New York Psychedelic Mushroom Common Questions

Drug use is quite common in New York, with some being for serious schedule I drugs and others for less addictive schedule V drugs. Psychedelic mushrooms are an example of a Schedule III drug that comes with significant penalties if you are arrested for sale or possession. Since these drugs may not get as much attention as street drugs like marijuana, heroin, or cocaine, many people may seek answers to New York psychedelic mushroom common questions.

What Are Psychedelic Mushrooms?

Psychedelic mushrooms, popularly known as magic mushrooms or shrooms, are a type of hallucinogenic drug. They work by altering a person’s senses, changing the way they see, hear, and perceive their surroundings. Psychedelic mushrooms are naturally grown, but can also come in synthetic forms that have a white crystalline appearance. While people consume mushrooms for several reasons, many report that they may ease some mental health symptoms.

Psychedelic mushrooms may be consumed in many forms, including:

• Consumed fresh and whole
• Consumed dried
• Extracted into gummies or chocolate
• Extracted into a tea

Are There Legal Forms of Psychedelic Mushrooms?

Currently, psychedelic mushrooms are an illegal controlled substance per NY Penal Codes §§ 220.03 to 220.25. However, there is legislation, Bill A10375, currently in the committee assembly with the purpose of legalizing it for specific medical conditions. Its use would be for adults only and will be supervised, regulated, and administered only by licensed professionals.

How Serious Are Penalties for Psychedelic Mushrooms?

Psychedelic mushrooms are Schedule I controlled substances that contain the hallucinogen psilocybin. Schedule I controlled substances are drugs with the highest potential for addiction but with the lowest approved medical usage. Other Schedule I controlled substances are heroin, marijuana, and LSD.

Schedule I controlled substances have the highest penalties, whether it be for possession, intent to sell, distribution, manufacturing, or trafficking. The penalties for hallucinogens depend on the intent and the amount in possession. The penalties you could face include:

• 7th degree possession. Class A misdemeanor, punishable by up to a year in prison and $1,000 in fines.
• 4th-degree possession for 25 mg. Class C felony, punishable by up to 5.5 years in prison and up to $15,000 in fines.
• 3rd-degree possession with intent to sell. Class B felony, punishable by up to 9 years in prison and up to $30,000 in fines.
• 2nd-degree felony for 625 mg. Class A-II felony, punishable by 3-10 years in prison and up to $50,000 in fines.

The consequences of selling mushrooms are the most severe. You could be sentenced to a Class B or A-II felony for selling small amounts of mushrooms. Moreover, the penalty for selling to minors is automatically a Class B felony, and the penalties are increased if you have previous convictions.

What Are My Chances of Being Convicted for Psychedelic Mushroom Possession?

While there are reported medicinal benefits to consuming mushrooms, it is still an illegal substance; therefore, if you are caught in possession of them, your chances of being charged are the same as with any other controlled substance.

In one case, over 250 pounds of psychedelic mushrooms were seized in Brooklyn in 2016, according to the DEA. The street value of the confiscation was around $2 million. If the defendants were convicted, they could face possession of controlled substances charges in the second and third degrees. This means they could serve up to 10 years in prison.

Can a Lawyer Help Me?

Facing drug charges can be disheartening, especially if you are uncertain of the laws surrounding certain controlled substances. Because psychedelic mushrooms are grown naturally, some people may mistake them for being legal. However, NYC drug crime laws do not see it that way. Whether you made an honest mistake or need legal assistance to help you avoid serious charges, a lawyer can help you in several ways.

The most common defenses against drug crime charges involve entrapment, lack of evidence, lack of knowledge, or an illegal search and seizure. A skilled lawyer can thoroughly investigate your case and appropriately apply a solid defense that can help you win your case. Moreover, if you have drug charges, you will matriculate through the entire criminal process, from the initial appearance to a trial. You do not want to do this alone, especially if your charges are complex.

FAQs

Q: Are There Any Proposed Changes to NY Mushroom Laws?

A: Yes, there are proposed changes to NY mushroom laws that could potentially legalize psilocybin-related products for therapeutic use. The laws would approve the use of psilocybin therapy in a supervised setting aimed at helping mental health patients. The specific assembly bill is A3581A and was part of a 2023-2024 session.

Q: Are Mushroom Gummies Legal?

A: Mushroom gummies are illegal in NYC if they contain psilocybin, which is illegal. Psilocybin is a controlled substance under both federal and state laws. Specifically, it is a Schedule I hallucinogenic controlled substance, and the consequences for possessing it can be a misdemeanor or a felony, depending on the amount and intent.

Q: What Are the Side Effects of Mushroom Gummies?

A: There are several potentially dangerous side effects associated with consuming mushroom gummies. A study by the Virginia Department of Health reports that consuming them can cause anxiety, hallucinations, nausea, and seizures. The same study reports 130 cases of hospitalization because of the gummies in 2024.

Q: What Should I Do if I Get Caught With Psychedelic Mushrooms?

A: If you are caught in possession of psychedelic mushrooms, you should consult with an NYC drug crime lawyer. While some may believe mushrooms are legal, they are illegal in NYC if they contain psilocybin, which is a hallucinogen. Your lawyer can inform you of your rights, build your defense, and represent you in court if necessary.

Consult Our Skilled Defense Lawyers

New York is a city with a relatively high rate of drug use and is equally aggressive in charging and convicting perpetrators who are caught possessing, selling, or manufacturing controlled substances. Therefore, if you are facing criminal drug charges, you should consult with a criminal lawyer at Greco Neyland, PC. Do not hesitate to schedule a consultation to discuss your case.