New York Psychedelic Mushrooms Frequently Asked Questions

Psychedelic mushrooms, also referred to as magic mushrooms, caps, or ‘shrooms, are an illegal hallucinogenic drug. It is a crime to knowingly possess, sell or manufacture mushrooms. Because mushrooms are considered an illegal controlled substance, the most common charges related to psychedelic mushrooms, are criminal possession of a controlled substance or criminal sale of a controlled substance. If mushrooms are found on you or near you, and there is no evidence that you are selling it, then the charge you will face is a criminal possession charge. If there is evidence of selling, then you will face a criminal sale charge. Regardless of whether you are charged with possession or sale, it is up to the prosecutor to prove that you are guilty of the charge. If you are facing a charge related to psychedelic mushrooms, it is important that you have an experienced New York psychedelic mushrooms lawyer on your side to vigorously defend you against the charges.

If you are found with psychedelic mushrooms, and if there is no evidence that you were selling them, then you will likely be charged with a criminal possession of a controlled substance crime. This means that if you are found with mushrooms on your person in any form, you will be charged with a drug offense. If there are mushrooms near you and there is evidence that there were under your control, you will be charged. If you are found to be cultivating mushrooms, you will be charged.

The specific possession charge will be based on the amount of the drug that is involved:

• Criminal possession of a controlled substance in the seventh degree. It is a class A misdemeanor. The potential sentence is up to 1 year in jail. You will face this charge if you have less than 25 milligrams of the drug.
• Criminal possession of a controlled substance in the fourth degree. It is a class C felony. You will face this charge if you possess at least 25 milligrams of psychedelic mushrooms or another hallucinogen. The possible sentence includes up to 15 years in prison.
• Criminal possession of a controlled substance in the third degree. It is a class B felony. If you have at least 125 milligrams, the prosecutor will charge you with third degree possession. The possible sentence is up to 25 years.
• Criminal possession of a controlled substance in the second degree. This is the charge for possessing at least 625 milligrams of psychedelic mushrooms. It is a class A-II felony. If you are convicted you may be sentenced to life in prison.

In order for you to be convicted of any possession crime, the prosecutor must prove that you “knowingly” possessed the drug. An experienced New York psychedelic mushrooms lawyer will explain what “knowingly” means, and will use every possible defense to win a favorable result in your case.

Under New York law, “selling” controlled substances refers to a number of activities related to distribution. It can refer to exchanging psychedelic mushrooms for money. It can mean exchanging psychedelic mushrooms for another type of property or for a service. It can also mean giving it away, or disposing of it. In some instances law enforcement actually observes a sale. There are other cases in which law enforcement will infer intent to distribute based on the amount of drug, the presence of large amounts of money, and the presence of equipment such as scales or baggies.

Just like with possession charges, the specific charge that you will face will depend on the amount of the psychedelic mushrooms involved.

• Criminal sale of a controlled substance in the fifth degree. It is a class D felony with a possible sentence of up to 7 years in prison. You will face this charge if sell or intend to sell less than 25 milligrams of psychedelic mushrooms.
• Criminal sale of a controlled substance in the third degree. It is a class B felony. You will face this charge if you sell or intend to sell at least 25 milligrams of psychedelic mushrooms. The possible sentence includes up to 25 years in prison.
• Criminal sale of a controlled substance in the second degree. This is the charge for selling or intending to sell at least 125 milligrams of psychedelic mushrooms. It is a class A-II felony. If you are convicted you may be sentenced to life in prison.

As with any criminal charge, there may be aggravating circumstances that subject you to an additional charge, or that will make the sentence more severe. In the case of the crime of selling psychedelic mushrooms, if you do so or near a school bus, in or near a child day care center, or in or near an educational facility, you may also face an additional charge, called criminal sale of a controlled substance in or near school grounds. It is a class B felony with a possible sentence of up to 25 years in prison.

While New York has sentencing guidelines for drug offenses, as a psychedelic mushrooms attorney in New York will explain, there are many factors that go into sentencing and the sentencing judge will have a great deal of discretion in determining your sentence. While in most cases your sentence is likely to include at least some prison, the amount of prison will depend on aggravating and mitigating factors associated with your case. For example, if you have a prior criminal history, used violence in the commission of the crime, and were not cooperative with law enforcement, your sentence is likely to approach the more severe end of the what the guidelines allow. On the other hand if you are a first time offender, showed remorse, and cooperated with law enforcement, your sentence is likely to be on less severe end of the guidelines. In addition, you may even be eligible for alternative sentencing that will allow you to avoid prison altogether.

Drug possession and drug selling charges are serious and could result in you spending years in prison. As experienced psychedelic mushroom attorneys serving New York, our goal is provide a strong defense that pokes holes in the prosecution case so that the case will be resolved in a favorable manner. Contact the experienced staff at the Law Offices of Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.