CRIMINAL DEFENSE
DIVORCE
TRIALS AND APPEALS

ALABAMA DRUG CHARGES – MUSHROOMS

Alabama Drug Charges

Are Magic Mushrooms Illegal in Alabama ?

Possession of Psychedelic Mushrooms may lead to Alabama Drug Charges

Possession of certain species of mushrooms is illegal in Alabama and can result in Alabama drug charges. Commonly referred to a “magic mushrooms” these species of mushroom contain the chemical compounds of “Psilocybin” and Psilocyn.” both are hallucinogenic substances.

Some Mushrooms Contain Chemicals that are Controlled Substances

Both psilocybin and psilocyn are listed as controlled substances in the Alabama Drug Schedules. They are listed in Schedule I at § 20-2-23(b)(3)(o) and § 20-2-23(b)(3)(p).  

Drugs, and the substances and chemical that they consist of are classified by state and federal governments into five categories, called schedules. Which schedule a drug is assigned to depends on the drug’s acceptable medical use and the drug’s abuse or dependency potential. A primary consideration when scheduling drugs is the abuse rate of the drug. Schedule I contains those drugs that have the highest level of abuse and the highest potential for abuse. The level of abuse or abuse potential decreases as the schedule number rises. Therefore, drugs with the least potential for abuse would appear in schedule V. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.

Other examples of drugs in Schedule I are heroin, lysergic acid diethylamide (LSD), marijuana, 3,4-methylenedioxy methamphetamine (ecstasy), methaqualone. and peyote.

Possession is Charged as a Felony Offense in Alabama

Possession of illegal mushrooms is charged as a Class D felony Alabama drug charge under Alabama Code § 13A-12-212 if they are merely possessed. A Class D felony in Alabama is punishable by a prison sentence of not more than 5 years or less than 1 year and 1 day. Fines can also be given of up to $7,500. See Alabama Code § 13A-5-6 and 13A-5-11. Class D felonies in Alabama have special conditions attached to them in terms of the habitual or repeat offender law. More about the punishment of a Class D felony.

An Alabama Drug Charge of Distribution is Also Possible

If a person is selling, giving away, or in any way transferring the mushrooms, they can be charged with the more serious charge of possession with intent to distribute a controlled substance under Alabama Code § 13A-12-211. Possession with intent to distribute is a Class B felony Alabama drug charge. for distribution where there is actual distribution, a Class B Felony.  I do not think it can be charged under either possession with intent under § 13A-12-211(c) or under the trafficking statute, § 13A-12-231, because the substances are not specifically listed in those offenses. A Class B felony can carry a prison sentence between 2 and 20 years. See Alabama Code § 13A-5-6.

For More Information See the U. S. Department of Justice Information On Psychedelic Mushrooms