The Kerala High Court ruled that magic mushrooms do not fall under the classification of narcotic or psychotropic substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This ruling emerged during the bail hearing of Rahul Rai, a Bengaluru resident who was arrested on October 4, 2024, for possessing 226 grams of psilocybin-containing magic mushrooms, alongside 6.59 grams of charas and 13.2 grams of ganja.
Justice P.V. Kunhikrishnan, who presided over the case, referred to previous judgments from the Karnataka and Madras High Courts, affirming that both mushrooms and magic mushrooms are not classified as narcotic substances under the NDPS Act. The judge also highlighted that these mushrooms are not considered mixtures, and as such, they do not meet the legal thresholds for small or commercial quantities of drugs as outlined by the Act.
The court’s decision has sparked discussions on the need for clear legal definitions regarding substances under the NDPS Act. While magic mushrooms are not currently labeled as narcotics under the law, their regulation and possession remain governed by state-specific laws and legal interpretations, reflecting an evolving approach to such substances.
