“Mushroom” Drug Charges in Texas
Magic mushrooms are listed as a banned substance in Texas for containing hallucinogenic properties. Anyone found to possess, distribute, carry, or use them in any way may face criminal offense. Based on the amount of banned mushrooms discovered, the penalty may include steep fines and years of imprisonment.
However, until convicted, one has the option to fight drug crime charges and seek a second chance outside the jail. With an able defense put up by an expert criminal attorney, the defendant can fight his case.
The Mushroom Drug Law in Texas
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.
If you are an accused in a mushroom drug case, your freedom is at risk. Unless you defend yourself resolutely, you are likely to end up in jail. Consult a professional Texas criminal defense attorney at Zavala Texas Law (832) 819-3723 and know your defense options. Our experience in dealing with similar cases may help you win your freedom or avoid harsh penalties.