Drug laws and licensing

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.

The law covers production so it applies to the sale and importation of kits.

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.

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.

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.

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.

Yes. The issue of VAT is overridden by the fact that the sale, supply and importation of magic mushrooms are clearly offences.

We have been in communication with solicitors representing magic mushroom vendors and importers but to date no Judicial Review has been lodged.

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.

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.

Internet trading is still supplying. Companies trading out of UK will be liable for prosecution.

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.

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.