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18 July 2005 - Loophole Allowing the Sale
of Magic Mushrooms Closed
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It will now be an offence to sell, possess or supply magic
mushrooms in all forms – whether dried, packaged or fresh – as Section 21 of the
Drugs Act 2005 comes into force.
The Drugs Act 2005 received Royal Assent on 7 April 2005 with
section 21 of the Act coming into force on 18 July 2005, in which it has amended
the Misuse of Drugs Act 1971 so that any fungi containing psilocin (a Class A
hallucinogen) or an ester of psilocin – commonly known as magic mushrooms – are
controlled drugs.
Although it was an offence to import, export, supply or possess
dried or packaged mushrooms, mushroom vendors were using an apparent loophole in
the law to import and sell fresh magic mushrooms.
The new law extends to fresh mushrooms as well as prepared
mushrooms and also covers the sale and importation of kits.
Statutory Instruments, Explanatory Memorandum and Written
Ministerial Statement on Section 21 were laid before Parliament on 23 June 2005
by Home Office Minister Paul Goggins who commented:
"By clarifying the law we are making it clear that we will
not allow the sale and supply of magic mushrooms whether fresh or dried. This
will benefit people likely to be at risk from the dangerous effects of magic
mushrooms and will bring to an end profiteering in fresh mushrooms by growing
numbers of vendors."
John Whyte, Class A drugs lead for Customs Detection also
commented:
"H.M. Revenue and Customs will take a robust approach to the
traffic in magic mushrooms and is fully committed to achieving the Government’s
aim to shut down the commercial importation and supply of these goods."
Further information on The Drugs Act 2005 can be found on the
Tackling Drugs web site:
Tackling drugs : Drugs Act 2005
The Act can be found on the Office of Public Sector Information
(OPSI) web site by clicking the following link:
Drugs Act 2005
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