Texas is a world of contradictions, in its best moments. Someone who has never been to Texas would assume that, in terms of drug policies, it would be the opposite of California. Whereas, in California, they expand their minds with every natural and synthetic substance, the closest they get to the straight edge is being California sober, where they abstain from all drugs except weed.
Meanwhile, in Texas, the most rebellious among us drink whiskey, chew tobacco, and smoke cigarettes, while the goody two-shoes among us sip lemonade and sweet tea. This does not tell the whole picture, of course. Federal drug laws are out of step with reality, even in states that pride themselves on a law-and-order attitude toward drugs. Psilocybin mushrooms are just one of the drugs that are inching toward acceptance as a medical treatment in various parts of the United States.
If you are facing criminal charges for possession of psilocybin mushrooms or psilocybin edibles, contact a Texas drug crimes attorney.
Psilocybin Laws Reflect Ambiguities About What Counts as a Medicine and What Counts as a Drug
At the federal level, psilocybin mushrooms and products containing psilocybin, the hallucinogenic compound in the mushrooms, are Schedule I controlled substances. Schedule I is the category reserved for drugs of abuse that do not have any legally approved medical uses.
Other Schedule I drugs include heroin, methamphetamine, and MDMA. Drug schedules are a construct of the legal system; they are not based entirely on the drug’s chemical composition or the risk of death from consuming the drug. Case in point, fentanyl and cocaine are Schedule II controlled substances, the schedule for the most dangerous drugs that have accepted medical uses. At the federal level, cannabis is still a Schedule I controlled substance. In 2024, federal lawmakers considered recategorizing it to Schedule III, which would put it in the same category as anabolic steroids and ketamine.
In Texas, possession of psilocybin is a Penalty Group 2 felony. The consequences for a conviction are the same as if you possessed MDMA or THC oil.
A New Day for Medical Hallucinogens in Texas?
Texas is a long way away from the statewide decriminalization of popular self-medication substances such as cannabis. Meanwhile, it recently passed HB 4104, which would pave the way for clinical trials involving psilocybin. The movement for medical hallucinogens has gained strength in several states. People who have illegally used hallucinogens such as MDMA, LSD, psilocybin, and ayahuasca have written eloquently about how their mental health improved after a single psychedelic experience. Researchers have begun to investigate psychedelics as a treatment for mental illnesses for which the medications currently used require long courses of treatment and for which patient responses are mixed. Meanwhile, the published studies on clinical trials have attracted criticism because of their results and methods.
Contact the Law Office of Patrick J. McLain, PLLC, About Criminal Defense Cases
A Dallas criminal defense lawyer can help you fight your charges if you are facing allegations of illegal possession of hallucinogens. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.