Morris County Possession of Mushrooms Attorneys

Experienced Drug Lawyers Advocating for Clients Charged with Mushroom Possession in New Jersey

Mushroom Possession Defense Lawyers in Morristown NJ“Magic” mushrooms, or psilocybin, have been used for thousands of years as medicine, specifically by indigenous populations around the world. Johns Hopkins, through preliminary studies, proposes that psilocybin may help its users quit smoking and treat depression and anxiety.  Phase III clinical trials are pending, and once completed, the FDA can reclassify it as a Schedule IV drug rather than a Schedule I.

Studies in animals and humans indicate a low potential for abuse or addiction.  Rats received psilocybin when they pushed a lever.  It is worth noting that they didn’t keep pushing the lever as they do when given drugs such as cocaine, alcohol, or heroin.  Moreover, studies show the drug poses the least harm to its users as there is no potential for lethal overdose as no one has ever reached a lethal level.  That isn’t to say that psilocybin is risk-free, but it is relatively significantly less harmful than other Schedule I drugs. Researchers believe that the use of psilocybin should be administered by trained personnel under a tightly controlled healthcare setting, and the user must be monitored closely.

Despite the benefits, researchers have demonstrated with the controlled use of psilocybin in patients with severe anxiety or depression, the use, sale, and growth of magic mushrooms is illegal at the federal level across all states.  Colorado and Oregon are the only states to legalize its use. It has been decriminalized in Seattle, Washington; Ann Arbor, Michigan; Oakland and Santa Cruz, California; Somerville and Cambridge, Massachusetts; and Washington, D.C.  Decriminalization is when a law stays in place but isn’t enforced.  When something becomes legal, the law formally prohibiting an act is removed completely.

If you’re facing charges for possessing hallucinogenic mushrooms in Parsippany, Hanover, Mount Olive, Morristown, Roxbury, and towns in Morris County or New Jersey, it’s crucial to seek legal representation promptly. Our skilled criminal defense attorneys with local offices in Morristown, New Jersey are well-versed in the recent classification changes, which can significantly impact the outcome of your case. Reach out to us at (908)-336-5008 to arrange a complimentary consultation.

A Comprehensive Overview of History, Dosage, and Effects of Hallucinogenic Mushrooms

Hallucinogenic mushrooms have been used since the times of Ancient Egypt and the Aztecs, in native cultures around the world, and at present, as medicine for particular conditions.  Psilocybin soared in popularity in the U.S. in the 1960s, known as the Psychedelic Era.  One can take these mushrooms by eating them in a dried state, steeping them in hot water, cooking with them in a powdered form, adding powdered mushrooms to a beverage, or in a capsule containing mushroom powder. Taking a capsule is the only manner in which an exact dose can be determined.

Scientists have discovered that with proper assistance, patients can consume hallucinogenic mushrooms to combat anxiety and depression.  It is vital that the mushrooms be administered in a healthcare setting because their effects can vary significantly from person to person.  Characteristics such as age, weight, how much a person has eaten that day, the surroundings, previous experience with drug use,  and the patient’s expectations can all have an affect on the experience.

Thirty minutes after consuming the mushrooms, the effects begin to be acknowledged and will last for three to six hours.  Some effects that have been reported are a feeling of euphoria, visual or auditory hallucinations, feeling that your body is weightless or very heavy, and having a spiritual or religious experience.  It is essential to mention that this sense of calm can last for days, sometimes weeks.

Not all effects of magic mushrooms are great. Unpleasant side effects are nausea and vomiting, dizziness, irregular or racing pulse, chills, high blood pressure, and numbness in the tongue or mouth.  Some patients have reported having a “bad trip,” which includes feelings of great fear and paranoia.  A skilled professional can usually guide users away from a negative experience.  That is why it is of the utmost importance that users, especially inexperienced ones, use mushrooms in a controlled environment.

New Jersey’s New Approach to Psilocybin Offenses

As of February 2021, New Jersey Governor Phil Murphy gave the green light to legislation proposed by Senator Nicholas Scutari, which changes the penalties for psilocybin. Possession of up to one ounce of psilocybin is a disorderly persons offense, which carries a maximum of six months in jail and a $1,000 fine, as opposed to a third-degree crime, which carries a 3-to-5-year prison term and a fine of $15,000.

Hallucinogenic Mushroom Possession Offenses Move from Superior Court to Municipal Court

The changes in the legislation moved the offense of possession from the Superior Court to the Municipal Court.  As a disorderly persons offense, the defendant can apply for expungement of their record after a term of five years.  All fines, classes, or community service must be completed, and there cannot be other charges pending to have the offense wiped from their criminal record.

Defense for Mushroom Possession Charges in Parsippany NJ

Legal Consequences of Larger Quantities of Mushrooms

Possession of less than one ounce is a disorderly persons offense.  If the quantity of psilocybin is greater, the defendant could be charged with possession with intent to distribute, which carries heavier penalties. In New Jersey, disorderly persons offenses, although not considered indictable crimes per se, are still criminal offenses and can result in a criminal record.  Expungement is possible under certain conditions mentioned previously.

Let our Team Of Morristown NJ Drug Crime Lawyers Defend Your Mushroom Possession or Distribution Charges

If you have been charged with possession of mushrooms anywhere in the Morris County or New Jersey area, it is in your best interest to contact a criminal attorney as soon as possible.  Before you give a statement to the police, talk to our accomplished criminal defense lawyers who can give you the advice and guidance you need to obtain the best possible result.

The Morris County Criminal Law attorneys at our law firm have a team of seasoned professionals waiting to take your case in Jefferson, Chatham, Riverdale, Netcong, Pequannock, Denville, Rockaway, Dover, and towns across Morris County, New Jersey.  We have helped many clients who have been in your circumstances with favorable results.  Our attorneys know how to analyze each aspect of a case, working it from every angle to your benefit.

If you would like a free consultation, contact us at (908)-336-5008 or complete a contact form online.  Let us provide the legal protection you need.

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

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Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.