Magic mushrooms following marijuana in decriminalization

Legalization of marijuana has been a major milestone in the United States legal system as opinions in several progressive states regarding the substance have eased. Medical marijuana is actually the model that convinced most state residents that it is a relatively safe drug. And eleven states have now legalized it, with more states like Virginia on the path to decriminalization. In fact, three individual cities have even decided to extend that decriminalized status to magic mushrooms because they are organic. But they are still considered a Schedule I drug at the state level, including in Virginia, and being caught with mushrooms can result in a serious drug charge under the Psychotropic Substances Act.

The decriminalization action that was taken in Denver, Santa Cruz, and Oakland has also inspired magic mushrooms advocates to convince some legislators in Oregon, California, and even Iowa to submit potential legislation allowing for legalization of the substance. This will assuredly be an uphill climb just as easing the laws on marijuana has been, but it does appear that some gainful discussion will come about in these three state legislatures. But until then, and probably for an extended time period, those caught with psilocybin mushrooms are still subject to a drug charge.

Magic mushrooms have actually been legal in other countries to some degree, with Great Britain only outlawing them in 2005. Until that time it was legal to sell them, and even now it is legal to keep personal spores. The Netherlands also changed their laws regarding mushrooms in 2008, but still allow use of what is termed as “truffles” that are a reduced potency form. They are totally legal in the nations of Brazil, Jamaica, and the Bahamas. But they are still considered a serious drug in other countries.

Being arrested for possession of magic mushrooms is a very serious crime in Virginia, and it may take an experienced Schedule I drug charge attorney to represent the case for a successful outcome. The substance is still relatively misunderstood in legal circles, and a knowledgeable defense attorney can craft a case that focuses on the fact they are being considered for approval in other states.



FindLaw Network