Michael Davis
Indiana has some of the strictest laws in the country for psilocybin and psilocin, the two psychoactive substances found in magic mushrooms. While mushroom spores are legal to buy and sell in Indiana, it is illegal to possess, cultivate, or sell magic mushrooms. The penalties for possessing magic mushrooms in Indiana range from a Class A misdemeanor to a Level 6 felony, with fines of up to $500 and 60 days in jail for possessing 1 gram or less. As public perception of psychedelics becomes more tolerant, Indiana may consider loosening its restrictions on psilocybin mushrooms, especially as states like Oregon, Colorado, and Washington D.C. have recently decriminalized their use.
| Characteristics | Values |
|---|---|
| Legal Status of Psilocybin Mushrooms in Indiana | Illegal |
| Possession of Psilocybin Mushrooms in Indiana | Illegal |
| Manufacturing Psilocybin Mushrooms in Indiana | Illegal |
| Dealing Psilocybin Mushrooms in Indiana | Illegal |
| Financing the Manufacture or Delivery of Psilocybin Mushrooms in Indiana | Illegal |
| Possession of Mushroom Spores in Indiana | Legal |
| Sale of Mushroom Spores in Indiana | Legal |
| Possession of Mushroom Spores After Germination in Indiana | Illegal |
| States That Have Legalized Psilocybin | Colorado, Oregon |
| States That Have Decriminalized Psilocybin | Washington D.C., Michigan |
| Potential Benefits of Psilocybin | Cure ailments like existential anxiety, aid in end-of-life care and post-traumatic stress disorder |
| Charges for Possession of Psilocybin Mushrooms in Indiana | Misdemeanor or Felony, depending on the amount |
| Penalties for Possession of Psilocybin Mushrooms in Indiana | Fines, incarceration, damage to reputation and future opportunities |
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What You'll Learn
- Possession of psilocybin mushrooms in Indiana is illegal and punishable by fines and incarceration
- Indiana allows people to donate to research into the potential therapeutic effects of psilocybin
- Mushroom spores are legal to buy and sell in Indiana, but become illegal after germination
- Magic mushrooms are decriminalised in Oregon, Washington D.C., Colorado, and certain parts of Michigan
- Penalties for possession of psilocybin mushrooms in Indiana depend on the amount possessed
Possession of psilocybin mushrooms in Indiana is illegal and punishable by fines and incarceration
While the possession, distribution, and manufacture of psilocybin-containing mushrooms or "magic mushrooms" are illegal in Indiana, the state supports research into the therapeutic effects of psilocybin.
According to Indiana Code 35-48-4-7, it is illegal to knowingly or intentionally possess psilocybin-containing mushrooms or products, such as edibles. The penalties for violating this law can range from a Class A misdemeanour to a Level 6 felony, depending on the amount of the substance and the presence of aggravating factors.
A Class A misdemeanour conviction typically carries penalties of up to 365 days in prison and fines of up to $5,000. If enhancing circumstances or aggravating factors are present, such as prior convictions, the offence may be elevated to a Level 6 felony. A Level 6 felony conviction can result in 6 months to 2.5 years in prison and fines of up to $10,000.
If the amount of magic mushrooms is at least 28 grams, or between 10 and 28 grams with enhancing circumstances, the charge can escalate to a Level 2 felony. This level of conviction can lead to penalties of 10 to 30 years in prison and fines of up to $10,000.
It is important to note that mushroom spores themselves do not contain psilocybin and are legal to buy and sell in Indiana. However, the act of germinating these spores to grow psilocybin-containing mushrooms is illegal.
While Indiana maintains strict laws regarding psilocybin mushrooms, there is a growing interest in their potential therapeutic benefits. The state has passed legislation to support research in this area, and there are groups advocating for the legalisation of psychedelic substances.
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Indiana allows people to donate to research into the potential therapeutic effects of psilocybin
Indiana has some of the strictest laws in the country for psilocybin and psilocin, the two psychoactive properties found in "magic mushrooms". Possession of magic mushrooms in Indiana is considered a criminal offense and can result in incarceration and fines. However, Indiana allows people to donate to research into the potential therapeutic effects of psilocybin.
In February 2024, Sen. Ed Charbonneau presented a bill to establish a fund for psilocybin research before the House Public Health Committee. The bill included a special recognition of its potential for veterans, many of whom develop post-traumatic stress disorder. The bill passed with a 12-1 vote.
The governor of Indiana, Gov. Eric Holcomb, signed the bill into law in March 2024. Under the new law, the state will create a therapeutic psilocybin research fund to provide financial assistance to research institutions in Indiana to study the use of psilocybin in treating mental health and other medical conditions, especially in veterans and first responders.
While the bill's focus is on health care issues, it is a step towards the decriminalization of psilocybin, which has gained traction in other states like Oregon, Colorado, and Washington D.C. The research conducted through this bill may influence future legalization of magic mushrooms in Indiana.
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Mushroom spores are legal to buy and sell in Indiana, but become illegal after germination
In Indiana, mushroom spores are legal to buy and sell. However, the act of germinating these spores to grow psilocybin mushrooms is illegal. While the spores themselves do not contain psilocybin, the psychoactive compound that causes hallucinations when interacting with the five senses, they can be used to cultivate psilocybin-containing mushrooms. Therefore, the legality of spores is tied to their intended use.
Indiana's laws regarding psilocybin-containing "magic mushrooms" are strict. According to Indiana Code 35-48-2-4(d)(30) and 35-48-4-7, psilocybin is considered a Schedule 1 drug, making it highly illegal to manufacture, deliver, sell, or possess any mushrooms or edibles containing the substance. Possession of magic mushrooms in Indiana can lead to 60 days in jail and a $500 fine, with penalties increasing for larger amounts.
The state's laws also address the financing of the manufacture or delivery of magic mushrooms and possession with the intent to manufacture or deliver. These offenses are typically considered Level 6 felonies, with penalties ranging from 6 months to 2.5 years in prison and fines of up to $10,000. If aggravating circumstances are present, such as the involvement of minors or prior convictions, the charges can escalate to Level 5 or even Level 2 felonies, resulting in harsher penalties.
While Indiana has strict regulations regarding psilocybin mushrooms, there are groups pushing for psychedelic legalization in the state. They aim to educate people and lawmakers about the potential benefits of psilocybin, which has shown promise in treating depression, addictions, and other mental health disorders. Some states, like Oregon, Washington D.C., and certain parts of Michigan, have already decriminalized the use of magic mushrooms, and there is a growing movement across the United States to explore the potential therapeutic uses of these substances.
It is important to note that the legal landscape regarding psychedelic mushrooms is complex and ever-evolving. While Indiana currently maintains strict laws, the efforts of advocacy groups and the changing legal status in other states may influence future legislation in Indiana.
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Magic mushrooms are decriminalised in Oregon, Washington D.C., Colorado, and certain parts of Michigan
In Indiana, it is illegal to possess, manufacture, deliver, or deal psilocybin-containing magic mushrooms. Mushroom spores, on the other hand, are legal to buy and sell in Indiana because they do not contain psilocybin. However, the act of germinating these spores to grow psilocybin mushrooms is illegal.
While magic mushrooms remain illegal in Indiana, they have been decriminalised in several parts of the United States. Oregon was the first US state to decriminalise psilocybin and legalise it for supervised non-medical use in November 2020. Following Oregon's lead, the District of Columbia (Washington D.C.) passed the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect on March 15, 2021, decriminalising psilocybin drugs, including magic mushrooms.
In 2022, Colorado became the second US state to decriminalise psilocybin mushrooms. The approved measure legalised the use, growing, and sharing of psilocybin for personal private use, though retail sales and public use remain prohibited.
Additionally, certain parts of Michigan have also decriminalised magic mushrooms. In September 2020, the City Council of Ann Arbor, Michigan, voted in favour of a resolution declaring the investigation or arrest of individuals for activities related to entheogenic plants, including psilocybin mushrooms, to be the city's lowest law enforcement priority. In November 2021, Detroit, Michigan, joined the growing list of cities decriminalising psilocybin.
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Penalties for possession of psilocybin mushrooms in Indiana depend on the amount possessed
In Indiana, penalties for possession of psilocybin mushrooms vary depending on the amount possessed and the presence of any aggravating factors. While mushroom spores are legal to buy and sell, as they do not contain psilocybin, the act of cultivating psilocybin mushrooms is illegal.
According to Indiana Code § 35-48-4-7(a)(1), possession of 1 gram or less of psilocybin-containing mushrooms is typically considered a Class A misdemeanour, punishable by up to 365 days in prison and fines of up to $5,000. However, if aggravating factors such as prior convictions are present, the offence may be elevated to a Level 6 felony, resulting in up to 2.5 years in prison and fines of up to $10,000.
Possession of more than 1 gram of psilocybin mushrooms in Indiana carries steeper penalties. The specific consequences depend on the amount possessed and the presence of any enhancing circumstances. If convicted of possessing between 1 and 5 grams, individuals may face penalties associated with a Level 5 felony, although specific penalties for this level are unclear. For possession of at least 28 grams, or between 10 and 28 grams with enhancing circumstances, individuals may be charged with a Level 2 felony, resulting in 10 to 30 years in prison and fines of up to $10,000.
It is important to note that these laws are subject to change as discussions around the potential health benefits of psilocybin gain momentum.
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Frequently asked questions
No, magic mushrooms are illegal in Indiana.
Possession of magic mushrooms in Indiana can result in a fine of up to $500 and 60 days in jail. The penalties increase if you are caught with more than a gram.
Yes, mushroom spores are legal to buy and sell in Indiana as they do not contain psilocybin. However, it is illegal to germinate the spores to grow psilocybin mushrooms.
Yes, Colorado, Oregon, and Washington D.C. have all decriminalized the use of magic mushrooms.
Yes, an Indiana Senate Committee recently advanced a bill that would allow research on psilocybin therapy. Additionally, people can donate to research on the potential therapeutic effects of psilocybin, which may influence future legalization.
