New York Psychedelic Mushrooms
Psychedelic mushrooms, magic mushrooms, caps and 'shrooms are the street names for psilocybin mushrooms. Psilocybin mushrooms with psychotropic fungus containing psilocybin. Psilocybin is a Schedule I controlled substance that are also hallucinogens. They are available raw, dried, or cooked. When used they produce hallucinations involving distorted colors, shapes and sounds. They also caused slow movement and disorientation. They effects can last up to 9 hours. Long-term effects include flashbacks and anxiety. Psychedelic mushrooms are illegal to possess, distribute and cultivate in New York. That means that it is illegal to grow psychedelic mushrooms even for your own personal use. Should you commit a drug crime involving psychedelic mushrooms you may be sentenced to several years in prison and be required to pay a heavy fine. If you have been charged with possessing or distributing psychedelic mushrooms, it is critical that you contact a knowledgeable New York drug crimes lawyer who will explain to your legal options and aggressively defend you against the charges.
The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as assault, domestic violence and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.Types of psychedelic mushroom drug crimes
If you possess or distribute psychedelic mushrooms you will face a charge related to the criminal possession of a controlled substance charge or a criminal sale of a controlled substance charge.Psychedelic mushroom possession crimes
In New York it is against the law to possess any amount of psychedelic mushrooms. This means that if you are found to be cultivating them or if you have them in some other form, such as dried or cooked, you will face a possession charge regardless of the amount. The minimum charge that you will face is 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. N.Y. Pen. Law § 220.03
The remaining psychedelic mushroom crimes are felonies. If you possess at least 25 milligrams of psychedelic mushrooms or another hallucinogen, you will be charged with criminal possession of a controlled substance in the fourth degree . It is a class C felony. N.Y. Pen. Law § 220.09. The penalty if convicted is up to 15 years in prison. If you have at least 125 milligrams, then the charge will be criminal possession of a controlled substance in the third degree . It is a class B felony that could send you to prison for up to 25 years. N.Y. Pen. Law § 220.16. The most serious psychedelic mushrooms charge is criminal possession of a controlled substance in the second degree . This is the charge for possessing at least 625 milligrams. Because it is a class A-II felony, if you are convicted you may be sentenced to prison for the rest of your life. N.Y. Pen. Law § 220.18Sale of psychedelic mushrooms offenses
A more serious crime than possessing psychedelic mushrooms is selling them. Selling means exchanging psychedelic mushrooms for money, exchanging them for something other than money, disposing of them to another person or even giving them away. You can even face an psychedelic mushrooms selling charge if you simply make an offer or an agreement to sell them. Criminal sale of a controlled substance in the fifth degree is the minimum charge that you could face for selling psychedelic mushrooms or any other hallucinogen. It is a class D felony. N.Y. Pen. Law § 220.31. The possible sentence is up to 7 years in prison.
The other two felony criminal sale of a controlled substance charges included criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the second degree . You will face the third degree charge if you sell at least 25 milligrams of psychedelic mushrooms or other hallucinogen. It is a class B felony. N.Y. Pen. Law § 220.39. The sentence is up to 25 years in prison. The second degree charge involves selling at least 125 milligrams of psychedelic mushrooms or other hallucinogen. It is a class A-II felony. N.Y. Pen. Law § 220.41. The possible sentence is up to life in prison.
If you sell psychedelic mushrooms on or near a school bus, in or near a child day care center, or in or near a school or other educational facility, you may also face a charge of 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. N.Y. Pen. Law § 220.44
Intent to sell psychedelic mushrooms or any other controlled substance can be gleaned from the amount of the drug you have. If you have at least 25 milligrams of psychedelic mushrooms selling offense, you will also face the charge of criminal possession of a controlled substance in the fifth degree which involves possessing a controlled substance with the intent to sell it. A class B felony. N.Y. Pen. Law § 220.16Sentencing
Psychedelic mushrooms drug crimes range from a class A misdemeanor to a class A-II felony. Penalties may include probation, jail, prison, fines, or a combination. The sentence that you receive will be based on several factors including the classification of the crime and your criminal background. First offenders will receive lighter sentences than those with prior felony convictions.
If you have a substance abuse problem that has contributed to your criminal activity you may be eligible for an alternative sentencing program called Drug Treatment Court. If you are eligible for the program, you must plead guilty to the criminal charges and agree to abide by the conditions of the Drug Treatment Court program. If you successfully complete the program, the judge will take this into consideration in resolving your criminal case. The judge may give you a light sentence, may reduce the charges or may even dismiss the charges.Contact the Law Offices of Stephen Bilkis & Associates
If you are convicted of possessing or cultivating psychedelic mushrooms, selling psychedelic mushrooms, or any other psychedelic mushrooms crime in New York, you could be sent to prison for several years. Penalties for controlled substance crimes tend to be heavy, involving both prison time and substantial fines. You will also end up with a criminal record that includes a felony drug conviction. Because of these potential severe consequences of a conviction, if you have been charged with a psychedelic mushrooms drug offense you should immediately contact an attorney who has experience defending those accused of crimes related to drugs. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of drug possession, drug distribution, drug paraphernalia, drug manufacturing, and other drug offenses. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.