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Police Law - Ninth Edition

Chapter 35 - Drugs

Chapter 35 - Drugs

Classification of drugs p 919

Magic mushrooms, ie fungus (of any kind) which contains psilocin or an ester of psilocin, have been added to the list of Class A drugs by the Drugs Act 2005, s 21. However, the Misuse of Drugs Act 1971, s 5(1) (prohibition of possession of controlled drugs) does not have effect in relation to magic mushrooms where they (a) are growing uncultivated; (b) are picked by a person already in lawful possession of them for delivery as soon as reasonably practicable into the custody of a person legally entitled to take custody of them and they remain in that person's possession for and in accordance with that purpose; (c) are picked for either of the purposes specified below and are held for and in accordance with the purpose specified in (ii) below, either by the picker or by another person; or (d) are picked for the purpose specified in (ii) below and are held for and in accordance with the purpose specified in (i) below either by the picker or by another person.

For the purposes of (c) and (d) above, the purposes specified are (i) the purpose of delivering the magic mushrooms as soon as reasonably practicable into the custody of a person lawfully entitled to take custody of them; and (ii) the purpose of destroying the magic mushrooms as soon as reasonably practicable.

Unlawful Import and Export p 920

Delete last sentence relating to arrestable offences.