Psilocybin, the drug contained in “magic mushrooms,” is illegal in New Jersey. Psilocybin is a psychedelic drug that people use to have strong hallucinations and “trips.” Mushrooms are a popular drug for recreational use at concerts, camping trips, and other events – the kinds of events that police often go to to enforce drug laws. This can mean a high incidence of arrests for these kinds of drugs.
Many people arrested for psilocybin mushroom possession often have other drugs with them as well. This can mean multiple charges for possessing multiple types of drugs, and these penalties can add-up to very severe punishment. If you were arrested for psilocybin mushroom possession, talk to the Wildwood, NJ drug possession lawyers at The Law Offices of John J. Zarych today. We offer free consultations on new cases. Call (609) 625-3006 today to schedule your free consultation.
Psilocybin Mushroom Possession Laws in New Jersey
Even though psilocybin can be found in mushrooms that could be found in the woods or your backyard, growing, possessing, or using magic mushrooms is still illegal in New Jersey and throughout the rest of the United States. In New Jersey, the main drug possession statute is N.J.S.A. § 2C:35-10.
Possession of a drug under § 2C:35-10 is often called “simple possession.” As opposed to “possession with intent to deliver/distribute” (PWID), simple possession is the crime of simply having drugs on you. Under the New Jersey statute, it is illegal to:
Obtain or possess drugs,
Use or be under the influence of drugs, or
Fail to turn drugs over to a police officer.
This covers most situations that do not involve the sale of drugs. If you possessed drugs with the intent to give or sell them to someone else, you may face higher penalties for PWID under N.J.S.A. § 2C:35-5. Additionally, these statutes make it a crime to have any drug listed on New Jersey’s “Schedules” of drugs, which includes psilocybin.
The “possession” element can be proved in two different ways: by proof of “actual” or “constructive” possession. Actual possession is straightforward; if police find drugs on your person, in your pocket, or in your mouth, you “actually” possessed the drugs. These kinds of charges may be difficult to beat, as the case is so stacked against you. In cases of “constructive” possession, however, the possession element may be challenged. Constructive possession is when you “have” something, but it is not actually in your possession, such as having an item in your car, in your house, or in a bag you own. In order to prove that you had constructive possession of a drug, police must prove that you knew it was there and had the ability to exercise control over it. If the drugs were in a shared location (e.g. the common area of a dorm or apartment), were hidden, or were locked away, police and prosecutors may be unable to prove you “possessed” them at all.
Ultimately, because of how the statute is written, police can always prove possession by proving you used drugs. Drug use also violates this statute, and in order to use drugs, you must physically possess them. However, our attorneys may still be able to challenge the legality of blood tests or tests to determine if you were under the influence of psilocybin or other drugs.
Penalties for Psilocybin “Shroom” Possession in Wildwood
If you were arrested for psilocybin possession in Wildwood, South Jersey, or anywhere in the State of New Jersey, the potential punishments are the same. First, you may face arrest and jail time. Second, police may, as part of an arrest, search you for other drugs and may even draw blood to determine whether you are under the influence. Then, you will be scheduled for a court date where you can begin fighting against the charges. When facing serious charges like those for drug possession crimes, always consult an attorney; don’t face charges alone.
If you are convicted of drug possession crimes, you could face serious jail time. Under New Jersey’s drug “Schedules,” psilocybin is a Schedule I drug, which ranks it alongside heroin and as more dangerous than cocaine. Because of this classification, psilocybin possession ranks as one of the highest drug possession crimes.
Psilocybin mushroom possession is a third degree crime, punishable by three to five years in prison. In addition, the typical maximum fine for a third degree crime is increased from $15,000 to $35,000 for this offense.
South Jersey Drug Possession Lawyer
Do not put your freedom on the line if you were charged with magic mushroom possession in South Jersey. Call the Atlantic City drug possession lawyers at The Law Offices of John J. Zarych today. Our attorneys may be able to challenge the evidence against you, and fight to get charges dropped, or to get charges or sentences reduced. For your free consultation with our experienced criminal defense lawyers, call (609) 625-3006 today.