Laws concerning low-level drugs have been changing around our country over the past few years. Some drug laws are in a state of flux in certain areas of the country, with several states reconsidering outdated drug classifications. Much of this change is in response to the ineffectiveness of current drug use and drug trafficking laws, as well as the significant impact drug offense charges can have on an offender’s life.
While hallucinogenic mushrooms are still classified as Schedule I drugs in New Jersey, possession of small amounts has been reclassified. Now, instead of being charged with possession of a controlled substance, individuals found with one ounce or less of these mushrooms will face a maximum penalty of six months in jail and a fine of up to $1,000 under the new classification.
Before you make any decisions, it is crucial to consult with a New Jersey drug crimes lawyer. At Lustberg Law Offices, LLC, our experienced attorneys can provide legal guidance regarding mushroom possession in New Jersey. Whether it’s a felony charge or not, knowing your rights and the potential consequences is vital. Contact us today at (201) 880-5311 to protect your rights and explore your legal options.
The Psychoactive Nature of Hallucinogenic Mushrooms
The federal government first banned “psychedelic” mushrooms back in 1970 as part of the nation’s efforts to stop recreational drug use. But since the Nixon-era “war on drugs,” much of the nation’s response has been ineffective and expensive, often targeting the lowest-level offenders.
Hallucinogenic mushrooms contain a compound called psilocybin. This compound has psychoactive effects and has been considered a Schedule I drug under the Controlled Substances Act. But like other cases of low-level psychoactive substances, New Jersey still groups them with other more harmful drugs such as heroin and cocaine which carry a much higher risk for abuse.
New Jersey Drug Crimes Lawyer
Adam M. Lustberg
Adam M. Lustberg is an experienced New Jersey lawyer who has dedicated his career to defending individuals accused of serious offenses. His passion for criminal defense began while interning at the Essex County Public Defender’s Office during law school and continued through Seton Hall’s Juvenile Justice Clinic, where he represented juveniles in their first court proceedings. Since then, he has handled criminal cases at every stage of the process and has argued on behalf of defendants at more than 30 detention hearings under New Jersey’s criminal justice reform system.
Licensed in both New Jersey and New York, Adam has represented clients charged with drug possession, distribution, trafficking, and related offenses, as well as crimes ranging from aggravated assault to homicide. With over 14 years of experience, he is known for his meticulous preparation, strong advocacy, and commitment to achieving the best possible outcomes for his clients. Recognized as one of the region’s top defense attorneys, Adam has earned a perfect 10/10 Avvo rating, multiple Super Lawyers – Rising Stars honors, and inclusion in The National Trial Lawyers Top 100.
Recent Legislative Developments on Psilocybin in New Jersey
In October 2024, the New Jersey Senate Budget and Appropriations Committee advanced a bill aimed at legalizing the therapeutic use of psilocybin, the active compound in psychedelic mushrooms. This legislation proposes a regulated framework to administer psilocybin for individuals dealing with conditions such as depression, anxiety, PTSD, and cluster headaches.
The proposed bill includes the creation of a 15-member advisory board within the New Jersey Department of Health. This board would be responsible for developing guidelines over an 18-month period, including licensing procedures and safety protocols for psilocybin services. Notably, the legislation emphasizes that psilocybin administration would occur exclusively in controlled, clinical settings under professional supervision, explicitly excluding recreational use.
Supporters of the bill emphasize psilocybin’s potential as a non-addictive treatment for patients who have not responded to traditional therapies. Testimonies from individuals, including those suffering from severe cluster headaches, highlight the therapeutic benefits that psilocybin can provide. Despite this, some lawmakers remain cautious, citing the need for further research on its safety and effectiveness.
As of December 2024, the bill is awaiting consideration by the full New Jersey Senate. If passed, New Jersey would join other states taking steps to explore the medical potential of psilocybin within a structured and regulated framework.
Are Mushrooms Legal?
In February 2021, New Jersey Governor Phil Murphy approved a 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, LLC, our lawyers have the knowledge and resources necessary to protect your rights and build a strong defense. Whether you’re dealing with psilocybin mushrooms or other substances, we can help you understand the legal implications and advocate for your best interests. Contact us today to schedule a consultation and take the first step toward resolving your case.
What Are The Charges for Mushrooms in New Jersey?
In New Jersey, the legal consequences for dealing with psychedelic mushrooms are severe, reflecting the state’s stringent drug laws. Under N.J.S.A. 2C:35-5, the penalties are categorized based on the amount of mushrooms involved and whether the charge involves possession for personal use or possession with intent to distribute.
If an individual is caught distributing, selling, or possessing psilocybin mushrooms with intent to distribute in 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 strict approach to the distribution of larger quantities of psychedelic substances.
For simple possession of one ounce or less, the offense is now classified as a disorderly persons 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.
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 you are facing such charges.
NJ Mushroom Decriminalization
New Jersey has joined the movement of US states decriminalizing mushrooms, which contain the psychedelic compound psilocybin. New Jersey Governor Phil Murphy has approved a bill that reduces the penalty for possessing up to one ounce of the mushrooms, with a maximum $1,000 fine or a six-month jail sentence. Psilocybin was previously listed with drugs such as heroin and cocaine resulting in penalties of up to five years in prison and a $25,000 fine. Possession of psilocybin is now recategorized from a third-degree offense to a disorderly person’s offense.
This decision follows Oregon’s choice to become the first US state to decriminalize psilocybin mushrooms in November 2020, with the drug now completely legalized for medicinal use. Although psilocybin has been demonstrated to be effective in treating various mental health conditions such as anxiety, depression, and addiction, it remains illegal under federal law in the US.
Decriminalizing psilocybin is part of the wider movement to reform drug laws in the US. Several states have already legalized marijuana for both medical and recreational use, and others are expected to follow. Studies into the therapeutic potential of psychedelics, including psilocybin and LSD, are also ongoing, with a focus on treating mental health conditions.
If it Has Been Reclassified, Is Possession of Mushrooms Still a Criminal Offense?
In recent years, some states and cities around the country have decriminalized psychedelic mushrooms, making them a low priority for law enforcement. In New Jersey, although possessing and selling hallucinogenic mushrooms is still a criminal offense, as of February 2021, possession of less than an ounce of these mushrooms has been reclassified as a disorderly persons offense. Someone caught with less than one ounce now faces up to six months in jail and/or a fine of up to $1,000, compared to previous much more serious penalties.
Possession of over an ounce of these mushrooms is still considered a serious drug offense. Possession of a Schedule I controlled dangerous substance, of which mushrooms are still considered, can be charged and prosecuted as a third-degree offense. If you are found with over an ounce of these mushrooms, you can still face up to 5 years in prison and fines of up to $35,000. Furthermore, you will have a criminal record that may follow you for the rest of your life.
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 were in possession of 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. However, in cases of “constructive” possession, the possession element could be challenged. Constructive possession is when you have control over where the substance is found, but do not have the item in your actual possession. The police must show that you knew that the substance existed and were able to control it. If drugs were found in shared areas, hidden, or locked away, law enforcement officers 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.
Will the Amount of Mushrooms in Possession Matter?
There are no steps-up provisions for heroin possession, but a judge will likely impose more severe sanctions if the drug is heavier than the minimum. If the amount of mushrooms possessed is sufficient, the police may also charge the defendant with Possession with Intent To Distribute. This has more severe consequences.
Defenses and Legal Rights After a Mushroom Arrest
Being arrested for possession of psilocybin mushrooms can feel overwhelming, but an arrest does not automatically equal a conviction. The law requires the prosecution to prove guilt beyond a reasonable doubt. This gives defendants important opportunities to raise defenses and protect their rights.
One common defense is challenging an illegal search and seizure. The Fourth Amendment protects people from unlawful searches. If police searched your home, car, or personal belongings without a valid warrant or probable cause, the evidence they found may be excluded in court. Without that evidence, the case against you may fall apart.
Another defense involves ownership and control of the substance. The prosecution must prove that the mushrooms belonged to you or were under your control. If you live with roommates or if the drugs were found in a shared space, it may be possible to show that you had no knowledge of them.
Entrapment can also be raised when law enforcement pressures or persuades someone into committing a crime they would not have otherwise committed. Undercover officers cannot legally coerce you into possession just to make an arrest.
Other defenses may include questioning whether the substances were properly tested, whether the lab used accurate procedures, or whether officers advised you of your rights at the time of arrest. Each of these issues can weaken the prosecution’s case.
Recognizing these defenses is crucial to protecting your future. A strong legal strategy can make a significant difference in how your case is resolved.
| Defense Strategy | Legal Basis | How It Can Help |
|---|---|---|
| Illegal Search and Seizure | Fourth Amendment | Evidence found through unlawful searches can be excluded, which may cause the case to collapse. |
| Lack of Ownership or Control | Requirement to prove possession beyond a reasonable doubt | If mushrooms are found in a shared space, it can be argued they were not yours. |
| Entrapment | Legal doctrine preventing coerced crimes | If law enforcement pressured you into possession, charges may be dismissed. |
| Improper Testing of Substances | Forensic lab standards and chain of custody rules | If the mushrooms were not properly tested or procedures were flawed, the results can be challenged. |
| Failure to Advise Rights | Miranda rights under the Fifth Amendment | Statements may be suppressed if police failed to inform you of your rights. |
How Will My NJ Mushroom Possession Conviction Affect my Immigration Status?
This is not an easy question. There are many consequences depending on your status and the charges you face. A conviction under N.J.S.A. 2C:35-5 is generally deportable. 2C:35-5 is extremely dangerous for your immigration status and could result in deportation or ineligibility for citizenship.
Get Experienced Legal Help Today
If you have been arrested and charged with possession of hallucinogenic mushrooms in New Jersey, you should get legal representation as soon as possible. At Lustberg Law Offices, LLC, our experienced New Jersey drug crimes lawyers understand the new classification and how it can make a big difference in how you are charged, prosecuted, and penalized. Call us at (201) 880-5311 or contact us online to schedule a no-cost consultation.
