Americans everywhere are wondering how psilocybin mushrooms legality may change across the country after Denver, Colorado became the first and only city in the United States to decriminalize the drug.
But, here’s why it’s important to remember the consequences of using, growing, possessing, buying or selling these drugs in Pennsylvania.
What exactly happened in Denver?
In 2006, Colorado famously legalized recreational marijuana. So far, the move has generated a cool billion dollars in tax, license and fee revenue for the state.
Only the city and county of Denver is affected by the recent mushroom referendum. It doesn’t change the laws in the rest of Colorado.
Also, the new referendum “decriminalizes” rather than legalizes the drug in Denver.
It states that people at least 21 years old possessing mushrooms for personal use “shall be the lowest law enforcement priority in the City and County of Denver.”
Denver is also prohibited from spending any resources to prosecute personal possession and use of magic mushrooms.
Pennsylvania drug laws say “not so fast”
Everywhere in the Keystone state, both marijuana and psilocybin mushrooms are illegal for recreational use.
If a state-approved physician certifies that you suffer from one of the state’s qualifying medical conditions, marijuana can be purchased from a state-approved dispensary.
About 10 of Pennsylvania’s larger cities have decriminalized marijuana in small amounts, usually 30 grams or less, and decreased the maximum penalty.
Still, under state law marijuana is still illegal everywhere within the borders of Pennsylvania. Potentially, you could receive up to 30 days in prison and a $500 fine for just a bud or two.
In addition, where federal law conflicts with state law, federal law wins. Currently, marijuana for any purpose is still against federal law everywhere in the United States.
As far as mushrooms in the United States go, only Denver has decriminalized this hallucinogenic. Everywhere else in America, including Pennsylvania, they remain a serious drug offense.
How a State College defense attorney can help
Charges related to mushrooms might not sound serious, but a conviction for possession of a Schedule I drug like psilocybin mushrooms can lead to up to a year in jail and/or a maximum fine of up $5,000. Whatever sentence the court imposes, your driver’s license will be suspended for six months, and you will have a criminal record that could hurt your ability to get into college. Even if you only spend a short time in jail, the effects on your life could echo for years.
Working with a defense attorney can help minimize the impact of the charge. First, your lawyer can work to get you out of jail while your charges are pending. Instead of being stuck behind bars for weeks, you can keep going to work or school and living your life, as well as help your attorney prepare your defense. Your defense attorney understands the procedures and rules around getting released on your own recognizance or on a low bond, which can be confusing for the average defendant.
This is an example of how a defense attorney can make a difference before your trial. Your right to counsel starts the moment the police arrest you, which is why it is included in the Miranda warning. For example, you can decline to answer questions during a police interrogation without your lawyer present to advise you and shield your rights from potential police misconduct.
It is not uncommon for someone to get charged with a much more serious crime than the evidence supports. Before your court date, an experienced attorney can often persuade the prosecutor to dismiss the charges or reduce them to less serious ones, such as from a felony to a misdemeanor. Reducing the stakes of your case can greatly increase your chances of retaining your freedom.
Talk To A Lawyer Immediately
If you have been charged with possession, manufacturing or trafficking of psilocybin mushrooms, you need to know your rights and available strategies for defense. Your time to take active control of your case could be very short. A conversation with an experienced defense attorney can be invaluable.