In a landmark ruling, the Kerala High Court declared that authorities do not consider magic mushrooms, which contain the psychoactive compound psilocybin, as narcotics or psychotropic substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This decision comes as part of a bail hearing for a petitioner arrested in October last year on charges of possessing and transporting illegal substances, including charas, ganja, and 226 grams of magic mushrooms.
The petitioner’s legal team argued that the magic mushrooms, which contain psilocybin, should not be treated as a narcotic substance, highlighting that the psilocybin content in the mushrooms is minimal — approximately 1% per gram. The defense also pointed out that the quantity of psilocybin in both the mushrooms and the capsules seized from the petitioner was not separately quantified, making it difficult to determine whether the seizure amounted to a commercial quantity of the substance.
Justice PV Kunhikrishnan, who presided over the case, echoed the views of other high courts, including those of Karnataka and Madras. He stated that authorities should not categorize magic mushrooms as a mixture of substances, which would trigger the more severe provisions of the NDPS Act, including specific penalties for small and commercial quantities. As such, the court ruled that the provisions related to small and commercial quantities, as outlined in Note 4 of the NDPS Act, did not apply in the case of magic mushrooms.
Furthermore, the court emphasized that authorities should consider magic mushrooms as fungi, not as a mixture of drugs or psychotropic substances. This clarification aligns with the arguments made by the defense that the mushrooms’ psilocybin content, which is naturally occurring and relatively small, does not justify treating the mushrooms as a narcotic substance.
The Kerala High Court’s ruling brings attention to the evolving legal landscape surrounding substances like psilocybin, which have garnered increased interest in scientific and medicinal circles. Psilocybin, the active compound in magic mushrooms, has shown potential therapeutic effects, including for the treatment of depression and anxiety, leading some to advocate for its decriminalization and medical use.
The court’s decision also underscores the need for a nuanced approach when dealing with substances that have varying degrees of psychoactive effects. It highlights the importance of distinguishing between different types of psychoactive substances and understanding their specific effects and legal implications.
While the court’s ruling is significant for the petitioner’s bail plea, it may also set a precedent for future cases involving similar substances. The legal landscape surrounding the use and classification of psychoactive substances is likely to continue evolving as new research emerges and societal attitudes shift toward more progressive policies regarding drug use.
The case also serves as a reminder of the complexity involved in enforcing drug laws, particularly when substances like magic mushrooms do not fit neatly into traditional categories of narcotics and psychotropic drugs. As more jurisdictions around the world reconsider their stance on substances like psilocybin, the Kerala High Court’s ruling may be an important step toward reforming India’s approach to drug-related legislation.
