Drug laws and licensing
Frequently asked questions about Magic Mushrooms
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What about retailers who are currently selling fresh magic mushrooms?
The Government has made it clear it will not allow the sale of fresh magic mushrooms and we expect people to follow the spirit of the law.
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Won’t this criminalise those where magic mushrooms are growing naturally in their garden?
In the Home Office’s view, a person would not be committing an offence solely by reason of a naturally occurring substance (the mushroom) growing in their garden.
We are bringing in regulations at the same time as section 21 is commenced to make it clear under what circumstances it will not be unlawful to possess magic mushrooms and this will include having mushrooms growing untended in a garden.
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Won’t this criminalise those who pick magic mushrooms in the wild without knowing that they are magic mushrooms?
No. It is not an offence under the Misuse of Drugs Act by virtue of section 28 if a person can prove his lack of knowledge.
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Will it be illegal to supply grow kits?
The law covers production so it applies to the sale and importation of kits.
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What was the problem with the law as it stood?
The Misuse of Drugs Act controlled the chemicals inside the mushroom (psilocin and psilocybin) rather than the mushrooms themselves- although it was also an offence to possess or supply mushrooms if they had been prepared or if they were in the form of a product. It is a matter of legal interpretation what constitutes a preparation or a product and this had led to uncertainty.
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How big is the problem?
The last two years has seen a dramatic increase in the number of shops selling magic mushrooms from only a handful to over 400.
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What is the evidence that magic mushrooms are harmful?
Magic mushrooms are highly hallucinogenic. They can be particularly harmful to those with existing heart conditions or a mental illness or with an underlying mental health problem and can precipitate psychosis. Users are also vulnerable to self harm whilst under the influence and, like LSD which works on the same pharmacological principle as psilocin, those using mushrooms may experience negative flashbacks.
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Haven’t the police got higher priorities?
It is an operational matter for forces to set their own priorities according to local needs. The police agree with the Government strategy that the highest priority is controlling drugs such as heroin, crack and cocaine as they do most harm. That does not mean that there should not be enforcement against other drugs.
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How many people take mushrooms?
The British Crime Survey (2002/3) shows that about 180,000 16-59 year olds took mushrooms. The survey for 2003/4 shows an increase of 40% to (260,000) in one year.
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Have HM Revenue and Customs changed their policy of collecting VAT on the sale of magic mushrooms?
Yes. The issue of VAT is overridden by the fact that the sale, supply and importation of magic mushrooms are clearly offences.
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Has the government received notification of any legal proceedings?
We have been in communication with solicitors representing magic mushroom vendors and importers but to date no Judicial Review has been lodged.
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How is this going to be enforced? Any more resources for the police?
The police have not been allocated more resources. It is an operational matter for forces to set their own priorities according to local needs. The law change is to be well publicised. We expect imports to fall dramatically. Vendors will be also be made aware and will be expected to conform to the law.
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What is the penalty for anyone caught importing, exporting, supplying or possessing mushrooms?
For serious offences the maximum penalty for the supply of Class A drugs is life imprisonment, for possession the maximum is 7 years, both can attract an unlimited fine.
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What about internet trading? Will the legislation prevent the sale of mushrooms on the internet?
Internet trading is still supplying. Companies trading out of UK will be liable for prosecution.
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What is being done about this?
Police are aware of internet trading in some drugs and have taken action. Earlier this year saw Operation Ismene, where the police carried out raids in several counties, including Avon and Somerset, Greater Manchester, and Leicestershire arresting those trading in amongst other drugs psychedelics.
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What have you done to notify vendors and traders of the change in the law?
We have produced 10,000 Q and A leaflets to be distributed to vendors and users. HMRC have taken 2,000 and are distributing them at ports. We have also contacted Trading Standards officers in Camden, Westminster and Kensington and Chelsea to distribute the leaflets.
