Selling means exchanging psychedelic mushrooms for money, exchanging them for something other than money, disposing of them to another person or even giving them away. You can even face an psychedelic mushrooms selling charge if you simply make an offer or an agreement to sell them.
Criminal sale of a controlled substance in the fifth degree is the minimum charge that you could face for selling psychedelic mushrooms or any other hallucinogen. It is a class D felony. The possible sentence is up to 7 years in prison.
The other two felony criminal sale of a controlled substance charges included criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the second degree.
You will face the third degree charge if you sell at least 25 milligrams of psychedelic mushrooms or other hallucinogen. It is a class B felony. The sentence is up to 25 years in prison. The second degree charge involves selling at least milligrams of psychedelic mushrooms or other hallucinogen.
It is a class A-II felony. The possible sentence is up to life in prison. If you sell psychedelic mushrooms on or near a school bus, in or near a child day care center, or in or near a school or other educational facility, you may also face a charge of criminal sale of a controlled substance in or near school grounds. It is a class B felony with a possible sentence of up to 25 years in prison.
Intent to sell psychedelic mushrooms or any other controlled substance can be gleaned from the amount of the drug you have. If you have at least 25 milligrams of psychedelic mushrooms selling offense, you will also face the charge of criminal possession of a controlled substance in the fifth degree which involves possessing a controlled substance with the intent to sell it.
A class B felony. Psychedelic mushrooms drug crimes range from a class A misdemeanor to a class A-II felony. Penalties may include probation , jail, prison, fines, or a combination.
The sentence that you receive will be based on several factors including the classification of the crime and your criminal background. First offenders will receive lighter sentences than those with prior felony convictions. If you have a substance abuse problem that has contributed to your criminal activity you may be eligible for an alternative sentencing program called Drug Treatment Court.
If you are eligible for the program, you must plead guilty to the criminal charges and agree to abide by the conditions of the Drug Treatment Court program.
If you successfully complete the program, the judge will take this into consideration in resolving your criminal case. Our attorneys will work with you throughout every stage of your drug possession case to ensure you achieve the best possible case outcome and avoid unnecessary jail time and fines. We will look at every possible legal option, fighting for case dismissal, dropped charges, reduced charges, or a deferred sentence whenever possible.
Our lawyers understand that you want to avoid criminal punishment after being accused of hallucinogen possession, and we will investigate every detail of the allegations you are facing to ensure you are properly protected from wrongful conviction. Working with an attorney not only allows you to fight back against criminal punishment for hallucinogen possession, but also will help you protect against your charges being escalated to possession with intent to deliver, drug manufacture, or other drug crime charges.
Our attorneys will continuously consult with you throughout the investigation, potential trial, and even in post-conviction cases to determine the best course of action that will allow you to avoid unnecessary criminal penalties. Our attorneys are recognized statewide for their ability to earn great results in drug crime cases, and we have proven our skill in thousands of past criminal cases.
You can also contact us online and set up a free consultation with trial lawyer Scott Grabel. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Practice Areas. Although psilocybin mushrooms are illegal in the United States, it has a vast history of humans using it. Certain prehistoric rock art has been suggested to be related to psilocybin mushrooms that was dated around 6, years ago. The Aztecs used a type of psilocybin mushroom for rituals and coronations of their rulers.
After some time, the drug became popular among the western world when researchers Valentina Pavlovna Wasson and R. Gordon Wasson actively participated in an indigenous mushroom ceremony and published their findings. Magic mushrooms are categorized under Group 2 and 2-A Texas drug schedules.
It resides besides other hallucinogenic substances such as amphetamine and synthetic cannabis. The penalties for possessing magic mushrooms are serious and are determined by the quantity of the drug found. If convicted, you could face the following:. Having one to four grams of magic mushrooms can lead to a second-degree felony, which is punishable by the following:. If you are found with four to grams of psilocybin mushrooms, you could be charged with a first-degree felony.
The penalties for a first-degree felony include:. Texas prosecutors can charge you in actual or constructive possession of a substance.
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