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Key Takeaways

It is illegal to possess or supply psilocybin in Australia. Penalties for possessing or supplying psilocybin can carry up to 2 years imprisonment or $2,200/$5,500 fine in Australia. Psilocybin is a hallucinogenic compound contained in certain types of mushrooms and is commonly known as ‘magic mushrooms’. It provides psychoactive properties causing it to be a natural psychedelic. It is a schedule 9 substance, being a prohibited substance according to the Commonwealth Poisons Standard.

This article is written by our drug lawyers from Sydney. We recommend speaking to a drug lawyer if you’re looking for specific advice. Here is more on the legality of methylphenidate and Ritalin.

 

What is Psilocybin and ‘Magic Mushrooms’?

Psilocybin is the hallucinogenic compound found in certain mushrooms, often referred to as ‘magic mushrooms’.

When magic mushrooms are taken, the psilocybin converts to psilocin in the body, which provides its psychoactive properties.

It is a naturally occurring psychedelic, which is found in almost 200 different types of mushrooms, with the main differentiating factor being the amount of psilocybin.

The most common magic mushrooms in Australia are golden tops, blue meanies (named after the colour of the mushrooms), and liberty caps (named after the shape of the mushrooms).

To the untrained eye, magic mushrooms can often look similar to poisonous varieties, which makes it dangerous to pick and consume them.

 

How it’s Eaten and Consumed

Magic mushrooms can be eaten fresh, cooked, brewed into tea, or dried and placed into capsules or mixed with cannabis or tobacco and smoked.

 

What is Psilocybin Used For? | Health Benefits of Psilocybin and Magic Mushrooms

Psilocybin mushrooms have multiple medical uses. The effects include euphoria, increased feeling of wellbeing, a change in consciousness, mood, thought and perception, visual or auditory hallucinations, and dilation of pupils.

 

Side Effects of Psilocybin and Magic Mushrooms

Other effects include stomach discomfort, nausea, headaches, vomiting, increased body temperature, or paranoia and panic caused by a ‘bad trip’.

 

Psilocybin and Magic Mushrooms Statistics

In 2019, the National Drug Strategy Household Survey found that use of hallucinogens has increased to its highest proportions since 2001.

Most people who used hallucinogens had used magic mushrooms/psilocybin (61%) in the previous 12 months.

 

Is Psilocybin and Magic Mushrooms Legal?

Are Psilocybin pills legal? Psilocybin is a schedule 9 substance and is thus considered a ‘prohibited substance’, as per the most recent Commonwealth Poisons Standard.

An Australian psychedelics advocacy group Mind Medicine Australia recently submitted an application to the Therapeutic Goods Administration (TGA) seeking to have psilocybin rescheduled to a controlled medicine.

The group sought to make it easier for doctors to prescribe psilocybin to treat chronic anxiety, depression, and PTSD, with success found in a recent trial conducted at St Vincent’s hospital.

However, the application was ultimately rejected, with the TGA seeking to wait until further trials are conducted.

Accordingly, the possession and supply of psilocybin is criminalised across each Australian state and territory.

 

Buying Magic Mushroom or Psilocybin

Before you consider buying psilocybin or magic mushrooms or psilocybin spores, consider whether it is legal to buy and sell it in Australia. This is outlined more below. Possessing or suppling it in Australia amounts to an offence carrying heavy penalties, including a conviction and jail time.

There are a number of online websites that sell magic mushrooms including organicsshroomCanada.cc, and purchasepsychedelics.com.

It is important to understand that in Australia, purchasing from these sites online is illegal.

 

Magic Mushrooms and Psilocybin NSW

In NSW, psilocybin and its derivatives are a prohibited drug, as outlined in Schedule 1 of the Drugs Misuses and Trafficking Act 1985 (NSW).

Schedule 1 prescribes different labels for various amounts of prohibited drugs.

For psilocybin, 0.04 grams is considered a ‘small quantity’, 0.15 grams is considered a ‘traffickable quantity’, 25 grams is considered a ‘commercial quantity’ and 100 grams is considered a ‘large commercial quantity’.

Possession of psilocybin carries a maximum penalty of up to 2-years imprisonment and/or a $2,200 fine, as per section 21 of the Act.

However, a majority of those who plead guilty to the offence receive a conditional release order, without conviction, or a fine only, with a conviction.

A person who supplies, or who knowingly takes part in the supply of, psilocybin is guilty of an offence, pursuant to section 25(1) of the Drugs Misuse and Trafficking Act 1985 (NSW).

If the offence involves less than a commercial quantity, the matter can be dealt with summarily, and involves a maximum penalty of $5,500 fine and/or 2 years imprisonment.

Where it involves an amount which is not less than a ‘commercial’ quantity, the offence carries an applicable maximum penalty of a fine of $385,000 and/or 20 years imprisonment.

If the quantity involved is not less than the large commercial quantity, the maximum penalty rises to a $550,000 fine and/or life imprisonment.

Offences involving commercial and large commercial quantities are ‘strictly indictable’, means that they cannot be dealt with in the Local Court and therefore will be heard before the District Court.

Concerns have been raised regarding the relatively low threshold for what is considered a ‘large commercial quantity’ of psilocybin, with a possessing even a handful of mushrooms having disastrous legal consequences.

 

Magic Mushrooms and Psilocybin Victoria and Melbourne

In Victoria, psilocybin is considered a ‘drug of dependence’ as outlined in the Drugs, Poisons and Controlled Substances Act 1981(VIC).

The use or attempted use of psilocybin is criminalised under section 75, whereas possession is an offence as per section 73(1).

A maximum penalty of 1 year imprisonment and/or a $5,547.60 fine (30 penalty units x current value of $184.92) is applicable to both offences.

Where the court cannot be satisfied on the balance of probabilities that the possession was not for any purpose relating to trafficking, a maximum penalty of 5 years imprisonment and/or a $73,968 fine is applicable (400 penalty units x current value of $184.92).

A person who trafficks or attempts to traffick psilocybin, is guilty of an offence pursuant to section 71AC of the Act.

Where it involves less than a commercial quantity, which is 0.1kg of psilocybin, a maximum penalty of 15 years imprisonment is applicable.

Where the offence does involve a commercial quantity, the offence carries a maximum penalty of 25 years imprisonment.

 

Queensland Magic Mushrooms and Psilocybin

In Queensland, psilocybin is labelled a ‘Schedule 2 dangerous drug’ as outlined in the Drugs Misuse Regulation 1987 (QLD).

Possession is criminalised under section 9 of the Drugs Misuse Act 1986 (QLD), providing a maximum penalty of 20 years imprisonment where the amount of psilocybin exceeds 0.10 grams.

Where the amount does not exceed 0.10 grams, the offence carries a maximum penalty of 15 years imprisonment.

Supply of a dangerous drug is an offence, pursuant to section 6 of the Act.

For psilocybin, a maximum penalty of 15 years imprisonment, where the offence is not considered ‘aggravated’.

The circumstances of aggravation include where the person supplied is a minor, an intellectually impaired person, or was supplied within an educational institution or correctional facility.

If one of these circumstances applies, the maximum penalty increases to 20 years imprisonment.

 

Magic Mushrooms and Psilocybin Western Australia

In Western Australia, psilocybin is considered a ‘prohibited drug’ as outlined in the Misuse of Drugs Act 1981 (WA).

It is an offence to possess or use psilocybin, as per section 6(2) of the Act, with a maximum penalty of 2 years imprisonment and/or a $2,000 fine applicable.

It is also an offence to have psilocybin in one’s possession with intent to sell or supply it to another, manufacture or prepare psilocybin or sell, supply, or offer sell or supply it, as per section 6(1).

Broadly, the maximum penalty for each of these varied offences is 25 years imprisonment and/or a $100,000 fine, as outlined in section 34(1)(aa).

 

Magic Mushrooms and Psilocybin South Australia

In South Australia, psilocybin is labelled a ‘controlled substance’ as outlined in the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA).

For psilocybin, 100 grams is considered a ‘trafficable’ quantity, 2.5kg is considered a ‘commercial quantity’ and 1kg is considered a ‘large commercial quantity’.

However, if it remains in a form of fungi, it is considered a ‘controlled plant’.

In this form, 1,000 grams is considered ‘trafficable’, 2.5kg is considered a ‘commercial quantity’ and 10kg is considered a ‘large commercial quantity’.

It is an offence to possess, or administer psilocybin to oneself, as per section 33L of the Controlled Substances Act 1984 (SA).

A maximum penalty of 2 years imprisonment and/or a $2,000 fine is applicable.

Supplying or administering psilocybin to another person, or having possession for the purposes of doing so, is also an offence, as per section 33I of the Act.

A maximum penalty of 10 years imprisonment and/or a $50,000 fine is applicable, where the offence is not aggravated via previous drug offences or association with a criminal organisation,

The same maximum penalty is applicable to the sale of psilocybin in fungi form, where the amount is less than a commercial quantity.

A maximum penalty of 25 years imprisonment and/or a $200,000 fine is applicable where it involves a commercial quantity, whereas this rises to life imprisonment and/or a $1,000,000 fine where it involves a large commercial quantity of the fungi.

 

Magic Mushrooms and Psilocybin Northern Territory

In the Northern Territory, psilocybin and its derivatives are considered a ‘Schedule 2 dangerous drug’ as outlined in the Misuse of Drugs Act 1990 (NT).

The Act prohibits possession and supply of psilocybin, with maximum penalties dependant on the amount involved.

A traffickable amount of psilocybin is 0.10 grams, whereas 5 grams is considered a commercial quantity.

If an accused person possesses a less than a traffickable quantity of psilocybin in a public place, a maximum penalty of 2 years imprisonment and/or a $32,400 fine is applicable, as per section 7D.

This rises to 7 years imprisonment where it involves a traffickable quantity, or 14 years imprisonment where it involves a commercial quantity.

Where supply of psilocybin involves less than a commercial quantity, the maximum penalty applicable is 5 years imprisonment and/or a $81,000 fine.

However, where it does involve a commercial quantity, a maximum penalty of 14 years imprisonment is applicable.

Increased penalties apply if the psilocybin was supplied to a child, or it was supplied in an indigenous community.

 

Magic Mushrooms and Psilocybin Tasmania

In Tasmania, psilocybin is a ‘controlled drug’ as outlined in Part 2 of the Misuse of Drugs Act 2001 (Tas).

As per section 24, it is an offence to possess, use or administer psilocybin to another person.

The offence carries a maximum penalty of 2 years imprisonment and/or a $9,050 fine.

It is also an offence to sell or supply psilocybin to another person, as per section 26, which carries a maximum penalty of 4 years imprisonment and/or a $181,000 fine.

AUTHOR Criminal Defence Lawyers Australia

Criminal Defence Lawyers Australia are Leading Criminal Defence Lawyers, Delivering Exceptional Results in all Australian Courts.

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