Mushrooms are everywhere these days. What was once considered counter-cultural at best (and devil worship at worst) is now fair game for music festivals, corporate retreats, or weekends in the woods. Some of the most compelling evidence for the explosion of psychedelics onto the scene is the sale of mushroom chocolate. You can find the stuff in head shops and corner stores across the country — but is buying mushroom chocolate bars legal in Texas?
We’ll tell you now that mushroom chocolate is illegal. Psilocybin and psilocin are still considered a controlled substance in most states across the US, including Texas, but this is only a tiny part of the problem.
Keep reading about the wacky world of selling psychedelics in Texas, or if you or a loved one have been charged with possession, contact us online and ask us to protect your rights.
What’s the deal with psychedelic mushroom chocolate bars?
You’ve likely seen them around: bright packaging, glass case, fifty bucks at your local gas station. Can it really be that you can buy psychedelics at the corner store in Texas, a state known for its regressive and punitive attitudes toward drugs of all stripes? We’ll give it to you straight: if it seems too good to be true, it probably is.
Mushroom chocolates have become increasingly popular over the last few years. They’re convenient, they don’t taste horrible, and they claim to allow unprecedented control over dosage that you don’t get with traditional mushrooms. They’re blowing up, and they’re not likely to go away anytime soon.
These bars are manufactured in states in which psychedelics have been decriminalized and have rapidly trickled down south into the Lone Star State. There are a number of problems, however, with mushroom bars, chief among them fake products and potential felony charges.
Are mushroom edibles legal in Texas?
Are mushrooms legal in Texas? No; neither mushrooms nor mushroom edibles, including chocolate bars containing psilocybin, are legal in Texas. Under the Texas Controlled Substances Act 481 § 103, both psilocybin and psilocin — the two psychedelic substances that occur in magic mushrooms — are Penalty Group 2 controlled substances.
Although there has been a push to decriminalize or legalize psilocybin for medical or therapeutic use in many states across the nation, Texas has not joined in on the party (and likely won’t for some time). Possession of even a small amount of magic mushrooms in Texas, including in chocolate bar or otherwise edible form, will likely result in felony charges.
Check the mushroom chocolate bar packaging
A major trend within the mushroom chocolate market is the proliferation of counterfeit products. The brand Polkadot Chocolate in particular has seen its name widely copied. At best, these fake versions will have inconsistent dosages, and at worst may contain harmful substances other than psilocybin or psilocin.
Because it’s impossible to verify their ingredients or potency, these counterfeit mushroom chocolates pose a serious risk to consumers. The lack of regulation on these products makes it nearly impossible to ensure quality or consistency — especially in Texas, where the products are brought over state lines and sold under the table.
In Texas, whether the chocolate bar is genuine or fake does not matter from a legal standpoint. Possession of a product containing psilocybin is treated the same way under the law — especially considering that police can’t tell the difference and will likely be unable to accurately identify the active ingredient in the chocolate bars.
Remember, active ingredients can vary
Like we said, mushroom chocolate bars are not standardized products, and this means you never really know what is in them.
If you’re lucky, psilocybin will be the primary ingredient, but bars can also contain psilocin, which is another active compound in magic mushrooms. Bars that contain psilocin instead of psilocybin are common and are definitely a quality issue with counterfeit products, but are not the main issue with active ingredient variance.
The real issue with active ingredients in mushroom chocolates is that many counterfeit bars contain other completely unrelated substances, like cannabis, LSD, synthetic drugs and research chemicals (5-MeO-DMT specifically), and in some cases even dangerous drugs like fentanyl.
The bottom line? You very often have no clue what is actually in those mushroom chocolate bars in Texas — even if the QR code says they’re legit — which can have both far-reaching medical and legal implications.
Continue reading about LSD charges in Texas
Penalties for possession of mushroom chocolate bars
Penalties for possession of psychedelic mushrooms in Texas are always severe, but penalties for possession of mushroom chocolate can be even worse! The following are the state’s guidelines for penalties for possession of psilocybin in Texas.
| Amount possessed | Charge | Maximum fine | Jail time |
| < 1 gram | State jail felony | $10,000 | 180 days – 2 years |
| 1 – 4 grams | Third-degree felony | $10,000 | 2 – 10 years in prison |
| 4 – 200 grams | Second-degree felony | $10,000 | 2 – 20 years in prison |
| 200 – 400 grams | First-degree felony | $100,000 | 5 – 99 years in prison |
| > 400 grams | Enhanced first-degree felony | $100,000 | 10 – 99 years in prison |
Okay, so why did we say that penalties for mushroom chocolates can be even more harsh? Because the police don’t know how to test for the amount of active ingredient in them!
A 12 gram mushroom chocolate bar may only contain 1 gram of psilocybin (a state jail felony), but the police will often charge you for possession of the total weight of the product, and a charge for 12 grams is a second-degree felony that can land you in prison for up to 20 years!
So, when you’re talking about possession of mushroom chocolate bars, remember that normal, personal amounts of mushrooms can land you in prison for decades. Hire an ACS-CHAL lawyer-scientist like Mark Thiessen so that junk science by the police department doesn’t needlessly ruin your life.
Continue reading: What happens if you get caught with edibles?
Defenses to a magic mushroom charge
Chances are you’re looking for an attorney to help you build your defense. Make sure you hire a lawyer who knows how to get a possession charge dropped and has done so successfully in the past.
While the defense that will work for your case will depend upon the individual circumstances of your case, some common defenses used by drug lawyers in Texas include the following:
- Illegal search and seizure. If the police officer who arrested you did not have the legal right to search you and your property, evidence that would otherwise support your conviction may be suppressed.
- Lack of possession. The burden of proof is on the prosecution, and proving that the drugs actually belonged to you can sometimes be too difficult to secure a conviction. Were the mushrooms on the floor of the car? In a shared apartment? A backpack you were carrying for someone else? These are questions that the prosecution will have to answer and prove beyond a reasonable doubt.
- Lack of knowledge. Misunderstandings happen all the time, and it is entirely possible that someone came into possession of mushroom chocolate bars thinking they were regular chocolates.
- Lab testing errors. As we’ve alluded to, the police aren’t great at testing for what is actually in what they believe to be drugs. Their science is outdated, and the procedures they perform are complicated. Using science to uncover the truth is possible, but it requires a rare attorney who knows the science.
Mark Thiessen knows the science behind possession charges and has refuted lab results for his clients accused of drug charges and DWI in Texas to protect their freedom.
Caught with magic mushrooms or mushroom chocolates? Call Thiessen Law Firm for winning defense.
Although the casual sale of mushrooms might have you thinking they’re no big deal, being charged with possession of mushroom chocolates is often a life-altering felony offense. Before you know it, you’ll be up against incredibly steep fines, lengthy prison sentences, and a lifetime spent as a felon.
The good news? You’re not alone. Mark Thiessen and the attorneys at Thiessen Law Firm have spent years defending clients accused of drug possession and have a long history of taking cases to court and winning them.
If you or a loved one have been charged with possession of magic mushrooms, LSD, or whatever else was in your mushroom chocolate, Thiessen Law Firm is here to help. Call us today at (713) 864-9000 or contact us online to begin building your defense and protecting your life.
More Helpful Articles by Thiessen Law Firm:
- Cocaine Possession in Texas: Laws and Penalties
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- What You Need To Know About Driving High and DWI
- Possession of a Controlled Substance in Texas: What You Need To Know
- What is Possession with Intent to Distribute in Texas?
