Legal Question in Criminal Law in Florida

psilocybe mushrooms

i was arrested for possession of a schedule one narcotic, felony 3, for having in my possession a bag of freshly picked mushrooms which i thought were a garden variety species. i was cought in the field with them and arrested on the spot. i read a case up held by the fla supreme court stating that possession of fresh psilocybe mushrooms is not illegal if the appellant is not aware of the fact that the mushrooms were a drug.(fiske v. state of florida) also it state that psilocin the drug is illegal but never specifies what the drug occurs in naturally(ie; tree,grass,mushroom...etc)

is this true,and can i beat this in court?


Asked on 8/23/00, 10:25 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: psilocybe mushrooms

There is no doubt that you have a defense!! Every case that I have had with facts that are similar to the facts that you wrote about has been either dismissed or dropped to a lower charge. I hope that you realize that that this charge is a felony charge, and you should consider hiring an attorney to insure that the proper legal arguments are made. GOOD LUCK....

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Answered on 8/24/00, 10:40 am


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