Illinois Court Rules Mushrooms are ‘Containers’ for Psilocybin

In People v. Dunlap, the Illinois Appellate Court ruled that living mushrooms can be considered containers for psilocybin, in contrast to Florida v. Fiske. The court also pointed out the distinction that Florida v Fiske involved wild mushrooms while in this case, the defendant was growing the mushrooms. They added, “An individual who cultivates or otherwise possessed Psilocybe mushrooms without knowing them to contain psilocyn [sic] would not be prosecuted successfully.”