Legal Analysis of Medical Mushroom Dispensaries


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Coun. Melissa De Genova recently introduced a resolution in the city council regarding medicinal mushrooms. The resolution was passed 5-2 with two abstentions. The proposed resolution was to study the impact of legalizing medical marijuana and if the city should regulate and tax the sale of medicinal mushrooms online. The proposed ordinance was denied by the full city council. However, Coun. De Genova still plans to introduce the resolution once again at a later date.

Coun. Melissa De Genova states she is particularly concerned with the effect on public safety and public health of companies selling psilocybe mushrooms and is concerned for the effect on public safety of organizations that operate a medicinal mushroom dispensary.

The original legislation, which made it illegal to sell psilocybin or psilocysine, contained some difficulties including the fact that the substance was not deemed by the FDA as safe. The original legislation also targeted specific types of mushrooms that contain psilocybin and in doing so, actually covered all of the varieties and growing forms of mushrooms, including edible forms. Currently only the dried form of psiloform is covered by the FDA's determination that it poses no immediate health risk. Consequently, in order for the dispensaries to be considered under the purview of the Controlled Substances Import and Export Act, all forms of psychedelic mushrooms must be cultivated and sold under a license issued by the FDA.

The proposed legislation seeks to address this particular issue by changing the name of the controlled substances act to a schedule. This would essentially subject all forms of mushrooms to regulation under a uniform administrative code of law. The legislation would also explicitly define the list of Schedule I and Schedule II substances, which includes all of the legal highs and psilosants listed above. The legislation proposes to remove references to medical use from the definition of 'psychoactive drugs' and instead create a new term, "high," which could apply to any drug with a stimulant effect; however, the wording is intentionally vague and would likely be changed once the final bill is passed. Finally, it would be clarified that any attempt to schedule a non-medical use of a psychoactive substance would not make that substance illegal, only illegal to sell.

Proponents of the legislation claim that the new legislation would prevent individuals from using controlled substances if they are interested in pursuing alternative means of enhancing their drug experiences. However, many people who are interested in pursuing a therapeutic use of the natural and edible products of fungi would be forced to violate federal law and may be punished with criminal prosecution if they are caught doing so, check mushroom delivery. This legislation would not prevent individuals from cultivating mushrooms in their own homes for personal consumption, nor would it prevent them from growing mushrooms on their own private property. In short, this legislation would actually criminalize possession of a medically approved and unregulated product, and those who grow or sell these products would be forced to comply with harsh punishment if found guilty.

Supporters of the proposed legislation argue that the original definition of the schedule, which contained only substances with a stimulant effect, did not include medical use. Those who argue that medical use should be reclassified argue that such medical use would include the growing of certain foods that contain active ingredients from fungi such as shiitake, Agaricus, and Penicillium. Some even argue that some mushrooms do have medical uses, and that the medicinal qualities of mushrooms are clearly recognized by both traditional and modern medicine. Those who believe that the original intent of the law should be retained, claim that the proposed legislation would unconstitutionally create a gray area in which certain lawful activities could take place, and force citizens to violate federal law if they grow or sell medical-related products. Read more at https://en.wikipedia.org/wiki/Mushroom

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© 2021 Anthony Garfield. All rights reserved.
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