What Are the Penalties for Possessing or Growing Psilocybin Mushrooms in Each Australian State and Territory?

Psilocybin, the psychoactive compound in “magic mushrooms,” is a prohibited substance in Australia. The only legal exception is a narrow medical pathway for treatment-resistant depression, where authorised psychiatrists can prescribe it . For everyone else, possession and cultivation are criminal offences. However, the penalties for these offences vary significantly across states and territories. This guide outlines the maximum penalties for possessing or growing psilocybin mushrooms in each Australian jurisdiction.

How Penalties Are Determined

Penalties for drug offences in Australia depend on a few key factors:

• The quantity of the drug: Many states use tiered systems based on the weight of the drug (or plant material) involved. For psilocybin, a very small quantity can trigger serious charges. In a New South Wales case, the court noted that the “indictable, that is serious, quantity of psilocybin is only 0.25 of a gram” .
• The type of offence: Is it for personal use, or does the law presume supply or trafficking?
• State and territory legislation: Each jurisdiction sets its own maximum penalties.
• The individual’s criminal history and other circumstances: Courts have discretion in sentencing.

Penalties for Possession

Possession of a psilocybin mushroom is generally an offence. The amount you possess typically determines the severity of the charge.

Australian Capital Territory

In the ACT, it is an offence to possess a prohibited substance. The penalty depends on the quantity:

• For a quantity not more than the small quantity: Up to 1 penalty unit .
• For a quantity above the small quantity (or no small quantity prescribed): Up to 50 penalty units, imprisonment for 6 months, or both .

New South Wales

In NSW, the Drug Misuse and Trafficking Act 1985 sets the penalties for possession . The maximum penalty for possession of a prohibited drug is a fine and/or imprisonment for up to 2 years.

Northern Territory

In the NT, the Misuse of Drugs Act sets the penalties. A person can be charged with possession of a dangerous drug. The maximum penalty for an individual offence, such as possession of an ice pipe (which can be linked to drug use), can be imprisonment for up to 6 months .

Queensland

In Queensland, it is a crime to unlawfully have in your possession anything for use in connection with a dangerous drug offence . The maximum penalty can be up to 15 years imprisonment .

South Australia

In SA, a “simple possession” offence (for a drug other than cannabis) carries a maximum penalty of a $2,000 fine, imprisonment for 2 years, or both . Possession of equipment for use with a controlled drug is also an offence .

Tasmania

In Tasmania, the Poisons Act 1971 makes it an offence to possess a restricted substance unless you are authorised to do so . The maximum penalty is a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years .

Victoria

Victoria’s Drugs, Poisons and Controlled Substances Act 1981 sets out the penalties for possession of a drug of dependence. The maximum penalty is typically a fine and/or imprisonment for up to one year for a small quantity, but it can be more for larger amounts.

Western Australia

In WA, the Misuse of Drugs Act 1981 makes it illegal to possess an illicit drug . Possession offences carry a maximum penalty of a $2,000 fine, imprisonment for 2 years, or both .

Penalties for Cultivation or Growing

Cultivating psilocybin mushrooms is generally considered a more serious offence than simple possession. This is because cultivation can be seen as a step towards supply, even if that is not the intention.

Australian Capital Territory

In the ACT, the law focuses on the supply of prohibited substances, but cultivation can be prosecuted under provisions related to manufacturing or production.

New South Wales

In NSW, cultivation of a prohibited plant (which includes psilocybin mushrooms) is an offence. The maximum penalty can be up to 15 years imprisonment or a significant fine, depending on the quantity . A case in Bega Valley demonstrates that even a small quantity of psilocybin mushrooms (4.6 grams) can lead to a charge of manufacture, as the law considers the weight of the total mushroom material .

Northern Territory

In the NT, the Misuse of Drugs Act sets the penalties for manufacturing a dangerous drug. A person can be charged with taking part in the supply of a commercial quantity of a drug, which can lead to imprisonment for up to 25 years .

Queensland

In Queensland, cultivation is an offence under the Drugs Misuse Act 1986. The penalty depends on the quantity and whether the cultivation is for a commercial purpose . The maximum penalty can be up to life imprisonment for certain offences involving large commercial quantities or supply to minors .

South Australia

In SA, cultivation of controlled plants with the intention to sell them is an offence under the Controlled Substances Act 1984 . The penalties depend on the quantity of plants. For a large commercial quantity, the maximum penalty is a fine of up to $1,000,000 or imprisonment for life, or both . For a commercial quantity, the maximum penalty is a fine of up to $200,000, or imprisonment for 25 years, or both .

Tasmania

In Tasmania, the Poisons Act 1971 makes it an offence to grow a prohibited plant without a licence . The maximum penalty is a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years .

Victoria

Victoria’s Drugs, Poisons and Controlled Substances Act 1981 sets penalties for cultivating a narcotic plant. The penalties vary based on the quantity and purpose of the cultivation, with maximum sentences reaching life imprisonment for large commercial quantities.

Western Australia

In WA, the Misuse of Drugs Act 1981 makes it illegal to cultivate an illicit drug . Cultivation for the purpose of supply carries a maximum penalty of a $100,000 fine, imprisonment for 25 years, or both .

The Importance of Quantity

In every jurisdiction, the quantity of the drug or plant material involved is a critical factor. The law often uses “traffickable,” “commercial,” and “large commercial” quantity thresholds to determine the maximum penalty. For psilocybin, the thresholds are extremely low, meaning even a small number of mushrooms can lead to a serious charge. In South Australia, for example, a large commercial quantity of a controlled drug can trigger a maximum penalty of life imprisonment .

Conclusion

The penalties for possessing or growing psilocybin mushrooms in Australia are severe and vary across states and territories. This variation reflects the different legislative approaches to drug offences. A key factor in determining the penalty is the quantity of the drug or plant material involved, and for psilocybin, the thresholds for more serious charges are very low. It is crucial to note that this is a complex area of law, and the information provided here is for educational and research purposes only. This does not constitute legal advice. If you need legal advice, you should consult a qualified legal professional in your jurisdiction.