Mushroom Possession

The Texas Controlled Substances Act lists magic mushrooms under Penalty Group 2-A alongside MDMA, Phencyclidine powder, THC Oil, and other ecstasy drugs. It is categorized as a substance with a high chance of abuse though has a potential medical value. These mushrooms have psychoactive compounds called psilocybin and psilocin. Such properties can lead to misuse, abuse, addiction, and health hazards in users. As a result, the state law declares these mushrooms a controlled substance and regulates their trade and use by banning their possession and distribution. Texas residents face financial penalties and jail terms of varying degrees for violating this.

Mushroom Drug Charges and Penalties

In Texas, Penalty Group 2, which includes these mushrooms, prescribe penalties based on the amount of banned substances recovered. The charges in such cases include a state jail felony to a first-degree felony. A convict may have to pay a fine up to $50,000 for possessing these psychoactive mushrooms, spend time in addictions centers, face jail terms, put on probation, or sentenced to jail.

The jail term varies depending on how much-banned substance is recovered from the defendant. If it is less than one gram, the sentence may include up to two years of imprisonment. A judge may award 5 to 99 years of incarceration if the amount exceeds 399 grams. Hiring a good drug attorney proficient in handling such cases is crucial to reduce the sentence and fight for your innocence. Look at the Punishment ranges in Texas with our chart here.

Is It Possible To Defend?

Law-enforcement officials may arrest someone as soon as banned mushrooms are recovered from his possession. However, the accused is not convicted yet and if they hire an experienced drug attorney they have a chance to fight the case.

In order to prove possession charges, the prosecution must establish that the accused had a role in the storage, control, care, or management of these illegal substances. The defendant can dispute it. You have a good chance of pleading ignorance and innocence when the recovery is made from your car, office, home, or luggage.  

However, it may be more troublesome if mushrooms are recovered from the clothes you were wearing. Still, it is better to explore options that can reduce the sentence than pleading guilty. An experienced criminal lawyer, for example, may highlight the violation of his plaintiff’s rights following an illegal search and seizure. If he is able to prove it, you have an opportunity to seek to overturn the evidence.

Based in Houston, Texas, Charles Zavala is a skilled immigration and criminal defense attorney with over 10 years of experience. His bilingual firm serves clients throughout Texas and the USA, offering personalized legal services and phone consultations. With a 4.9/5 star rating on Google, Zavala Texas Law is dedicated to client satisfaction. Reach out to Charles Zavala for professional legal support.