The Harsh Reality of TX Magic Mushroom Possession Penalties

 Posted on June 27, 2025 in Practical Advice

Psilocybin mushrooms, also known as "magic mushrooms," are gaining national attention for their potential medical benefits regarding depression, anxiety, and PTSD. In Texas, however, possession of magic mushrooms is a serious criminal offense. Psilocybin is classified as a Penalty Group 2 controlled substance, placing it in the same legal category as PCP and MDMA.

Even small amounts of psilocybin can result in felony charges, time behind bars, and a permanent criminal record. If you have been charged with possession of psilocybin, it is important to speak to a highly skilled Conroe, TX drug crimes attorney who will protect your rights and your future.

What Are Magic Mushrooms?

Psilocybin is a chemical obtained from specific types of fresh or dried mushrooms. Psilocybin mushrooms are found in Mexico, Central America, and the United States and are commonly known as magic mushrooms or shrooms. Psilocybin mushrooms are ingested orally or brewed as a tea.

Hallucinations and the inability to distinguish reality from fantasy are some of the psychological consequences of psilocybin mushrooms. Psilocybin is a Schedule I substance under the Federal Controlled Substances Act, which means it has no currently accepted medical use in the United States and a high potential for abuse. Under Texas laws, psilocybin is a Penalty Group 2 drug.   

What Are the Charges and Penalties for Possession of Psilocybin?

The penalties for possession of magic mushrooms and other psychedelic drugs in the state are determined by the drug itself and the quantity of the drug possessed. If you have been charged with possession of less than a gram of psilocybin, you are facing a state jail felony. The penalties for conviction of a state jail felony are up to two years behind bars.  

If you are charged with possession of between one and four grams of psilocybin, you are facing a second-degree felony. A conviction can result in up to 20 years in prison. If you are charged with possession of between four and 400 grams of psilocybin, you are facing a first-degree felony offense. A conviction for this offense can result in a prison term of between five and 99 years.   

What is the Difference Between Actual and Constructive Possession of a Controlled Substance?

Prosecutors can charge you with actual possession, which means the drug was found on your person or in a pocket in your clothing.  Constructive possession is more complex. Under constructive possession, the individual must have "control and authority" over a controlled substance. This could mean the drugs are locked in a box owned by the defendant, in the glove box of the defendant’s car, or in a shoebox at the bottom of a closet in the bedroom of the defendant.  

Do You Have a Valid Defense for Charges of Possession of Psilocybin?

While the exact defense used in your magic mushroom possession case will depend on the circumstances and facts of your case, some of the most common defenses include:

• There was no probable cause for a search warrant.
• The search and seizure were otherwise illegal.
• The identification of the substance can be challenged.
• Your constitutional rights were violated.
• The police officers made other errors during the arrest.
• The drugs did not belong to you, or you had no actual or constructive possession.

Contact a Montgomery County, TX Drug Crimes Attorney

If you have been charged with possession of psilocybin, it can be very beneficial to speak to a knowledgeable Conroe, TX drug crimes lawyer from Pullan & Young. While psilocybin laws are evolving elsewhere across the United States, this is not true in Texas.

You must take the charges seriously and act quickly to protect yourself. Attorney Pullan is a former Assistant District Attorney, while Attorney Young is a former prosecutor - experience that benefits their clients. Call 936-647-1540 to schedule your free consultation.