‘Magic Mushroom’ Not A Scheduled Narcotic/Psychotropic Substance, Can’t Be Treated As A Mixture But Only A Fungi: Kerala HC
The Kerala High Court has ruled that magic mushrooms cannot be considered a scheduled narcotics psychotropic substance under the NDPS Act.
Justice P.V. Kunhikrishnan referred to similar decisions by the Karnataka and Madras High Courts, emphasizing that mushrooms are fungi, not mixtures, and therefore not covered by the Act’s provisions.
The case involved a petitioner arrested for possessing charas, ganja, and magic mushrooms containing Psilocybin. The Court found that the charas and ganja were in small quantities, and the Psilocybin content in the mushrooms was not separately quantified to classify it as a commercial quantity.
The Court highlighted that Psilocybin in magic mushrooms must be assessed based on its actual content, but in this case, the prosecution failed to provide evidence of a commercial quantity. Given the lack of prior criminal records and the petitioner’s 90-day custody, the court granted bail.
Source: – Live Law
By: – Rajat Ranjan
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