MAGIC MUSHROOMS and THE DRUGS BILL
06 April, 2005 by Celia Strange
The Drugs Bill received the Royal assent on 7th April 2005. (see Full Story for details of commencement of Clause 21)
Clause 21 inserts into Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 a fungus of any kind that contains the drug Psilocin or an ester of that drug. This has the effect of making such a fungus, often referred to as ‘magic mushrooms’, a Class A drug for the purposes of the 1971 Act.
Previously, such a fungus was only a class A drug where it was in a form which constituted a preparation or other product containing Psilocin or an ester of Psilocin for the purposes of paragraph 5 of Part 1 of Schedule 2 to the 1971 Act.
WHEN WILL THE NEW PROVISIONS BE IMPLEMENTED?
Clause 21 of the Act which relates to magic mushrooms will come into force on a date which the Secretary of State appoints. There may be secondary legislation concerning the implementation of the law as there are potential difficulties in enforcement, not least for those persons on whose land wild psilocibin mushrooms grow.
In the meantime,we advise that concerned parties should contact the Home Office or UK Parliament to find out information for themselves.
Home Office 0207 273 2620 or 0207 273 4000.
We do not think this change in the law will adversely affect the mushroom cases we have at present before the Crown Courts. However, it clearly has very serious implications for magic mushroom traders and users from the moment the relevant clause of the Drugs Act comes into force as they risk very lengthy custodial sentences. Many have ceased trading.
Useful websites : http://www.release.org.uk
http://www.tdpf.org.uk
http://www.parliament.uk
