Are Mushrooms Legal In New Jersey in 2024?
In February 2021, New Jersey Governor Phil Murphy approved legislation authored by state Sen. Nicholas Scutari, which lightened the penalties for psilocybin possession, the primary compound in magic mushrooms. This shift in policy changed the categorization of psilocybin possession from a third-degree crime to a disorderly-persons offense within New Jersey. Under this legislation, holding a small quantity can lead to a fine of up to $1,000 and a prison sentence of a maximum of six months.
This piece of legislation is pushing to legalize this psychedelic substance for adult use in treating conditions like depression and anxiety within the state. The bill aims to create a structured, legal, and therapeutic system for the use of psilocybin in addressing mental health.
Titled the Psilocybin Behavioral Health Access and Services Act or S2934, the legislation proposes that adults 21 and older in New Jersey would be allowed to “have, store, consume, breathe in, process, transport, give away, or share up to four grams or less of psilocybin.”
Moreover, the bill permits adults to cultivate, nurture, and prepare plants or fungi that produce psilocybin for individual consumption, provided it remains inaccessible to those under 21.
If you find yourself facing legal concerns related to mushroom possession, it is crucial to seek assistance from a New Jersey drug crimes lawyer. At Lustberg Law Offices, our lawyers have the knowledge and resources to protect your rights and build a strong defense. Whether you’re dealing with psilocybin mushrooms or other substances, we’re committed to helping you understand the legal implications and advocating for your best interests. Contact us today to schedule a consultation and take the first step toward resolving your case.
What Is the Penalty for possession of shrooms in New Jersey?
In New Jersey, the legal consequences for dealing with psychedelic mushrooms are severe, reflecting the state’s stringent drug laws. Under the N.J.S.A.2C:35-5, the penalties are categorized based on the amount of mushrooms involved.
If an individual is caught distributing, selling, or possessing psychedelic mushrooms with a total weight of one ounce or more, it is classified as a second-degree crime. A second-degree crime in New Jersey can lead to a prison sentence ranging from 5 to 10 years and fines that can go up to $150,000. This classification underscores the state’s stringent approach to the possession and distribution of larger quantities of psychedelic substances
For quantities less than one ounce, the offense is now classified as a disorderly person’s offense rather than a third-degree crime. The penalties for this offense include a maximum of six months in jail and a fine of up to $1,000. The previous classification of such possession as a third-degree crime, which carried penalties of 3 to 5 years in prison and fines up to $35,000, has been reduced to reflect the reclassification.
Understanding these legal distinctions is crucial for anyone in New Jersey, as even possessing small amounts of psychedelic mushrooms can lead to serious criminal charges. The state’s tough stance on drug-related offenses is designed to deter both the distribution and use of controlled dangerous substances, including psychedelic mushrooms. It is highly recommended to seek legal advice and representation from an experienced New Jersey drug crimes lawyer if facing such charges.
What is Considered Hallucinogenic Mushroom Possession?
Simple possession in New Jersey under N.J.S.A. § 2C:35-10 is simply having the mushrooms on you. Under possession laws, it is unlawful to
- Obtain or possess them
- To use or be under the influence of them
- Fail to turn those in your possession over to a law enforcement officer.
If you had these mushrooms with the intent to sell them to someone else or even just share them, you may face higher penalties for distribution.
There are two ways to prove the “possession” element. One is by proving “actual” or constructive possession. It is easy to prove actual possession if drugs are found on your body, in your pockets, or in your mouth. This type of charge can be very difficult to overcome since the case is so biased against you. However, in cases of “constructive”, possession, the possession element could be challenged. Constructive possession is when you claim to have something, but the item is not in your possession at the time of the arrest. To prove you were in constructive possession of a drug the police must show that you knew that it existed and were able to control it. If drugs were found in shared areas, were hidden, or locked away, the law enforcement people may be unable to prove that you had the drugs in your possession at all.
Due to the way that the statute was written, police can always prove possession if they show evidence of drug use. Drug use is also a violation of N.J.S.A. § 2C:35-10. You must be physically present to possess drugs.
| Topic | Details |
|---|---|
| Psychoactive Nature of Hallucinogenic Mushrooms | Hallucinogenic mushrooms contain psilocybin, a psychoactive compound classified as Schedule I. |
| NJ Mushroom Decriminalization | NJ decriminalized possession up to one ounce; penalties reduced to max $1,000 fine or 6-month jail, reclassified to disorderly person’s offense. |
| Status of Possession | Possession/sale remains criminal; <1oz possession now disorderly person’s offense. |
| Criteria for Possession | Illegal under N.J.S.A. § 2C:35-10: obtain, possess, use, influence, or not surrender mushrooms to law enforcement. |
| Impact of Amount | Larger amounts may lead to Possession with Intent to Distribute charges. |
| Immigration Status | Conviction under N.J.S.A. § 2C:35-5 can impact immigration, potentially leading to deportation or citizenship ineligibility. |
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