Felony Possession of Magic Mushrooms in Texas

magic mushrooms texas felony

What are Psilocybin Mushrooms or Magic Mushrooms?

Psilocybin mushrooms, more commonly known as magic mushrooms, are a type of fungi that contains the chemical psilocybin. When ingested, the chemical psilocybin can result in a feeling of euphoria and hallucinatory feeling. Similar to other psychedelic and hallucinogenic substances, magic mushrooms can result in varying effects among different users. Consumption of the mind-altering substance will typically last for around three to eight hours depending on the dosage and the user’s personal metabolism.

Visit the official website for the United States Drug Enforcement Administration (DEA) to access the Fact Sheet on Psilocybin and learn more about the psilocybin mushrooms and for more on how it’s consumed and it’s long and short-term effects.

Can you go to jail for mushrooms?

While magic mushrooms are not illegal all over the world, and has been decriminalized in a few states across the US, magic mushrooms are illegal in Texas, and possession or consumption of the illegal substance can lead to jail time.

Magic Mushrooms Penalties in Texas

Section 481.115 of the Texas Health and Safety Code states that magic mushrooms are categorized under Group 2 and Group 2-A Schedule drugs in Texas. It resides besides other hallucinogenic substances such as amphetamine and synthetic cannabis. The penalties for being in possession of mushrooms are extremely serious, and the severity of the crime is also determined by the quantity of the drug that is discovered upon search.

Possession of less than 1 gram’s worth of mushrooms is a Texas state jail felony. If convicted, you could face the following penalties:

  • A fine of up to $10,000
  • Up to two years in a state jail facility

Possession of one to four grams of magic mushrooms can lead to a second degree felony, which can mean facing the following punishments:

  • A fine of up to $10,000; and
  • Up to 20 years in prison

If you are found with 4-400 grams of magic mushrooms, this can end up with a first-degree felony charge. The penalties for a first degree felony charge include:

  • A fine of up to $10,000; and
  • Between 5 and 99 years in prison

Lastly, being in possession of more than 400 grams of mushrooms can result in a life felony – this is life in prison without parole and can also lead to a monetary fine of up to $100,000.

Finding a Psilocybin Possession Defense Lawyer in Texas

If you have been accused with the crime of possession of magic mushrooms, or another illegal drug, it’s important to take action quickly to avoid what can be extremely serious consequences if you are indeed found guilty. You need an Austin Crime Drug lawyer in Austin, Texas who won’t just be your defense, but will be your full legal partner and work to understand your case, in order to work with you to get the best possible outcome.