Legal Question in Criminal Law in Virginia

Virginia Psilocybin Law

In Virginia, more precisely, Augusta County, what are the penalties for (a) posession of psilocybin mushrooms and (b) manufacturing/selling psilocybin mushrooms ? In your response, please list the sections from the Virginia Code where you found the information. Thanks!

Asked on 9/20/08, 12:19 pm

2 Answers from Attorneys

Michael Hendrickson Michael E. Hendrickson

Re: Virginia Psilocybin Law

Psilocybin--defined as a category 1 controlled substance under Virginia Drug Code Sec. 54.1-3446

Psilocybin---simple posession defined as class 5 felony--Va. Code Sec. 18.2-250; penalty not less than one year nor more than 10 years in the state penitentiary, nor more than 12 months

in local jail in the discretion of the trier of fact(judge or jury)--Va. Code Sec. 18.2-10(e).

Psilocybin--penalty for manufacture prescribed under Va. Code Sec. 18.2-248C--not less than five (5)years nor more than forty(40)years in state penitentiary and a fine not exceeding $500K.

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Answered on 9/20/08, 4:45 pm

Michael Hendrickson Michael E. Hendrickson

Re: Virginia Psilocybin Law

Amendment to previous answer: Simple possession psilocybin conviction may also include a fine of up to $2500 along with any jail or penitentiary time imposed.

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Answered on 9/20/08, 4:52 pm

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