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Psilocybin possession laws can mean additional charges

On Behalf of | Jul 19, 2021 | Criminal Defense

Drug laws are often inconsistent among certain states, and psilocybin mushrooms are a prime example of that variation. Denver and Oakland are actually two cities that have made them legal within local jurisdictions. Additionally, they are not abundant across the nation such as other controlled substances like marijuana. Hence, many states do not list the chemical as a controlled substance. However, Georgia is one of three states that have taken a harsh view of “magic mushroom” use, and the state legislature has also taken the step to list psilocybin specifically in the state criminal code as a Schedule I controlled substance.

Possession of psilocybin in Georgia

While there are two primary advocacy groups within the state that are pushing for decriminalization, even simple possession of the spores from which the mushrooms grow can lead to a felony charge. According to Title 16 Chapter 13 Article 2 of the Georgia criminal code, punishment can be up to 15 years incarceration for a simple possession conviction on a first charge and up to 30 years imprisonment on a subsequent second conviction. This means that anyone in Georgia who is caught with “magic mushrooms” will indeed need aggressive and experienced criminal defense representation.

Criminal defense for mushroom possession

Just as with any other drug charge, search and seizure efforts by law enforcement officers must be done according to proper protocol. Warrants can often be called into question, and methodology of obtaining the evidence can also be questioned. Other mitigating factors such as no psilocybin content in spores can also be elements of a strong criminal defense strategy when no fully developed mushrooms are found.

While attitudes across the nation are assuredly changing regarding drug laws, Georgia is showing no signs of easing prosecution of those caught with any substance that is listed in the state code as contraband. Prosecutors are still very serious about pursuing extensive punishment in psilocybin cases. Having a criminal defense attorney representing you is vital, and it is much more than an investment in freedom.


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