Land snag on magic mushroom law

May 6, 2005

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May 5 2005

By The Journal

Landowners with magic mushrooms growing wild on their property could be caught

in a legal loophole in the new Drugs Act 2005, which was rushed through

Parliament before the election announcement.

The Country Land and Business Association (CLA) will be urging the new

government to swiftly introduce regulations to make it clear that landowners are

not committing an offence merely by having the hallucinogenic fungus, now a

class A drug, growing on their property.

Before Parliament was prorogued, Home Office Minister Caroline Flint confirmed

that the new law needed clarifying if it wasn't to criminalise innocent

landowners.

The CLA is particularly keen for the new government to state that it will not be

an offence to be aware of magic mushrooms on your property and fail to destroy

them.

Section 21 of the Drugs Act 2005 was introduced to make the possession and sale

of magic mushrooms - including freshly picked and unprocessed ones - illegal.

Formerly, under the 1971 Misuse of Drugs Act, it was only illegal to possess

psilocin and psilocybin - the psychoactive constituents of the mushrooms.

Angus Collingwood- Cameron, CLA North East director, said: " While there was no

deliberate intention to make it an offence for having this fungus growing wild

on your land, this is another example of the need to properly consider the

implications of legislation for rural areas.

" It would be high farce to prosecute a farmer for possessing a Class A drug

simply because Mother Nature had produced mushrooms on the farm. "

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