News Update Feb 2022: Magic Mushrooms in New Mexico

Communities and cultures use magic mushrooms for a variety of purposes.

For example, the Aztecs consider these substances sacred and call them “God’s flesh.”

The Indians of New Mexico use these hallucinogenic mushrooms in religious ceremonies.

In the 1950s, people started isolating these mushrooms’ psychoactive substances. Psilocin and psilocybin are compounds that produce similar effects to psychedelics. Other psychedelics include DMT, LSD, and mescaline.

Ingesting psychedelics results in physical and psychological effects. Often, it changes how you sense things around you.

For example, users report that they can hear colors or see sounds. This phenomenon is what you know as a ‘trip.’

According to reports, psychedelic mushrooms taken with an MAOI inhibitor enhance your experience. Taking shrooms with Syrian Rue can give a similar experience to ayahuasca.

But gone are the days when psychedelics always had a bad rep. Instead, natural psychedelics are starting to take center stage for medicinal benefits. 

Recent Studies on Magic Mushrooms

Researchers from the University of Southern Florida recently discovered their benefits.

According to reports, low doses of these helped those suffering from health conditions. These shrooms can help treat physical ailments and mental health disorders.

Reports show patients recovering from cluster headaches. At the same time, those experiencing post-traumatic stress disorder, depression, anxiety, and addictions. 

Are There Magic Mushrooms in New Mexico?

You can find magic mushrooms everywhere in the USA. So yes, you can discover psychedelic mushrooms in New Mexico.

Some people call these cubes, liberty caps, mushies, or shrooms.

Two of the most notable species are the Psilocybe Mexicana and Stropharia Cubensis. You can also find psilocybin-containing mushrooms in the wild such as the following: 

  • Psilocybe cubensis
  • Gymnopilus luteofolius
  • Panaeolus Cinctulus
  • Psilocybe Mescaleroensis

New Mexico and Magic Mushrooms

Magic mushrooms in New Mexico have quite an interesting history.

It began when the state’s Court of Appeals overturned a drug trafficking conviction.

The police raided Pratt’s home in 2002. Inside his home, they found jars for growing mushrooms. Also, there were syringes containing psilocybin spores and other recreational drug paraphernalia. The New Mexico court sentenced David Ray Pratt to a drug trafficking conviction.

But in 2005, they decided and ruled in his favor. The court decided to do so because he did not extract the psilocybin from the mushrooms.

New Mexico law distinguishes the difference in the intent when cultivating mushrooms. One is for personal consumption, and the other is for drug trafficking.

Unfortunately, the case did not legalize the mushroom’s consumption, possession, and distribution.

Extracting psilocybin as you grow mushrooms is a second-degree felony. The most significant penalty is a hefty fine of up to 10,000 and up to 9 years in prison. Psychedelic mushrooms are still illegal at the state level. 

The legality of magic mushrooms will differ at the state and federal levels.

Schedule I controlled substances are not acknowledged for their medicinal benefits. This holds for both the federal and state levels.

Moreover, authorities consider these substances to have a high risk of abuse.

This was a classification made by the Drug Enforcement Administration. Unfortunately, this created a stigma against such substances.

So, the FDA has not yet approved their use for medical and recreational purposes.

This prevents society from learning more about using these drugs in medicine. 

Are magic mushrooms legal in New Mexico? According to shroom enthusiast Bett Williams, psilocybin is still a controlled substance.

Controlled substances include substances or drugs like other psychedelics, marijuana, ketamine, and more.

Bett Williams is also a Santa Fe author. She is currently writing a book on mushrooms. Her book, The Wild Kindness, focuses on how New Mexico played host to a cultural breakthrough.

There has been an increasing popularity of magic mushrooms in New Mexico. Since then, the demand has also grown.

Due to this, local authorities had to arrest and convict people. But, some reports say that people had a way to get out of plant medicine charges. They did this by joining the Native American church in New Mexico. 

Until now, the legal status of psilocybe spores in New Mexico has been quite ambiguous.

These spores do not contain psilocybin or psilocin, and these are the psychoactive substances found in psychedelic mushrooms.

Thus, selling or having these substances in many jurisdictions should not be illegal. Federal level, some state laws prohibit the use and manufacture.

Mushroom spores that do not contain psilocin or psilocybin are legal to buy, own, or sell. Also, it is legal to grow fresh mushrooms in New Mexico.

But, things change once processed, and these become dried mushrooms.

Full-grown or dried mushrooms are illegal whether they are for medical use.

The Difference Between Legalization and Decriminalization?

These two can be confusing because they may sound and appear the same. But, decriminalization of magic mushrooms means the reduction of penalties and fines. Selling, growing, or possessing will result in lighter punishments.

But, legalization means removing all penalties and fines on activities involving this substance. Yet, stakeholders need to adhere to the protocols set by the government. 

What’s Happening in Other Cities and States?

Oregon was the first state to decriminalize magic mushrooms. Some cities like Denver and Seattle have also decriminalized entheogenic plants and fungi. Such activities included its cultivation and possession.

But, other states are still stringent with their drug laws.

For example, New York has one of the heaviest penalties in the country. California, Georgia, and Idaho prohibited selling and possessing psilocybin mushroom spores. 

The Future of Other Psychedelics

There are so many psychedelics. Some are natural, like mescaline, ibogaine, DMT, LSD, and some, like MDMA or ecstasy.

The FDA reviewed a submission by MAPS (Multidisciplinary Association for Psychedelic Studies). Once approved, this will allow clinicians to use psychedelics.

For example, medical professionals can use psilocybin mushrooms to treat mental health conditions.

New Mexico and Marijuana

New Mexico was the first state to pass a bill recognizing its medicinal benefits. The state also legalized its use for cases but under strict controls.

Since then, the New Mexico Board of Pharmacy decriminalized cannabis and magic mushrooms.

But, this is only limited to personal use. Since these two drugs are still considered Schedule I controlled substances.

Thus, the intent to manufacture and distribute the substance is still a crime. 

gavel and scales on wooden background

What’s Going To Happen in The Future?

New Mexico’s drug policy reform efforts are still lacking.

They have yet to catch up to neighboring states like Colorado.

But, change is happening in New Mexico. Magic mushrooms and other natural psychedelics are now viewed in a better light.

The road to decriminalize and legalize psychedelics has been a bumpy ride. But it’s all worth it if people will have legal access to its medicinal and therapeutic use.

The near future is looking bright. Most especially now that more people are taking a stand to give psychedelics a chance. 

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