Eamon Gilmore (Dún Laoghaire, Labour)
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Question 268: To ask the Tánaiste and Minister for Health and Children the consideration she has given to banning the sale of magic mushrooms; and if she will make a statement on the matter. [40248/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The question of whether possession and sale of magic mushrooms in their raw state is an offence under the Misuse of Drugs Acts is being considered in the context of a case before the DPP.

It is clearly an offence to possess or sell products or preparations containing the psychoactive drug present in magic mushrooms: the only question is whether this definition covers raw mushrooms. In the UK, it became apparent that raw mushrooms were not covered and this resulted in a change in their legislation earlier this year.

Following consideration of the issue in the Department, secondary legislation is being prepared which will remove any doubt that magic mushrooms in their raw state are controlled drugs under the Misuse of Drugs Act, and that the possession or sale of magic mushrooms is a criminal offence.