Once upon a time, in a small village nestled amidst a dense forest, there lived a witch. The villagers had always been wary of her, believing in the age-old tales of her dark magic and sinister ways. However, little did they know that there was more to the witch than met the eye. Deep within the woods, the witch’s cottage stood tall, surrounded by overgrown foliage and an eerie silence. Many claimed to have seen strange occurrences around her dwelling – glowing orbs, twinkling lights, and even peculiar sounds. These rumors only fueled the villagers' fear and suspicion towards the witch.
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.
These rumors only fueled the villagers' fear and suspicion towards the witch. As the seasons changed, the villagers became more curious about the witch and her powers. They wondered about the secrets she held within the depths of her abode.
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.
One brave adventurer decided to take matters into his own hands and ventured into the forest to uncover the truth about the witch. The adventurer followed a barely visible path through the thickets, until he stumbled upon an old book abandoned on the forest floor. Its dusty pages revealed the origin of the witch, providing insight into her struggles and journey towards embracing the mystic arts. It detailed her desire to protect and heal, rather than cause harm. Intrigued by what he read, the adventurer continued his trek until he reached the outskirts of the witch's cottage. Taking a deep breath, he knocked on the door, unsure of what awaited him on the other side. To his surprise, the witch eagerly welcomed him inside, revealing a humble abode filled with healing herbs, crystals, and potions. As they spoke, the adventurer learned about the witch's true intentions – to help the villagers in times of need. She explained that her spells were not meant to harm, but rather to bring positive change and healing. Over time, the villagers' misconceptions had caused her to retreat into solitude, leading to her reputation as a sinister figure. Seeing the witch's sincerity and kind-hearted nature, the adventurer decided to share the truth with the villagers. He held a gathering in the village square and spoke about his encounter with the witch in the woods. Many listened with skepticism, but some began to question their blind fear. In an act of bravery and curiosity, a few villagers followed the adventurer into the woods, eager to meet the witch themselves. As they stepped foot into her cottage, the once overwhelming fear dissolved into warmth and acceptance. The witch, now surrounded by open hearts, shared her knowledge and offered her services to the village. From that day forward, the witch in the woods became an integral part of the village community. Her remarkable abilities and unique perspective enriched the lives of the villagers. Through understanding and acceptance, the villagers learned that sometimes one must look beyond appearances and rumors to truly discover the goodness that lies within..
Reviews for "The Witch in the Woods Switch: Understanding the Language of Plants"
1. Emily - 2 stars - I was really looking forward to reading "Witch in the Woods Switch," but I was left disappointed. The story lacked depth and had a predictable plot. The characters were one-dimensional and their actions felt forced and unnatural. I also found the writing style to be dull and unengaging. Overall, it felt like a wasted opportunity for an interesting and unique storyline.
2. Ryan - 1 star - "Witch in the Woods Switch" was a complete waste of time. The plot was so cliché and unoriginal that I could barely finish the book. The dialogue was unrealistic and the characters were forgettable. The attempts at humor fell flat, and there was no emotional depth or tension in the story. I would not recommend this book to anyone who is looking for a captivating and well-written fantasy novel.
3. Sarah - 2 stars - I had high hopes for "Witch in the Woods Switch," but unfortunately, it fell short. The pacing was uneven, with long stretches of boredom followed by rushed and confusing action scenes. The world-building was lacking, leaving me with little understanding of the magical elements in the story. The main character was hard to relate to, and her motivations were unclear. Overall, the book left me feeling unsatisfied and wishing for more depth and coherence.