Written question asked by Lord Beaumont of Whitley (Other (affiliation)), in the House of Lords. It was answered by Baroness Scotland of Asthal (Labour) on Friday, 3 March 2006.

Fungi

Question: Whether as a result of recent changes to the Misuse of Drugs Act 1971 (a) landowners may be unwittingly committing an offence if they have fungi growing on their land which contains psilocin; (b) students of fungi may also be committing an offence if they collect such fungi; or (c) they expect landowners to eradicate such fungi to the detriment of biodiversity and scientists to cease such studies.

Answer: The Misuse of Drugs (Amendment) (No. 2) Regulations 2005 provide exceptions from the offence of possession of psilocybe fungi. The regulations make clear under what circumstances it is not unlawful to possess magic mushrooms. The regulations also enable my right honourable friend, the Home Secretary, to issue a licence in respect of the production, supply, offer to supply or possession of psilocybe fungi for research purposes rather than for general use. A person does not commit an offence of possession of psilocybe fungi if the mushrooms are growing uncultivated on their land. A person does not commit an offence of possession if they pick psilocybe fungi for disposal (that is, for destruction or delivery to a person who can lawfully take custody of them) as soon is reasonably practicable and holds them in accordance with that purpose. The Royal Botanic Garden, Kew, for example, is licensed to lawfully take custody of psilocybe fungi for botanical and research purposes. There is no obligation on landowners to remove psilocybe fungi which are growing uncultivated on their land.

Secondary information