Penalties for Trafficking Magic Mushrooms in Fort Lauderdale

Magic mushrooms are some of the most popular recreational drugs in Florida. According to the National Institutes of Health, the consumption of these mushrooms likely began before humanity even evolved – and there is evidence that even early hominins such as Neanderthals ate them. Today, many Florida residents face criminal consequences for trafficking these psychedelic substances. What happens if you were accused of trafficking magic mushrooms in Fort Lauderdale?

Psilocybin Mushrooms Are Schedule I Drugs 

In Florida, psilocybin mushrooms are Schedule I drugs. In other words, law enforcement considers them to be as dangerous as crystal methamphetamine and heroin. Although this might seem ridiculous to recreational users of mushrooms, there is no arguing with the letter of the law.

For the vast majority of Schedule I drugs, possession of over 10 grams can trigger drug trafficking penalties. This is a first degree felony with a maximum sentence of 30 years in prison. Even if you possess less than 10 grams, you still face a third degree felony and a potential prison sentence of 5 years. In addition, there is a mandatory minimum sentence of at least three years for trafficking Schedule I drugs.

Lack of Intent or Knowledge is a Potential Defense Strategy 

Since the late 70s, courts in Florida have agreed that a defendant must understand that their mushrooms contain psilocybin to face penalties for possession or trafficking. If you merely picked a few wild mushrooms without properly identifying them, you cannot face penalties for drug offenses in Florida. This is an important point, because there are many wild mushrooms in Florida that contain psilocybin. Perhaps the most notable example is the legendary “philosopher’s stone” mushroom, which reportedly contains high concentrations of hallucinogens.

Legal Mushrooms Dispensaries Have Existed in Florida for Years 

Gradually, states across the nation are becoming more accepting of hallucinogenic mushrooms – and Florida is no exception. In 2022, a hemp dispensary in Tampa made headlines for becoming the first legal magic mushroom dispensary in the state. If a brick-and-mortar store can sell magic mushrooms in broad daylight, you might be wondering why you can’t do the same.

The answer involves a legal loophole. Unlike other magic mushrooms, the fungi sold at this particular establishment do not contain the mind-altering chemical psilocybin. It is this particular chemical that is illegal – and not necessarily the mushroom itself. As long as the mushrooms do not contain this chemical, they are completely legal to possess. Judging by the unimpeded operation of the dispensary, one would assume that they are also legal to sell in Florida without any issues.

Find a Qualified, Experienced Drug Trafficking Defense Attorney in Fort Lauderdale 

If you have been searching for a qualified, experienced criminal defense attorney in Fort Lauderdale, look no further than Haber Blank. We know that the legal status of magic mushrooms in Florida can be quite confusing. To approach your charges with a sense of efficiency and clarity, consider booking a consultation at your earliest convenience. With our assistance, you can formulate an effective defense strategy.

Sources: 

dea.gov/sites/default/files/2021-12/Trafficking%20Penalties.pdf

rflawgroup.com/as-awesome-as-it-may-be-floridas-own-philosophers-stone-mushroom-is-a-schedule-i-controlled-substance/