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July 18, 2005: "Magic Mushrooms" Loophole Closed
From the 18th July, 2005, it will 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.
Section 21 has amended the Misuse of Drugs Act 1971 so that any fungi containing
psilocin or an ester of psilocin – commonly known as magic mushrooms – are
controlled drugs.
It is already an offence to import, export, supply or possess dried or packaged
mushrooms. However, mushrooms vendors have used an apparent loophole in the law
to import and sell fresh magic mushrooms. The Government has now clarified the
law on psilocin, the Class A hallucinogen in mushrooms, so that it extends to
fresh mushrooms as well as prepared mushrooms. The new offence also covers the
sale and importation of kits.
The last two years has seen a sudden increase in the number of shops selling
magic mushrooms from only a handful to over 400 in the UK.
HM Revenue and Customs estimate that a
significant proportion of the UK magic mushroom market is fed through imports
from the Netherlands.
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