DWI/Criminal Attorney Blake Marcus

DWI/Criminal Attorney Blake Marcus

In North Carolina, Psilocybin, the active psychedelic ingredient in hallucinogenic mushrooms is classified as a Schedule I Controlled Substance under N.C. Gen. Stat. § 90-89(3)(r). There are various crimes that an individual can be charged with regarding the drug of hallucinogenic mushrooms. The crimes listed below are the most common mushroom charges that we can help our clients with. Each crime lists the required elements that the State must prove beyond a reasonable doubt and the punishments for conviction of the crime.

Possession of Hallucinogenic Mushrooms

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(3) if they:

  1. Knowingly
  2. Possess (this element does not require that Hallucinogenic Mushrooms be found on the person charged so long as the person can be seen to have control over the area where the Hallucinogenic Mushrooms are found)
  3. Hallucinogenic Mushrooms

Punishment

The possession of Hallucinogenic Mushrooms in North Carolina is considered a Class I felony under N.C. Gen. Stat. § 90-95(d)(1).

Sale or Delivery of Hallucinogenic Mushrooms

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(b)(1) if they:

  1. Knowingly
  2. Sell or deliver (actual or constructive transfer to another)
  3. Hallucinogenic Mushrooms
  4. To another

Punishments

The sale of Hallucinogenic Mushrooms in North Carolina is considered a Class G Felony under N.C. Gen. Stat. § 90-95(b)(1). The delivery of Hallucinogenic Mushrooms in North Carolina is considered a Class H Felony under N.C. Gen. Stat. § 90-95(b)(1).

Manufacturing of Hallucinogenic Mushrooms

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

  1. Knowingly
  2. Manufacture (producing, preparing, processing, packaging, or labeling)
  3. Hallucinogenic Mushrooms

Punishment

The manufacturing of Hallucinogenic Mushrooms in North Carolina is considered a Class I felony under N.C. Gen. Stat. § 90-95(b)(1).

Possession of Hallucinogenic Mushrooms with Intent to Manufacture, Sell, or Deliver

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-95(a)(1) if they:

  1. Knowingly
  2. Possess
  3. Hallucinogenic Mushrooms
  4. With the intent to manufacture, sell, or deliver it

Punishment

Possession of Hallucinogenic Mushrooms with intent to manufacture, sell, or deliver is considered a Class H felony under N.C. Gen. Stat. § 90-95(b)(1).

Possession of Drug Paraphernalia

Elements

A person is guilty of this offense under N.C. Gen. Stat. § 90-113.22 if they:

  1. Knowingly
  2. Uses or possesses with intent to use
  3. Drug paraphernalia
  4. For any of the following purposes
    1. To plant, propagate, cultivate, grow, or harvest; or
    2. To manufacture, compound, convert, produce, process or prepare; or
    3. To test or analyze; or
    4. To package, repackage, store contain, or conceal; or
    5. To inject, ingest, inhale, or otherwise introduce into the body;
  5. Hallucinogenic Mushrooms

Punishment

The punishment for possession of drug paraphernalia in North Carolina is a Class I misdemeanor under N.C. Gen. Stat. 90-95(e)(3).

Contact us today at Minick Law to set up a FREE initial consultation on your criminal case.

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