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Possession of Mushrooms

It’s illegal in Texas to possess certain controlled substances such as psilocybin mushrooms, otherwise known as “shrooms” or “magic mushrooms.” Psilocybin mushrooms when ingested can induce psychedelic effects in the user. Thanks to its addictive nature, the fungi has been determined to be a controlled substance that leads to chemical dependency.

Possessing, manufacturing or selling magic mushrooms can result in serious consequences. Offenders could face felony charges including years in prison and even fines in the thousands and tens of thousands. If you have been arrested for possessing psilocybin mushrooms, it’s imperative you have experienced legal representation on your side.

Attorney for Possession of Shrooms in Austin

Using or possessing psilocybin mushrooms is an illicit act and can lead to severe penalties. Having even trace amounts of magic mushrooms on your person can result in felony charges. If you have been accused of possession of mushrooms, it’s not just important but necessary for you to have legal counsel by your side that you trust.

You can find an experienced and skilled drug crimes attorney with The Law Office of Kevin Bennett. Managing and founding attorney Kevin Bennett is an Austin-raised resident with a passion for what he does. He has the techniques and knowledge needed to defend your case. To learn more about his practice and set up your first consultation free call (512) 476-4626.

The Law Office of Kevin Bennett represents people throughout the greater Travis County area including Austin, Pflugerville, Lago Vista, Rollingwood, West Lake Hills and Sunset Valley.

Overview of Possessing Mushrooms in TX


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What are Psilocybin Mushrooms or Magic Mushrooms?

Psilocybin mushrooms are a type of fungi that contains psilocybin and psilocin. The chemical psilocybin when ingested can result in a euphoric and hallucinatory feeling. Similar to many psychedelic substances, magic mushrooms can result in subjective and varying effects among users. The mind-altering substance typically lasts for three to eight hours depending on the dosage and the user’s personal metabolism.

Although psilocybin mushrooms are illegal in the United States, it has a vast history of humans using it. Certain prehistoric rock art has been suggested to be related to psilocybin mushrooms that was dated around 6,000 years ago. The Aztecs used a type of psilocybin mushroom for rituals and coronations of their rulers. After some time, the drug became popular among the western world when researchers Valentina Pavlovna Wasson and R. Gordon Wasson actively participated in an indigenous mushroom ceremony and published their findings. By the early 1970’s, mushrooms could be found throughout North America, Europe and Asia.


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Penalties for Possessing Magic Mushrooms in Texas

Magic mushrooms are categorized under Group 2 and 2-A Texas drug schedules. It resides besides other hallucinogenic substances such as amphetamine and synthetic cannabis. The penalties for possessing magic mushrooms are serious and are determined by the quantity of the drug found.

Possessing less than a gram’s worth of psilocybin mushrooms is a state jail felony. If convicted, you could face the following:

  • A fine of up to $10,000;
  • Up to 2 years in a state jail

Having one to four grams of magic mushrooms can lead to a second-degree felony, which is punishable by the following:

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

If you are found with four to 400 grams of psilocybin mushrooms, you could be charged with a first-degree felony. The penalties for a first-degree felony include:

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

Possessing more than 400 grams of mushrooms can result in a life felony, which is life in prison without parole and a fine of up to $100,000.


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Actual and Constructive Possession of a Substance

Texas prosecutors can charge you in actual or constructive possession of a substance. In either case, you will face the same charges, nonetheless. Actual possession is when you have the drug on your person, such as your pocket or in your hand. However, constructive possession is a bit more complicated.

You don’t have to physically hold a drug to be found in constructive possession. Constructive possession is defined as a person having complete control and authority over a controlled substance. This means if you have control over a space or where the drug is found, then you could be found in constructive possession. For example, you might have drugs locked in a box that you own. If officers find the box and you’re not around, they may conclude you are in constructive possession of the box and the drugs, so you may be arrested shortly afterwards.


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Additional Resources

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

Drug Laws in Texas – Visit the official website for the Texas Statutes to learn more about what happens if you are found in possession of psilocybin mushrooms. Access the site to learn more about the penalties, admissible defenses and other related drug crimes.


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Psilocybin Possession Lawyer in Travis County, TX

Have you or someone you know been accused of possession of psilocybin or another illegal drug? If so, it’s time you speak to an experienced attorney. Find a lawyer who won’t just represent you but will act as your legal partner with The Law Office of Kevin Bennett.

Attorney Kevin Bennett is a proficient and skillful criminal defense attorney who has been practicing for years. He understands that the harsh penalties of possessing drugs are severe and the stigma of accusations can ruin one’s reputation. To protect your rights and freedom, call (512) 476-4626 to set up your first consultation free. Kevin Bennett accepts clients throughout the greater Austin area including Rollingwood, Sunset Valley, and Lago Vista.


This article was last updated on September 27, 2019.

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