There has been much discussion in recent years regarding the potential health benefits of psilocybin in small doses. Also commonly referred to as magic mushrooms, lawmakers have started to take notice. While the state is not ready to legalize mushrooms for recreational use, you can still donate to fund further research so psilocybin can be made legal in the future.
However, as of 2024, if you are in possession of magic mushrooms, you could be arrested and face criminal charges. Here is more about Indiana’s current laws on psychedelics and where to start with your criminal defense if you find yourself arrested and charged with possession of magic mushrooms.
Possession of Magic Mushrooms
Possession of psilocybin is considered a criminal offense in Indiana under Indiana Code § 35-48-2-4(d)(31). As described under the federal Controlled Substances Act (CSA), psilocybin is considered a Schedule I controlled substance. Depending on the amount of magic mushrooms you are accused of possessing, you could be facing misdemeanor or felony charges.
In this way, drug possession may be considered a wobbler crime. Not only could you be facing fines and incarceration, but a drug possession conviction on your record could destroy your reputation and limit your future opportunities. You may find yourself passed over for job and housing opportunities. Fortunately, you may still be eligible for federal student aid even with a drug conviction on your criminal record, according to the US government website for federal student aid. For this reason, even if you are using psilocybin in small doses with a prescription, the charges against you could be severe.
If you have a prescription for psilocybin from another state, it is important to note that Indiana’s drug possession laws will still apply. You can still face criminal charges for possession of magic mushrooms, even if you have a prescription.
Benefits of Donating to Psilocybin Research
Interestingly, the state’s lawmakers have made it possible for people to donate to research into the potential therapeutic effects of psilocybin for health purposes, according to the National Library of Medicine’s PubMed Central. Depending on what these findings uncover, Indiana may be willing to make magic mushrooms available for medicinal use. According to the National Institute of Health (NIH), psilocybin may be beneficial in the treatment of:
- Alcohol and nicotine addiction
- Treatment-resistant depression
- Cancer-related psychiatric distress
- Post-traumatic stress disorder (PTSD)
- Anxiety
By donating, researchers can conduct further clinical studies to determine how psilocybin can be used to treat a wide variety of addictions and mental health disorders.
What to Do if You Are Facing Criminal Charges
If you are arrested and charged with possession of psilocybin, the penalties could be serious if you are convicted. According to Indiana Code § 35-48-4-7(a)(1), a conviction for possession of 1 gram or less of magic mushrooms could result in fines of up to $500 and as much as 60 days in a county jail. The greater the amount of psilocybin found in your possession, the harsher the penalties will be.
With consequences this severe, you must present a compelling drug crime defense strategy. You may be able to work out a plea agreement with the district attorney, enroll in a pretrial diversion program if you are a first-time offender, or craft a powerful defense to present at trial.