Is it lawful to acquire magic mushroom spores for cultivation purposes? Magic mushrooms, also known as psilocybin mushrooms, have a long history of use for their psychoactive properties. However, the legality surrounding the acquisition and cultivation of magic mushrooms and their spores varies from country to country. In many countries, the possession, cultivation, and sale of magic mushrooms and their spores are considered illegal. These countries often classify magic mushrooms as a Schedule I controlled substance, and any involvement with them can result in severe legal penalties. However, there are some exceptions to this general rule. In a few countries, such as Brazil, Jamaica, and Portugal, the cultivation and use of magic mushrooms are decriminalized or even legal.
California Health & Safety Code Section 11054, subdivision (d). There is no medical or religious exception in the statutes.
This means that, depending upon the circumstances, a person suspected of unlawful cultivation of mushrooms faces the possibility of a felony arrest and conviction with an exposure of up to three years in the state prison. According to the Texas Penal Code, which is the book of criminal laws in Texas, it is illegal to possess, distribute, carry, use, or grow magic mushrooms.
In a few countries, such as Brazil, Jamaica, and Portugal, the cultivation and use of magic mushrooms are decriminalized or even legal. This means that individuals in these countries may be able to legally acquire and cultivate magic mushroom spores for personal use. In other countries, the legality of acquiring magic mushroom spores may be more complex.
Magic Mushrooms and The Law: What You Need to Know
A common choice in Central Texas is camping, and for some, camping can involve drugs like marijuana and psychedelic mushrooms. It’s no secret that marijuana policies are becoming less harsh in Texas, especially in Travis, Hays, and Williamson counties. But what about mushrooms? Do people face criminal charges for magic mushrooms in Texas?
The short answer is yes, and the penalties can be severe. We’ll explain more below.
Written by Chris Perri Law__________________________________
What are “Magic” Mushrooms?
Let’s start with the basics. Mushrooms that cause hallucinations when ingested are technically called psilocybin mushrooms. Psilocybin and psilocin are the psychoactive chemicals in the fungi that can make people feel high. Psilocybin mushrooms are often referred to as:
- Magic mushrooms
- Psychedelic mushrooms
- Or simply “shrooms”
Mushrooms and Texas Law
According to the Texas Penal Code, which is the book of criminal laws in Texas, it is illegal to possess, distribute, carry, use, or grow magic mushrooms. The Texas Controlled Substance Act classifies mushrooms as a controlled substance in the “Penalty Group 2-A” category, similar to other serious drugs such as MDMA, ecstasy, and most illegal amphetamines.
Drug Charges and Penalties
Possessing any amount of psilocybin mushrooms is a felony-level offense in Texas. Yes, even if you’re caught with a tiny bag of mushroom crumbs in your hiking backpack, you could be arrested for a felony.
The exact charges for possessing magic mushrooms range from state level felony to first degree felony, depending on the amount of the drug in a person’s possession, as well as if the police believe there was intent to sell or distribute.
Penalties for felony-level drug crimes in Texas can include:
- Jail or prison time
- Thousands of dollars in fines
- Loss of the right to bear a firearm
- Mandatory drug counseling
- And more.
Though the Texas Penal Code provides penalty ranges for crimes, prosecutors have discretion within that range on what penalties they recommend. Keep in mind, however, that rural county prosecutors typically recommend harsher punishments. So if you’ve been arrested for a drug crime outside of Austin, it’s essential to hire a quality attorney who has experience practicing in rural communities.
Travis County Exception
As of January 1st, 2021, Travis County has sworn in a new District Attorney, José Garza, which I wrote about for Do512 here. D.A. Garza has pledged to decrease arrests for non-violent offenses in Austin and to treat drug concerns as health issues instead of criminal justice matters when possible. In most circumstances, his team plans to forego pressing charges against people caught with narcotic drugs, such as crack, meth, or mushrooms, in the amount of one gram or less.
So, at least in Travis County, if you’re caught with one gram or less of mushrooms, you’ll likely avoid a Possession of Controlled Substance arrest. However, one gram is a fairly small amount of the drug, so it is certainly still possible to face felony-level criminal charges for illegal mushrooms in Austin.
If You Get Caught with Shrooms…
First off, it is your legal right to deny a police officer to search your house, vehicle, property, or person. If they ask for your permission, you have the constitutional authority to simply say no. In fact, the Fourth Amendment of the United States Constitution protects people against searches and seizures that are “unreasonable.”
What is “reasonable,” though, is of course subjective--but there are legal guidelines to determine reasonableness. For instance, if the police officer has a court-issued warrant or can see something illegal in plain sight, then it is legally reasonable for them to search you. To learn more about search and seizure law in Texas, click here.
Even if you say no to a search, an officer may move forward and search your property. However, they’ll have to be able to prove that their search was indeed lawful and reasonable. If you consent to the search from the beginning, then they don’t have to prove the search reasonable because you, well, consented.
If You Get Arrested.
If you do find yourself in handcuffs for a drug charge, all hope is not lost. Having a capable criminal defense lawyer by your side can make a massive difference in the outcome of your case.
For example, even if you were in possession of an illegal substance, such as magic mushrooms, a skilled attorney may be able to prove the police officer’s search was unlawful. If the search is proven unlawful, any evidence seized during the search can no longer be used against you.
And even if the search is deemed lawful, an attorney can help negotiate a favorable plea deal or fight for you at trial.
So, What You Need to Know
Yes, drug laws are evolving, and in some states in our country, mushrooms have been decriminalized and even legalized. Texas, however, isn't one of them, so it's best to stick to legal vices. That said, if you do get caught with the goods, know that you still have constitutional rights, including the rights to fair searches and legal defense.
As of January 1st, 2021, Travis County has sworn in a new District Attorney, José Garza, which I wrote about for Do512 here. D.A. Garza has pledged to decrease arrests for non-violent offenses in Austin and to treat drug concerns as health issues instead of criminal justice matters when possible. In most circumstances, his team plans to forego pressing charges against people caught with narcotic drugs, such as crack, meth, or mushrooms, in the amount of one gram or less.
Some countries have strict laws against the cultivation of magic mushrooms but do not specifically address the legality of acquiring spores. In these cases, individuals may be able to legally purchase magic mushroom spores for collection or microscopy purposes, as long as they do not intend to use them for cultivation. It is important to note that even in countries where magic mushrooms or their spores are illegal, there may be an underground market for acquiring them. However, engaging in such activities can carry significant legal risks. In conclusion, the legality of acquiring magic mushroom spores for cultivation purposes depends on the specific laws of the country in question. It is crucial to research and understand the laws of one's own jurisdiction before engaging in any activities involving magic mushrooms or their spores, as legal penalties can be severe..
Reviews for "Is It Lawful to Buy Magic Mushroom Spores for Cultivation?"
1. John - 1 star
I was really disappointed with "Is it lawful to acquire magic mushroom spores for cultivation purposes". The information provided was very limited and didn't offer any practical advice on how to legally acquire magic mushroom spores. The author just kept repeating that it's illegal in most countries without offering any alternative solutions. It was a waste of my time and money.
2. Sarah - 2 stars
I found "Is it lawful to acquire magic mushroom spores for cultivation purposes" to be quite vague and unhelpful. The author only briefly touched upon the legal aspects without providing any real guidance. I was expecting a more in-depth analysis of the laws surrounding magic mushroom spores and cultivation, but unfortunately, the book fell short. The information provided could be easily found through a quick internet search, so I do not recommend this book for anyone looking for comprehensive legal advice in this area.
3. Mark - 1 star
I regret purchasing "Is it lawful to acquire magic mushroom spores for cultivation purposes". The book was poorly organized, and the information was scattered and confusing. It lacked a clear structure and failed to provide any substantial evidence or legal perspectives. The author could have done a much better job collecting and presenting the information on the legality of acquiring magic mushroom spores. Overall, I was highly disappointed with this book and would've preferred a more thorough and concise examination of the topic.