"Mushrooms or magic mushrooms are not narcotic substances and cannot be treated as psychotropic substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act," ruled the Kerala High Court recently.
The court was dealing with the case of one Rahul Rai, who was arrested for possessing charas, ganja, and magic mushrooms when it addressed the legal status of magic mushrooms or Psilocybin, particularly in relation to their classification under the NDPS Act.
Rahul Rai was arrested by the Mananthavady excise officials in October 2024. The authorities seized 226 grams of psilocybin-containing magic mushrooms, along with 50 grams of magic mushroom capsules, during the arrest.
Justice PV Kunhikrishnan, who presided over the case, argued that mushrooms, including magic mushrooms, cannot be considered narcotics or psychotropic substances. He emphasised that mushrooms are a natural fungus and not a "mixture," and therefore, they fall outside the purview of the NDPS Act.
In his ruling, Justice Kunhikrishnan pointed out that mushrooms are not scheduled narcotics or psychotropic substances, and thus the specific thresholds for small or commercial quantities of drugs, as defined in the NDPS Act, do not apply to them.
Citing similar judgments from the Karnataka and Madras High Courts, the judge stated that "magic mushroom cannot be treated as a mixture" and clarified that it is "only fungi."
This decision has significant legal implications, particularly for future cases involving psychedelic substances like magic mushrooms. It sets a legal precedent that substances not categorized under the NDPS Act cannot automatically be treated as illegal or subject to the same legal restrictions.
Veena, the defense lawyer representing Rahul Rai, articulated several critical arguments that contributed to the Kerala High Court's decision. She highlighted that:
1. Magic Mushrooms Are Not a Scheduled Narcotic:
"Magic Mushroom is not a scheduled narcotic drug or psychotropic substance under the NDPS Act," Veena argued. This foundational point directly influenced the court’s decision to exclude magic mushrooms from being classified as controlled substances.
2. Chemical Analysis Report and Commercial Quantity:
Veena also pointed out that the chemical analysis report for the seized mushrooms failed to specify the percentage of psilocybin or psilocin detected. As a result, she argued that it could not be presumed that the quantity of mushrooms seized was a "commercial quantity." She emphasized that "the net weight of the magic mushroom cannot be taken for arriving at a conclusion that commercial quantity was involved."
3. Scientific Evidence on Psilocybin Content:
To substantiate her argument, Veena referenced an article published in Frontiers in Psychiatry, which concluded that the average psilocybin content in dried Psilocybe cubensis mushrooms is around 1% per gram. Based on this, she argued that the magic mushrooms seized in this case likely contained less than the prescribed "small quantity" of psilocybin. "Going by this calculation, the Psilocybin content in the magic mushroom seized would be less than small quantity," she stated, thereby questioning the prosecution's assumption of a commercial quantity.
4. Legal Precedent from Other Courts:
Veena also cited previous judgments from the Karnataka and Madras High Courts, which reinforced the stance that magic mushrooms should not be treated as mixtures or narcotic substances. For instance, in the case of Saeidi Mozdheh Ehsan V. State of Karnataka (2013), the court ruled that in the absence of specific narcotic content details, the seized magic mushrooms could not be considered a commercial quantity, and therefore, bail was granted.
Additionally, in S. Mohan V. State of Tamil Nadu (2024), the court similarly granted bail, stating that the magic mushrooms seized did not meet the legal requirements to be considered narcotic substances. These precedents were pivotal in bolstering the defense's case.
Argument Against Classification as a Mixture:
Veena clarified that magic mushrooms should not be treated as a "mixture" under the NDPS Act. She noted that, in line with these previous decisions, the mushrooms were a natural product and not a chemical mixture, a key point in the ruling that ultimately benefited the defense.
The ruling could also signal a shift in India's drug laws, particularly in relation to substances with potential medical applications. Veena pointed out that the therapeutic uses of psilocybin are actively being researched worldwide, including in India. Studies have shown promising results in treating conditions such as treatment-resistant depression, cancer-related depression, OCD, and even cluster headaches. "Psilocybin has a favourable safety profile, related to other psychedelics, with lower occurrences of seizure, hospital admission, and other serious adverse effects," she noted.
This opens up the conversation for potential legal reforms, as Veena argued that psychedelic substances like psilocybin-containing mushrooms should be regulated for therapeutic use under the Drugs and Cosmetics Act. If these substances can be shown to have significant medicinal value, the Indian government could consider revising its stance on such natural substances, thereby allowing access to therapeutic treatments under controlled, safe conditions.
While the defense raised arguments in favor of decriminalizing and regulating psilocybin for medical use, Dr. Vishnu, a psychiatrist, expressed reservations about the widespread use of magic mushrooms. Psilocybin is a hallucinogen, and as Dr. Vishnu explained, "It creates hallucinations, which are psychotic symptoms that can push the user into a psychotic episode." He warned that for individuals predisposed to mental health issues, psilocybin could potentially trigger anxiety attacks, panic disorders, or psychosis.
However, he acknowledged the growing interest in the therapeutic use of psilocybin, especially in clinical trials for treatment-resistant depression. Despite this, Dr. Vishnu remains cautious about widespread approval, highlighting that psilocybin is still classified as a Schedule 1 substance under the UN Convention on Psychotropic Substances, meaning it is considered to have no recognized medical use.
Dr. Vishnu’s concerns reflect the fine line between the potential therapeutic benefits of psilocybin and the risks associated with its misuse. He emphasized that any decision to legalize or decriminalize such substances should be based on thorough clinical research and an understanding of their long-term effects on mental health.
The Kerala High Court's ruling on magic mushrooms is a significant moment in the legal landscape regarding psychedelic substances in India. With the court's distinction between fungi and narcotics, and the defense's arguments around the lack of clear evidence on the psilocybin content, this case may serve as a catalyst for a broader conversation about drug laws, medical research, and the potential for reform in India. As the global trend toward the decriminalization and medical use of psychedelics continues to grow, India may soon find itself reconsidering its approach to substances like psilocybin, especially in light of their promising medical potential.