What are the legal consequences of being caught with hallucinogenic mushrooms? 25 Answers as of August 31, 2011

I am only 18 at college and was caught by the school police. In the police report, it only reads that I was incoherently jabbering and had a small possession of marijuana. I got in trouble earlier this year for a small amount of marijuana possession. I go to court in two days, what should I expect? However, I was on mushrooms and completely out of it when the police subdued me.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Marijuana possession or use is a misdemeanor. With each conviction your chances of going to jail increases. However, if you are currently on probation, this would be a violation of those probation terms and your probation could be extended. Consult with an attorney before reaching any agreements with the prosecutor.
Answer Applies to: Michigan
Replied: 8/31/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Possession of marijuana can be charged as a misdemeanor or a felony, depending upon specific facts. I would expect a first offense to be a probation or diversion type of sentence.
Answer Applies to: Kansas
Replied: 5/6/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Were you given 7411 in the first case? If so, you are not eligible for 7411 diversion program. However, you are eligible for HYTA diversion program. I would highly recommend hiring an experienced attorney such as myself to handle this matter. Visit my website for more information.
Answer Applies to: Michigan
Replied: 5/5/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Did you possess any marijuana? A second conviction goes from a misdemeanor to a felony. If you had mushrooms and they charged you with marijuana, you should beat the charge. You should also ask for youthful offender treatment. You should also get a lawyer or ask the court to appoint you one if you cannot afford one. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, you cannot be charged for possession of mushrooms unless you had mushrooms. Just being high on mushrooms won't lead to a charge of possession.
Answer Applies to: Oregon
Replied: 5/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You are eligible for Youthful Offender Status and so it is most likely that you will be allowed to plead to a misdemeanor possession charge and you will not have a criminal record. The record will be sealed but the police, prosecutors, courts, and military will be able to see that you were arrested for drugs and that the record was sealed.Your perspective employers and colleges will not be able to see the arrest. The other consequences could have been that you were hit by a car or that you died from an overdose of these mushrooms. It is extremely dangerous to take any drugs that are not prescribed by a doctor since the wrong does could be fatal and overdoses on illegal deaths are becoming more common as young people experiment with mushrooms, peyote, pills, LSD, heroin, and cocaine.
    Answer Applies to: New York
    Replied: 5/5/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you are found in possession of anything on the DEA illegal drug list [like mushrooms], you would be charged with that crime. If they did a blood test on you and determined any illegal drug was present, you could be charged with what they found. That is not the point, since you were charged with possession of marijuana, not mushrooms.

    Now, face the real issues. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, and expulsion or suspension from school, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it.

    Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/5/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In general, possession of hallucinogenic mushrooms is usually some sort of felony possession offense (at least it is in Oregon where I am licensed). From your question, however, it sounds like you were only caught with a small amount of pot, as opposed to "'shrooms." Being under the influence of mushrooms or anything else, isn't a crime in of itself (again at least in Oregon). So if you had already ingested all the mushrooms, they can't bust you for possession of the mushrooms, just the pot.
    Answer Applies to: Oregon
    Replied: 5/5/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Mushrooms are illegal (obviously) but not all mushrooms are illegal (obviously). Perhaps for this reason, prosecutors usually prefer to charge possession of something else (marijuana). If this is your second possession of marijuana within a short time, you may be looking at a couple of days in jail.
    Answer Applies to: Washington
    Replied: 5/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    From your details you have no charges for mushrooms. There is an enhancement for this being on a school grounds. However, you should be ok and it go the same as last time.
    Answer Applies to: California
    Replied: 5/5/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It does not sound from your message that you were actually charged with possession of hallucinogenic mushrooms. If you are only facing marijuana charges (and this is your first time being charged) then in Louisiana you will likely only be facing penalties for misdemeanor possession which carry jail time of up to 6 months and fines of $500. If this is your second offense then you will be facing felony charges for which a conviction results in jail time of up to 5 years and fines of up to $2000. You may be able to negotiate a reduction of charges or sentencing by agreeing to some sort of deferral such as probation and/or alcohol and drug counseling, etc. You should not try to fight the charges yourself though and are strongly advised to hire an attorney to represent you in court.
    Answer Applies to: Louisiana
    Replied: 5/5/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I would assume that you are going to court charged with possession of marijuana (personal use). If you were previously charged and convicted of possession of marijuana then a subsequent arrest could be enhanced to felony possession of marijuana. The punishment for misdemeanor possession of marijuana, depending on the court, could be imprisonment for up to one year and a fine of $6,000. Felony possession of marijuana carries a penalty of up to ten (10) years imprisonment and a fine of up to $15,000.I do not feel that being under the influence of mushrooms is any defense to the charges against you. I could not imagine any positive advantage you would gain by advising the court that you were using mushrooms to get high.I would hope that any disposition of the charges against you would involve drug abuse counseling and treatment. Otherwise, if you continue to use drugs it is almost certain that you will eventually receive a sentence of time in prison.
    Answer Applies to: Alabama
    Replied: 5/5/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    From your question it looks like you had a small amount of marijuana so that is what the crime is. Depending on the court looking at a fine, unless they also took blood and changed the under influence of drugs. Please call with additional information if this does not answer the question.
    Answer Applies to: Nebraska
    Replied: 5/5/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Possession of mushrooms can be a felony regardless of the amount. I would either hire an attorney or if you cannot afford request the public defender to advise you.
    Answer Applies to: California
    Replied: 5/4/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Get an attorney or have one appointed. You are probably on probation, and could get revoked. Apply for YO if in Alabama, or drug court if available.
    Answer Applies to: Alabama
    Replied: 5/4/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    When you go to Court, it is advisable to have an attorney. Should you not be able to afford one, you should ask for a Court Appointed Attorney. There are a variety of charges that you could face. It is impossible to tell what will happen without knowing the charges, the Court and the Prosecutor. Your Court date could be fore an Arraignment or a Preliminary Exam. What happens at the Court date will vary based on what type of hearing is scheduled. However, should you face possession/use charges, there is a possibility of probation. You may be eligible for treatment under MCL 333.7411, or even a plea under HYTA. Whether there is a legal defense which would support a dismissal is not known based on the small amount of information provided. The incident report would need to be reviewed, and a consultation needed to make any determinations. Contact this office with questions should you wish to hire an attorney to represent you.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You are lucky you were not charged with 'shrooms. If you were on probation you could do some county time. Get a medical recommendation from an MD for the future.
    Answer Applies to: California
    Replied: 5/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, possession of hallucinogenic mushrooms is a felony and, depending on the amount, is likely to be charged as a fifth degree possession charge. A fifth degree possession charge is a serious felony and carries with it imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If you have a prior conviction the sentence can be even more serious. Obviously, there are many defenses to the charge. Certainly, a significant issues is whether or not the officer had an articulable, reasonable suspicion of a particularized criminal offense in order to stop your vehicle. if there is no reasonable suspicion any evidence seized after the stop would be the product of an unlawful search and maybe suppressed.
    Answer Applies to: Minnesota
    Replied: 5/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Did you have any mushrooms, or were you only under the influence? If you were only under the influence, you can only be charged with misdemeanor 'Under the Influence', per Health and Safety Code (HS) section 11550(a) and an infraction for possession of marijuana,HS 11357(b).
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Informal probation with drug counseling and community service and/or a fine.
    Answer Applies to: Nevada
    Replied: 5/4/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    If the only drug found in your poss was marijuana then that is the only charge you should face. You should contact a defense lawyer to discuss your case. Do not talk about your case except to a defense lawyer. Your school may have other consequences administratively.
    Answer Applies to: New Hampshire
    Replied: 5/4/2011
    Eversole Law, LLC
    Eversole Law, LLC | Steven Eversole
    Well, if you are only charged with Possession of Marijuana, then that should be your only charge unless they add charges later, which they can do, but not usually. Mushrooms would be a felony, while the pot is a misdemeanor. Either one could be ruinous to your career after college. Also if this is your second marijuana possession, in the state of Alabama at least, that could be charged as a felony. I highly suggest you hire an experienced drug crimes defense lawyer as soon as possible. Please review my website more information. I also publish a highly informative criminal blog. Please feel free to contact me with further questions and concerns.
    Answer Applies to: Alabama
    Replied: 5/4/2011
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