Legal Question in Criminal Law in California

Psilocybin Mushrooms' legal consequences in California

What is the typical legal punishment for possessing, selling, or growing psilocybin mushrooms in California?

It is easy to find the legal maximum sentences/fines for all 3 of these illegal acts online, but it's hard to find a TYPICAL punishment. I don't know if shrooms are seen in California like marijuana in the sense that when busted, people rarely go to jail. I would appreciate info on the typical punishments for these 3 crimes, and how would the punishments be affected if the person in question is, say, 17 years old.

Thank you!

Asked on 7/11/09, 1:17 am

3 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Psilocybin Mushrooms' legal consequences in California

Mushrooms are treated similarly to let's say coke or acid which means more harshly than marijuana. That said the sentence always depends on factors such as whether the defendant has prior record, the severity of the conduct and, perhaps most importantly, the court where the case is being litigated. Simple personal possession charge can normally be dismissed through completion of a treatment program.

Jacek W. Lentz, Esq.


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Answered on 7/11/09, 4:42 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Psilocybin Mushrooms' legal consequences in California

It really depends on the judge, the prosecutor, and the locality involved. Some judges and lawyers have had their share of misadventures back in the day, some have not. I doubt that simple possession of personal use quantities of psilocybin mushrooms, at least by someone over age 18, and without intent to distribute, is going to be punished all that severely, at least in your Zip code.

Then again, the judge might feel responsible if you use the stuff again and crash your car or have some other mishap. He or she wants to be seen as doing -something-.

Remember juveniles under 18 have no right to a jury trial. Also remember that any criminal record goes in the big computer and can redound to your detriment later in life.

I'm not the morality police, but if you insist on using or possessing illegal substances, you should review and practice real-world legal skills, for example keeping your mouth shut, always asking for a lawyer, never consenting to searches, and realizing that anybody can be a police informant. There are good videos on these subjects that you should be able to find.

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Answered on 7/11/09, 1:40 am
David M. Wallin Law Offices OF David M. Wallin

Re: Psilocybin Mushrooms' legal consequences in California

I have handled 100's of juvenile matters, and in my experience, in L.A. County and other counties I have practiced in, the typical sentence for a juvenile first-time offender for possession would be 790 DEJ ( Deferred entry of judgement). For sales or growing , the typical would be anywhere from DEJ to HOP (perhaps with no custody time to juvenile hall time. I do not think camp would be given unless the amount of drugs is larger than normal. That's my best guess. That being said, you should talk to a qualified attorney in or near your area before you resolve this case, and I really suggest seeing an attorney now to go over all the facts, to get an attorney's feedback to your specific case. Best wishes...David Wallin at

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Answered on 7/11/09, 1:55 am

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