New Jersey Drug Crimes Lawyer Adam M. Lustberg Discusses Legal Implications of Psilocybin Mushroom Possession

January 14, 2025 at 15:30 PM EST

New Jersey drug crimes lawyer Adam M. Lustberg (https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/), of Lustberg Law Offices, LLC, sheds light on the legal aspects of the possession of psilocybin mushrooms, commonly known as “magic mushrooms.” Although recent legislative changes have reduced penalties for possessing small amounts of these substances, psilocybin mushrooms remain illegal in the state, and their possession can result in serious legal consequences. Lustberg emphasizes the importance of understanding these laws to avoid the significant risks associated with drug-related charges.

Psilocybin, the active ingredient in magic mushrooms, was designated as a Schedule I controlled dangerous substance (CDS) under New Jersey law. This classification indicated that psilocybin had a high potential for abuse and no accepted medical use, equating its legal status with drugs such as heroin and LSD. As such, possession of psilocybin mushrooms was treated as a third-degree indictable offense, punishable by up to five years in prison and fines reaching $35,000.

In February 2021, Governor Phil Murphy signed legislation that redefined the penalties for possessing small amounts of psilocybin mushrooms. This reclassification reduced the possession of one ounce or less of psilocybin mushrooms from a third-degree indictable offense to a disorderly persons offense. Under the revised law, individuals found in possession of up to one ounce face penalties of up to six months in jail and fines not exceeding $1,000. New Jersey drug crimes lawyer Adam M. Lustberg underscores the importance of this shift, explaining that it signals a trend towards less severe penalties for minor drug offenses while maintaining the state’s prohibition of these substances.

While this legislative change reduces penalties for minor possession, psilocybin mushrooms remain illegal in New Jersey. Possession of more than one ounce or involvement in the distribution, manufacturing, or sale of psilocybin mushrooms continues to carry severe legal consequences. Possession of larger quantities, for instance, can result in second-degree indictable charges, which are punishable by 5 to 10 years in prison and fines as high as $150,000. Additionally, activities such as cultivating or selling psilocybin mushrooms remain felonies under New Jersey law.

Adam M. Lustberg highlights that despite the reduced penalties for small amounts, the reclassification does not signify decriminalization or legalization. “Although the law now recognizes a distinction between minor possession and more serious offenses, the legal risks associated with psilocybin remain significant,” Lustberg states. The New Jersey drug crimes lawyer advises individuals to remain informed about these distinctions to avoid severe legal repercussions.

The shift in how psilocybin possession is penalized in New Jersey is part of a broader national conversation on drug policy reform. Psychedelics, including psilocybin, are increasingly being studied for their potential therapeutic benefits in treating conditions such as depression and PTSD. However, Lustberg points out that such research has not yet translated into widespread decriminalization or legalization in most states, including New Jersey. Lustberg explains that while the legislative changes reflect a growing interest in alternative approaches to drug policy, psilocybin mushrooms remain classified as a controlled substance with strict penalties for unauthorized use or possession.

The penalties for drug offenses involving psilocybin mushrooms highlight the ongoing challenges individuals face under New Jersey law. Even with the reduced penalties for small amounts, individuals can still face criminal records, incarceration, and substantial fines for possessing or distributing psilocybin mushrooms. Lustberg advises, “The changes in the law reflect progress, but they do not eliminate the risks associated with possession or distribution. Anyone facing these charges should take them seriously and seek experienced legal representation.”

Although the penalties for possessing small amounts of psilocybin mushrooms have been reduced, the substance remains illegal in New Jersey. Residents are urged to stay informed about the legal risks associated with possession, distribution, and manufacturing of psilocybin mushrooms. For those who find themselves charged with drug-related offenses, consulting an experienced New Jersey drug crimes lawyer such as Adam M. Lustberg is crucial to understanding their rights and protecting their future.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC, led by Adam M. Lustberg, can provide comprehensive legal representation to individuals facing criminal charges in New Jersey. The firm is dedicated to offering personalized defense strategies for clients accused of drug-related offenses, helping them tackle the complex aspects of the legal system and achieve favorable outcomes.

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New Jersey Drug Crimes Lawyer Adam M. Lustberg Discusses Legal Implications of Psilocybin Mushroom Possession

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