The kerala high court noted that “Mushroom or magic mushroom cannot be treated as a mixture. Therefore, Note 4 of the Table dealing with the small quantity and commercial quantity is not applicable as far as Mushroom or magic mushroom is concerned. Admittedly, the mushroom or magic mushroom is not a scheduled narcotic or psychotropic substance.”
Kerala: The Kerala High Court recently clarified that magic mushrooms are not considered narcotic drugs under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This decision came in the case of and played an important role in determining whether the accused in a drug possession case should be granted bail.
Justice PV Kunhikrishnan, while delivering the judgment, stated that even though magic mushrooms contain a small amount of psilocybin, a substance listed as a narcotic drug, it is not enough to classify the mushrooms themselves as narcotic drugs. The Court pointed out that magic mushrooms cannot be treated as a mixture of a neutral substance and a narcotic substance under the NDPS Act.
The Court noted that “Mushroom or magic mushroom cannot be treated as a mixture. Therefore, Note 4 of the Table dealing with the small quantity and commercial quantity is not applicable as far as Mushroom or magic mushroom is concerned. Admittedly, the mushroom or magic mushroom is not a scheduled narcotic or psychotropic substance.”
This finding was crucial in deciding whether the man accused of possessing magic mushrooms and other drugs was carrying a commercial quantity of narcotic substances. If the Court had treated the mushrooms as a mixture, the entire weight of the mushrooms would have been considered to determine whether the accused possessed a commercial quantity (50 grams or more) of illegal drugs. However, the Court clarified that only the psilocybin content of the mushrooms should be considered, which is about 1 percent per gram.
The State had argued that magic mushrooms should be treated as a mixture containing psilocybin, but the Court rejected this view, emphasizing that psilocybin is a naturally occurring compound in the mushrooms, not chemically combined with them.
The Court emphasized that “Whether a mushroom can be considered as a mixture? I am not in a position to accept the contentions of the prosecution that mushroom is a mixture. It is only fungi.”
The ruling also helped decide the accused’s bail eligibility. Bail in narcotics cases is often dependent on whether the accused is found to be in possession of a small quantity or a commercial quantity of drugs. In this case, the accused was found to have 276 grams of magic mushrooms and 50 grams of magic mushroom capsules containing psilocybin.
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The Court noted that the amount of charas and ganja (other drugs) seized from the accused was small, and the main issue was whether the magic mushrooms amounted to a commercial quantity of contraband. Since the Court ruled that magic mushrooms are not a narcotic drug or a mixture under the NDPS Act, the weight of the mushrooms could not be counted in determining if the accused was carrying a commercial quantity.
The accused’s counsel argued that the psilocybin content in the mushrooms was minimal, meaning that only a small quantity of contraband could be attributed to the accused. The State, however, maintained that the mushrooms should be treated as a mixture, which would push the total weight over the threshold for commercial quantity.
The Court rejected the State’s argument and ruled that the psilocybin content should be the only factor considered. As a result, the quantity seized did not amount to a commercial quantity of drugs.
The Court concluded that there was no evidence to suggest that the accused was in possession of a commercial quantity of psilocybin. Without the commercial quantity, the strict provisions of Section 37 of the NDPS Act, which impose high bail conditions in such cases, did not apply.
The Court observed that “There are no materials as of today to find that the petitioner was in possession of commercial quantity of psilocybin. If commercial quantity is not applicable, the rigour under Section 37 of the NDPS Act (when it comes to grant of bail) is not applicable.”
Given that the accused had no criminal history and had already been in jail for 90 days since his arrest in October 2024, the Court granted him bail, subject to several conditions.
Case Title: Rahul Rai v. State of Kerala
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