In a landmark ruling, the Kerala High Court clarified that magic mushrooms do not qualify as narcotic substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), as they are not classified as mixtures containing psilocybin—a naturally occurring psychedelic compound.
The decision came as the Court examined the case of an accused individual found in possession of charas, ganja, and 276 grams of magic mushrooms. The pivotal question was whether the entire weight of the mushrooms could be considered when determining the threshold for a “commercial quantity” of contraband under the Act.
Mushrooms Are Fungi, Not Mixtures
Justice PV Kunhikrishnan underscored that while psilocybin is a scheduled substance under the NDPS Act, magic mushrooms themselves are not classified as such. The Court reasoned that psilocybin is not a chemically combined component within the mushrooms but an active compound that naturally occurs in minimal quantities—approximately 1% per gram.
Drawing support from prior rulings by the Karnataka and Madras High Courts, the Court firmly rejected the prosecution’s assertion that magic mushrooms should be treated as a “mixture” of psilocybin and other neutral substances under Note 4 of the NDPS Act.
“If the mushrooms were deemed mixtures, their entire weight would determine whether a commercial quantity was involved. However, as fungi, they do not meet this criterion,” the judgment stated.
Implications for Bail
The ruling played a decisive role in the accused’s bail hearing. Since the small quantities of charas and ganja seized did not meet the commercial threshold, the case hinged on the classification of the mushrooms. By excluding their full weight and considering only the psilocybin content, the Court determined that the seized contraband did not constitute a commercial quantity.
This distinction eased the path for bail, as stricter provisions under Section 37 of the NDPS Act apply only in cases involving commercial quantities. The Court also noted that the accused had no prior criminal record and had been in custody for over 90 days since his October 2024 arrest.
Final Verdict
Concluding that there was no evidence to suggest the accused possessed a commercial quantity of psilocybin, the Court granted him bail with conditions. The ruling sets a significant precedent in interpreting the NDPS Act, providing clarity on the treatment of naturally occurring substances like magic mushrooms.
This case marks a noteworthy moment in the evolving legal framework surrounding psychedelics and their regulation under Indian law.
