Micro-dosing, mushroom chocolates, psychedelic corporate retreats? Although psychedelics have entered the zeitgeist in earnest over the last few years, Texas laws haven’t been updated to reflect this significant shift in the culture. We all know that magic mushrooms are everywhere, but do you know what to do if you’ve been charged with possession of psychedelic mushrooms?

Possession of magic mushrooms is charged as possession of a controlled substance in Texas, and being caught holding the bag could mean doing a long bid in state prison, all for a few hours (or days, if you’re committed) of tripping. 

If you or a loved one has been charged with possession of mushrooms in Texas, it is essential that you work with an experienced and aggressive drug lawyer to defend your freedom. Texas is tough on drugs, and you can bet that the prosecution is building their case to put you away. Call the attorneys at Thiessen Law Firm at (713) 864-9000 to even the playing field. 

What is the penal code for mushrooms?

Classifications of drugs and their penalties in the Lone Star State are found in the Texas Controlled Substances Act, which is found in the Texas Health and Safety Code. The Texas Controlled Substances Act is the primary legal framework governing the possession and distribution of various controlled substances, including psychedelic mushrooms. 

Controlled Substances Act 481 § 103 places both psilocybin and psilocin, the two naturally occurring psychedelic compounds found in magic mushrooms, in Penalty Group 2 — along with methamphetamine, PCP, mescaline, MDMA, and many other much more dangerous controlled substances. 

Penalties for possession of psilocybin mushrooms in Texas

Penalties for the possession of psychedelic mushrooms are severe in most places in the country, but possession of any amount of mushroom is a felony in Texas. The penalties for a possession charge are detailed below. 

Amount possessedChargeMaximum fineJail time
< 1 gramState jail felony$10,000180 days – 2 years
1 – 4 gramsThird-degree felony$10,0002 – 10 years in prison
4 – 200 gramsSecond-degree felony$10,0002 – 20 years in prison
200 – 400 gramsFirst-degree felony$100,0005 – 99 years in prison
> 400 gramsEnhanced first-degree felony$100,00010 – 99 years in prison

Possession charges are unfortunately the least severe charge you can get related to psychedelic mushrooms, and you can see how extreme charges for possession of mushrooms already are. 

What is the penalty for growing mushrooms in Texas? 

Growing psychedelic mushrooms in Texas is a separate criminal offense from possession. If you are found growing mushrooms in Texas, even if you are not found to be distributing them, you could face a cultivation charge and a possession charge. The penalties for growing mushrooms in Texas look much like those for possession but are generally more severe.

  • The charge for growing less than one gram of magic mushrooms is a state jail felony punishable by up to 2 years in jail and a $10,000 fine.
  • The charge for growing 1 – 4 grams of magic mushrooms is a second-degree felony punishable by 2 – 20 years in prison and a fine of up to $10,000.
  • The charge for growing 4 – 400 grams of magic mushrooms is a first-degree felony punishable by 5 – 99 years in prison and a fine of up to $10,000.
  • The charge for growing 400 grams or more of magic mushrooms is an enhanced first-degree felony punishable by a prison sentence of 10 – 99 years and a fine of up to $100,000. 

If you are found to be distributing, or intending to distribute, your mushrooms, things can get even more complicated. Because charges for simple possession are already so severe, charges for cultivation and possession with intent to distribute can stack up very quickly and stand to ruin your life. 

If you have been charged with possession of psilocybin mushrooms in Texas — even if you only had a tiny, personal amount — it is essential that you speak with a Houston drug attorney before it’s too late. 

Complicating factors in magic mushroom cases

The other elephant in the room when it comes to possession of psychedelics is that the police don’t understand their manufacture as well as the people making them do — or at least they don’t care to.

What does this mean? In order to determine what level of possession charge a person caught with drugs will be charged with, the police have to weigh the drugs. Psychedelic drugs are often ingested in combination with other things — mints with LSD, mushroom chocolates, etc — but the police don’t have the ability to measure the amount of LSD on an Altoid or the amount of processed psilocybin in a candy bar, so what do they do? They take the weight of the entire thing.  

That’s right, your personal amount of mushrooms could only contain 3 grams of psilocybin, but if it is processed into a 43-gram chocolate bar (a common size for chocolate bars, psychedelic and non-psychedelic alike) you could be looking at 20 years in prison.

This is why you need to work with a drug crime lawyer who not only knows how to get a possession charge dismissed, but knows the science better than the police, and can make sure that bad police work doesn’t send you to prison. 

Mark Thiessen is an ACS-CHAL Lawyer-Scientist, the highest level of recognition given to attorneys by the American Chemical Society. He knows the science as well as he does the law and can make sure that you don’t become a victim of institutional ineptitude. 

Charged with possession of psychedelic mushrooms? Call Thiessen Law Firm today!

If you think the penalties for possession of psychedelic mushrooms are unfairly severe, it’s because they are. In the eyes of Texas courts, psychedelic mushrooms are just as much of a threat as dangerous, habit-forming drugs with no accepted medical use. 

Your best chance at freedom is to hire a trial lawyer to fight for your freedom in a court of law, not a litigator to negotiate a plea deal. Mark Thiessen and the trial lawyers at the Thiessen Law Firm have made their name by taking big, complex cases to court and winning them. 

If you or a loved one is facing charges for possession, cultivation, or intended distribution of magic mushrooms in Texas, you need to act quickly. Call Thiessen Law Firm at (713) 864-9000 or contact us online today to take the first step in protecting your freedom. 

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Mark Thiessen

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.