Problems of Qualification of Trafficking in Plants and Plant Parts Containing Psychoactive Substances and Mushrooms Containing Psilocybin and (or) Psilocin

Mushrooms containing psilocybin and psilocin are not plants, yet Russian law lists them as plants containing psychoactive substances, creating a legal gap. Analysis of court rulings and scientific research shows insufficient attention to online sales of narcotic plants and mushrooms. The authors propose amending several articles of the Russian Criminal Code and Administrative Offenses Code to add 'mushrooms containing psilocybin and (or) psilocin' after mentions of plant parts, and to criminalize acquisition via the Internet or electronic networks, aiming to suppress illegal trafficking.

Study at a glance

Abstract

Purpose: research of such items of illicit drug trafficking as plants and plant parts containing psychoactive substances. Methodology: study and analysis of judicial practice of higher courts and scientific research of natural science specialists; formal legal and technical legal methods. Conclusions: there is a lack of due attention to the problem of selling narcotic plants and their parts, as well as narcotic mushrooms using information and telecommunication networks (including the Internet); the question is raised about the selection of mushrooms containing psilocybin and (or) psilocin from the List of plants containing psychoactive substances, since mushrooms are not plants. Scientific and practical significance: the authors propose the dispositions of art. 228, part 1 art. 228.1, art. 229.1 and art. 231 of the Criminal Code of the Russian Federation, as well as the dispositions of the relevant articles of the Code of Administrative Offenses of the Russian Federation, after the words ‘...or their parts containing narcotic drugs or psychotropic substances’, add the words ‘mushrooms containing psilocybin and (or) psilocin’. Also part 2 of art. 228 of the Criminal Code of the Russian Federation should be supplemented with the words: ‘Acquisition of items specified in Part 1 of this article using the media or electronic or information and telecommunication networks (including the Internet)’, which in general will make it possible to suppress their illegal trafficking.