SANTA FE (AP) - The state Court of Appeals says growing hallucinogenic mushrooms is not banned under New Mexico’s law against manufacturing an illegal drug.
The appellate judges overturned the felony drug trafficking conviction of an Alamogordo man for growing psilocybin mushrooms in his home.
Under state law, drug trafficking includes the manufacturing of illegal drugs.
But the court says growing mushrooms was not covered by the drug trafficking law’s definition of “manufacture.”
The hallucinogenic substance in the mushrooms, psilocybin, is an illegal controlled substance under state and federal law.