Do I Need a Lawyer for a Psilocybin Crime?
YES! A Psilocybin conviction has potentially lifelong consequences, such as prison time, loss of constitutional rights, and a felony conviction on your criminal record. Our team is experienced in these matters and would love to help protect you!
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What is Psilocybin?
Psilocybin, also known as mushrooms, is a drug that produces hallucinations. These mushrooms are found throughout Central and North America. Psilocybin mushrooms are primarily consumed orally, but can also be consumed via snorting in powder form or injection. These mushrooms are typically cooked into food or mixed into tea for oral consumption.
Common Psilocybin Street names include:
Mushrooms
Magic Mushrooms
Shrooms
To learn more about Psilocybin, visit the DEA’s website.
Under Texas Health & Safety Code §§ 481.102 – 481.105, drugs like Psilocybin, are classified into four different penalty groups:
Penalty 1/1A/1B
Penalty 2/2A
Penalty 3
Penalty 4
Psilocybin is categorized under Penalty Group 2/2A under Texas Law. Penalty Group 2/2A are mainly hallucinogens, not as severe as Penalty Group 1/1A drugs, and are considered to be ‘soft’ drugs. Penalty Group 2/2A drugs are not as addictive as Penalty Group 1/1A drugs and some even have medical effects.
Potential punishment for Psilocybin offenses differs depending on the type of offense. In Texas, there are three different types of drug offenses – possession, manufacture, and delivery.
What is the Punishment Range for Psilocybin Possession Under Texas Law?
Possession of any amount of Psilocybin is a felony punishable by prison time. Possession means the care, custody, and control or management of Psilocybin (Tex. Penal Code § 1.07(a)(39).
The range of punishment is dependent on the weight/amount a person has in their possession:
Less than 1 Gram (POSS CS PG2 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and up to a $10,000 fine.
One to Four Grams (POSS CS PG2 1-4G), Third Degree Felony, punishable between two years to ten years in prison and up to a $10,000 fine.
Four to 400 Grams (POSS CS PG2 4-400G), Second Degree Felony, punishable between two years to twenty years in prison and up to a $10,000 fine.
400 Grams or More (POSS CS PG2 >400G), First Degree Felony, punishable between five years to 99 years in prison, and up to a $50,000 fine.
What is the Punishment Range for Psilocybin Manufacturing and Delivery?
The manufacture, delivery, or possession with intent to deliver any amount of a Penalty Group 2 Controlled Substance is a felony punishable by prison time. The Manufacture of a controlled substance refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by extraction from substances of natural origin and includes the packaging of the substance or labeling of its container. (Tex. Controlled Substances Act § 481.002(25)); whereas, the delivery of a controlled substance refers to the transfer of a controlled substance to another (Tex. Controlled Substances Act § 481.002(8)).
The range of punishment is dependent on the weight/ amount and is much more severe than simple possession:
Less than 1 Gram (MAN/DEL CS PG2 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and up to a $10,000 fine.
One to Four Grams (MAN/DEL CS PG2 1-4G), Second Degree Felony, punishable between two years to 20 years in prison and up to a $10,000 fine.
Four to 400 Grams (MAN/DEL CS PG2 4-400G), First Degree Felony, punishable between 5 years to 99 years in prison and a fine up to $10,000.
400 Grams or More (MAN/DEL CS PG2 >400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.
How to FIGHT - Contact Us for a FREE Consultation with our Tarrant County Criminal Defense Lawyers:
If you or a loved one are facing a Psilocybin offense, you need a dedicated criminal defense lawyer to be on your side! A Psilocybin Conviction carries substantial prison time, permanently stains your criminal record, and results in numerous collateral consequences.
The Law Offices of David Sloane have prepared and experienced attorneys ready to FIGHT FOR YOU!
Our Tarrant County Criminal Defense Lawyers have helped thousands of clients fight Psilocybin related cases in Texas and throughout the greater Dallas – Fort Worth Area, such as: