NJ Mushroom Possession & Distribution Charges

NJ Mushroom Possession & Distribution Charges

Psilocybin mushrooms, also known as “magic mushrooms,” are hallucinogenic fungi that contain the psychoactive compound psilocybin. While possession of psilocybin mushrooms is illegal under federal law, New Jersey has recently passed legislation reducing penalties for possession of small amounts of mushrooms.

This article will provide an overview of mushroom possession and distribution charges in New Jersey, including a discussion of the new legislation, potential defenses, and legal implications.

New Jersey’s Psilocybin Legislation

In February 2021, New Jersey Governor Phil Murphy signed a bill into law that reduced penalties for possession of up to one ounce of psilocybin mushrooms¹. Previously, possession of any amount was punishable as a third-degree crime with up to 5 years in prison and a $35,000 fine. Under the new law, possession of up to one ounce is a disorderly persons offense with up to 6 months in jail and a $1,000 fine².

While an important step towards decriminalization, psilocybin mushrooms remain illegal in New Jersey. The new law simply reduces penalties for minor possession offenses. Distribution charges can still carry severe consequences.

What Constitutes Possession vs. Distribution?

In New Jersey, possession of a controlled substance refers to simply having mushrooms on your person. This includes obtaining, possessing, or failing to turn over mushrooms to law enforcement. Distribution involves possessing mushrooms with intent to sell, share with others, or manufacture³.

Factors that can distinguish possession from distribution include⁴:

• Amount of mushrooms
• Packaging materials like bags or scales
• Large sums of cash
• Text messages or statements about selling
• Prior distribution convictions

Without direct evidence of intent to distribute, possession charges are more likely. But prosecutors may still argue circumstantial evidence points to distribution.

Penalties for Mushroom Possession in NJ

For possession of one ounce or less, penalties under the new NJ law are¹:

• Up to 6 months in jail
• Maximum $1,000 fine
• Possible drug counseling or community service

Possession of any psilocybin substance over one ounce remains a third-degree crime with penalties of²:

• 3-5 years in state prison
• Up to $35,000 in fines

Penalties are harsher if there are aggravating factors like possession near a school or park. Prior convictions can also increase penalties.

Penalties for Mushroom Distribution in NJ

Unlike possession, psilocybin distribution charges have not been reduced under the new legislation. Penalties depend on the amount distributed⁴:

• 1 ounce or less – 3rd degree crime:
  • 3-5 years in prison
  • Up to $35,000 fine
• 1-5 ounces – 2nd degree crime:
  • 5-10 years in prison
  • Up to $150,000 fine
• 5 ounces or more – 1st degree crime:
  • 10-20 years in prison
  • Up to $300,000 fine

Penalties are even more severe for distribution to minors or near schools, resulting in mandatory prison time. Prior distribution convictions can also increase penalties.

Defenses to Mushroom Charges in NJ

There are several legal defenses that may apply in mushroom possession or distribution cases⁵:

• Lack of possession – Argue the mushrooms did not actually belong to you
• No intent to distribute – Argue there is insufficient evidence of intent to distribute
• Entrapment – Argue you were improperly induced or coerced into committing the crime
• Illegal search – Seek to suppress evidence from an unconstitutional search
• Misidentification – Argue the seized substances were not actually illegal mushrooms

An experienced New Jersey drug crimes lawyer can evaluate the details of your case and advise you on the viability of potential defenses.

Expungement of Prior Psilocybin Convictions

One potential benefit if New Jersey fully decriminalizes or legalizes psilocybin is the potential expungement of prior mushroom convictions. When marijuana was legalized, New Jersey allowed expungement of past criminal records involving minor marijuana possession offenses⁶.

If psilocybin is legalized, those previously convicted of mushrooms charges like simple possession could petition to have their records cleared. However, New Jersey has not passed any laws yet allowing expungement of prior psilocybin offenses.

Federal Laws on Psilocybin Mushrooms

It’s important to note that psilocybin remains completely illegal under federal law. The federal Controlled Substances Act classifies psilocybin as a Schedule I drug with no accepted medical use and high potential for abuse⁷.

Federal charges for mushroom possession carry penalties of:

• Up to 1 year in prison
• Minimum $1,000 fine
• Up to $100,000 fine for individuals
• Up to $250,000 fine for organizations

Federal penalties for mushroom distribution are even more severe. While federal prosecution is less common, it remains a possibility regardless of state law.

Should New Jersey Legalize Psilocybin?

The debate around fully legalizing psilocybin in New Jersey is ongoing. Supporters argue psilocybin has therapeutic medical benefits and criminalization is ineffective. Opponents cite concerns about safety risks and potential for abuse.

Some key arguments include:

• Medical benefits – Some studies show psilocybin can help treat depression, anxiety, PTSD, and addiction under medically supervised settings.
• Harm reduction – Decriminalization may help combat the opioid epidemic and decrease risky black market activities.
• Personal freedom – Individuals should have the right to make their own choices about what substances to consume.
• Safety risks – Psilocybin can cause psychosis, erratic behavior, and loss of touch with reality, especially in high doses.
• Gateway drug – Legal psilocybin may lead more people to experiment with other illegal drugs.
• Difficult regulation – Regulating production, sales, and dosage of psilocybin poses challenges.

Overall, while New Jersey has taken steps to reduce penalties, the future of broader psilocybin legalization remains uncertain. Any interested person accused of mushroom crimes should promptly consult an attorney.

Finding a NJ Drug Crimes Lawyer

Psilocybin mushroom charges should not be taken lightly. An experienced drug crimes lawyer can advise you on the law, defenses, and strategic options in fighting the charges.

Be sure to consult an attorney as early as possible after an arrest. An attorney may be able to negotiate reduced charges or pretrial intervention to minimize penalties. For those convicted, an attorney can also assist with sentence mitigation and post-conviction relief.

Don’t leave the outcome of your case up to chance. Contact a qualified New Jersey mushroom possession and distribution lawyer today.

¹ https://www.app.com/story/news/2021/02/04/new-jersey-mushrooms-laws-signed-governor-phil-murphy/4395368001/ [return]
² https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/ [return]
³ https://www.newjerseycriminallawattorney.com/drug-crimes/mushroom-possession-distribution-charges/ [return]
⁴ https://criminallawyerinnj.com/are-legal-mushrooms-coming-to-new-jersey/ [return]
⁵ https://www.nj.com/politics/2021/02/murphy-signs-bill-easing-penalties-for-magic-mushrooms-in-nj.html [return]
⁶ https://www.govinfo.gov/link/plaw/106/public/113 [return]
⁷