“Mushrooms or magic mushrooms are not narcotic substances and cannot be treated as psychotropic substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act,” ruled the Kerala High Court recently.

The court was dealing with the case of one Rahul Rai, who was arrested for possessing charas, ganja, and magic mushrooms when it addressed the legal status of magic mushrooms or Psilocybin, particularly in relation to their classification under the NDPS Act.

Rahul Rai was arrested by the Mananthavady excise officials in October 2024. The authorities seized 226 grams of psilocybin-containing magic mushrooms, along with 50 grams of magic mushroom capsules, during the arrest.

Justice PV Kunhikrishnan, who presided over the case, argued that mushrooms, including magic mushrooms, cannot be considered narcotics or psychotropic substances. He emphasised that mushrooms are a natural fungus and not a “mixture,” and therefore, they fall outside the purview of the NDPS Act.