract with the State that your case will be dismissed if certain conditions are met. In the Houston area, you may be eligible for a pre-trial diversion in a magic mushroom case if you have a limited criminal history, possessed only a small amount of magic mushrooms, and were not arrested for other offenses at the same time (like DWI or theft).
Attorney Jose Ceja is a former drug prosecutor who has handled thousands of drug cases. Prior to starting Ceja Law Firm, Mr. Ceja worked at one of the top law firms in Texas as an associate for nearly 10 years. He regularly defends drug cases throughout the Houston area and is an excellent choice to help keep an accusation of possession of magic mushrooms off of your record. Contact Ceja Law Firm PLLC today to discuss your case.
