New Jersey Drug Crimes Attorney Adam M. Lustberg Explains New Jersey Laws on Possession of Hallucinogenic Mushrooms

New Jersey drug crimes attorney Adam M. Lustberg releases a new article (https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/) discussing the legal implications of possessing hallucinogenic mushrooms under New Jersey Law. Attorney Lustberg clarifies that, even though charges for possession of small amounts have been reclassified, hallucinogenic mushrooms are still considered Schedule 1 drugs. But, if a person is found carrying an ounce or less of the drug, an individual can only be sentenced to six months in prison or a maximum fine of $1000.

According to the New Jersey drug crimes attorney, “In recent years, some states and cities around the country have decriminalized these mushrooms, making them a low priority for law enforcement. In New Jersey, although possessing and selling hallucinogenic mushrooms is still a criminal offense, as of February 2021, possession of less than an ounce of these mushrooms has been reclassified as a disorderly person’s offense. Now, someone caught with less than one ounce of these mushrooms will face up to six months in jail and/or a fine of up to $1,000 compared to previous much more serious penalties.”

The attorney explains that, as a psychoactive substance, hallucinogenic mushrooms still fall under the Controlled Substances Act. The classification is due to the existence of psilocybin in the mushrooms. Possession of over an ounce of the drug can be charged and prosecuted as a third-degree offense under New Jersey law, according to the lawyer.

Under N.J.S.A. § 2C:35-10, possession of hallucinogenic mushrooms with the intention of selling can result in higher charges. Possession charges can vary between “actual” and “constructive”. Actual possession pertains to a charge where the drugs are found in a person’s pockets, mouth, or on their body. For constructive possession, on the other hand, only circumstantial evidence ties the individual to ownership of the drugs. This can refer to a person being in the same building or room where the drugs were found.

“Due to the way that the statute was written, police can always prove possession if they show evidence of drug use. Drug use is also a violation of N.J.S.A. § 2C:35-10. You must be physically present to possess drugs,” the drug possession lawyer clarifies.

Lastly, attorney Lustberg explains that experienced legal representation and advice is important when charged with possession of hallucinogenic mushrooms in New Jersey. Protecting a defendant’s rights and freedom is the job of a qualified New Jersey drug crimes lawyer.

About Lustberg Law Offices, LLC

Lustberg Law Offices, LLC works with criminal cases in New Jersey or New York. It has earned a reputation for delivering results for clients. Attorney Adam M. Lustberg understands the difficulties that can arise when someone is facing serious criminal charges. He will answer questions and work with the client to help them understand what's going on and the next steps in their case. Call them today to schedule an appointment.