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Are Magic Mushrooms Illegal?

Michael Cohen • November 9, 2022

Magic mushrooms are a type of psychedelic drug in Wisconsin. Given the potential side effects, Wisconsin has strict laws when it comes to magic mushrooms, LSD, MDMA, and similar substances. If a police officer catches you possessing one of these drugs, you might be looking at hefty penalties, including high monetary fines.

The state prosecutor has the sole legal burden of proof in any criminal case. For you to incur penalties, the prosecutor must establish all of the legal elements beyond a reasonable doubt. The accused individual does not need to prove anything in their case or even testify at a bench or jury trial.

If you find yourself facing criminal charges for drug possession, it is important that you seek legal counsel right away. The experienced attorneys at Cohen Law Offices can defend you against your criminal drug charge and represent you at all court proceedings in your case.

 

Magic Mushrooms vs. Magic Mushroom Spores


Magic mushrooms are illegal in Wisconsin. The main chemical compound in these mushrooms is psilocybin — a Schedule I Substance under the state criminal statute. Some experts recommend that the state authorities reclassify psilocybin due to its relatively low risk and high therapeutic benefits. However, this re-classification has not happened to date.


Although possessing magic mushrooms is illegal, magic mushroom spores are legal because the spores do not contain the chemical compound psilocybin. However, it is against the law to grow mushrooms to maturity. Once they reach maturity, the mushrooms begin producing the illegal substance.


Potential Penalties for Magic Mushroom Possession

If a police officer catches you possessing a Schedule One Substance, you may be looking at serious penalties upon conviction. A sentencing judge can impose these penalties in court. Possessing a psychedelic mushroom can result in a maximum of one year in jail. Additionally, the judge may sentence you to pay a maximum monetary fine of $5,000.

In addition to the potential legal penalties associated with a criminal drug conviction, you may also incur various collateral consequences. For example, you might have trouble finding a place to live, getting into the educational institution of your choice, or finding a job because many landlords, educational institutions, and employers perform online criminal background checks on applicants. If they determine that you have a criminal drug conviction on your record, that might weigh negatively on their decision.


Speak With a Knowledgeable Criminal Defense Attorney About Your Pending Legal Matter Today

Criminal drug charges are extremely serious, and a conviction can subject you to high monetary fines and even jail time, depending upon your case circumstances. Our skilled legal team can represent you during every stage of your case and work to obtain the best possible result for you. For a free case evaluation and consultation with a skilled criminal defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.