If you have been charged with possession of psychedelic drugs in Houston, Texas, contact attorney Mark Thiessen at 713.864.9000 or request a free case evaluation. We serve Houston and the surrounding areas and are available 24/7 to fight for you.
If the police suspect that you are in possession of psychedelic drugs in Texas, chances are things will not turn out groovy. If you’re planning on having a nice trip, you should also plan on keeping off of the roadways and out of public spaces, even if you brought a friend to babysit you during your journey.
Texas is tough on ALL drugs but has some particularly steep penalties for psychedelics. You could wind up in jail for a long time for just a dose or two of magic mushrooms, acid, mescaline, or any other trippy tincture present in the Texas Controlled Substances Act.
If you or a loved one has been arrested under suspicion of possession of psychedelic drugs, you need to work fast. Because Texas prosecutes possession of psychedelics with zeal, you can be sure that the prosecutors are working day and night on their case to put you in jail. Call the drug charge lawyers at Thiessen Law Firm today at (713) 864-9000 and ask them to defend your freedom.
How do the Texas drug laws work?
Possession of controlled substances in Texas, which include psychedelic drugs, is governed by the Texas Controlled Substances Act. The Texas Controlled Substances Act is located in Title 6 Chapter 481 of the Texas Health and Safety Code.
The act breaks up controlled substances into multiple penalty groups, which determine how severe penalties for possession are. The majority of popular psychedelics are categorized as Penalty Group I and Penalty Group II, which are the most severe because they have a high potential for abuse and few accepted medical uses, according to the state of Texas.
Despite the rise of psychedelic treatments for mental health issues like clinical depression and post-traumatic stress disorder and the lack of evidence supporting the claim that psychedelics are habit-forming, the state of Texas prosecutes their possession severely.
Common psychedelic drugs and the penalties for possession
The penalties for possession of psychedelic drugs in Texas depend on which psychedelic was allegedly possessed, as well as the amount possessed. What are the mushroom possession laws in Texas? Because psilocybin is in Penalty Group 2 in Texas, possession of any amount of magic mushrooms will be a mushroom possession felony, with charges as follows:
| Amount possessed | Charge | Maximum fine | Jail time |
| < 1 gram | State Jail Felony | $10,000 | 180 days – 2 years |
| 1 – 4 grams | Third Degree Felony | $10,000 | 2 – 10 years in prison |
| 4 – 400 grams | Second Degree Felony | $10,000 | 2 – 20 years in prison |
| > 400 grams | First Degree Felony | $50,000 | 5 – 99 years in prison |
MDMA or Ecstasy, synthetic THC, mescaline, and DMT possession charges all carry the same penalties as a charge for possession of psychedelic mushrooms, as they are all also Penalty Group 2 substances.
What about an LSD possession charge?
LSD possession, like cocaine, methamphetamine, opioid, and heroin possession, falls under Penalty Group 1 — the most severe penalty group for controlled substances in Texas. Penalties for possession of a drug in Penalty Group 1 are as follows:
| Amount possessed | Charge | Maximum fine | Jail time |
| < 1 gram | State Jail Felony | $10,000 | 180 days – 2 years |
| 1 – 4 grams | Third Degree Felony | $10,000 | 2 – 10 years in prison |
| 4 – 200 grams | Second Degree Felony | $10,000 | 2 – 20 years in prison |
| 200 – 400 grams | First Degree Felony | $100,000 | 5 – 99 years in prison |
| > 400 grams | Enhanced First Degree Felony | $100,000 | 10 – 99 years in prison |
Complicating factors for magic mushroom and LSD possession charges
Because LSD and psilocybin are often ingested with other things — LSD on an Altoid, prefab mushroom chocolate bars, etc. — police are often unable to tell how much of a controlled substance by weight is actually in an edible product.
Why does this matter? The police aren’t the best scientists in the world, no surprise there. It matters because the police often use the weight of the entire product to determine charges.
This means that instead of being charged for 2 grams of mushrooms and 20 grams of chocolate, you’ll be charged for 22 grams of mushrooms. You may only possess a fraction of a gram of LSD, but if it was dropped on a stick of gum or a large mint, you could immediately be looking at 20 years in prison.
Additionally, large amounts of any controlled substance may cause the police to upgrade a charge from simple possession to a charge of intent to distribute. Next thing you know you’ll be facing more serious penalties and need an intent to distribute lawyer, all because of bad science and worse police work.
Don’t let bad police work and a tenuous grasp of the science land you in prison. Call an attorney who knows Texas law as well as they do science. Mark Thiessen is an ACS-CHAL Lawyer-Scientist, the highest level of recognition given to attorneys by the American Chemical Society.
Caught holding the bag or the blotter? Call the psychedelic drug lawyers at Thiessen Law Firm.
Penalties for possession of psychedelic drugs in Texas can be shockingly severe. It is entirely possible that a small amount intended for personal use can land you with felony charges, and potentially years in a Texas prison.
If you or a loved one is facing charges for possession of psychedelics, you need an attorney with a thorough understanding of the Texas drug laws and the science behind psychedelic drugs. Beyond that, you need more than a lawyer looking to collect a fee and settle — you need a lawyer that actually takes complex drug cases to trial and wins them.
Mark Thiessen and the drug crime lawyers at Thiessen Law Firm take complex cases to trial, argue in front of a judge and jury, and win. Whether you need a cocaine possession lawyer or the best DWI lawyer in Houston, Thiessen Law Firm is here to defend you from outdated laws, overzealous prosecution, and the weaponization of bad science.
Have a case that you just can’t lose? Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation.
Call Thiessen Law Firm today at 713.864.9000 or contact us online for a free consultation.
