The Criminal Defense Law Center of
West Michigan
If you have been caught with psilocybin mushrooms in West Michigan, you are likely hearing two very different stories. Local activists talk about decriminalization, while the police and prosecutors talk about prison time. In 2026, navigating this gray area requires a premier West Michigan defense attorney who understands the technical nuances of both local resolutions and state statutes.
You must hire the best West Michigan attorney around Shawn Haff right away to ensure that a “low priority” arrest doesn’t turn into a high-stakes felony conviction.
In 2021, the Grand Rapids City Commission voted to support the decriminalization of entheogenic plants and fungi. This led many to believe that “magic mushrooms” are now legal in the city. This is a dangerous misconception.
The city’s resolution simply directs local law enforcement to treat the investigation and arrest of individuals for the personal use of mushrooms as a low priority. It does not—and cannot—legalize the substance.
Under the Michigan Public Health Code, psilocybin and psilocyn remain Schedule 1 substances. If a Kent County Sheriff’s deputy or a Michigan State Trooper pulls you over on I-131 or 28th Street, they are not bound by the City of Grand Rapids’ “low priority” resolution.
Possession (MCL 333.7403(2)(c)): Possessing mushrooms is a misdemeanor punishable by up to 1 year in jail and a $2,000 fine.
Manufacture/Delivery (MCL 333.7401): If you are caught growing mushrooms or possess scales and baggies, the charge jumps to a 7-year felony.
Many people in Grand Rapids mistakenly believe that psilocybin is “legal” due to local deprioritization efforts, but the reality is that you can still be arrested and prosecuted under state statute MCL 333.7403. Because a conviction—even for a misdemeanor—triggers an automatic six-month driver’s license suspension and a permanent criminal record, you cannot afford to rely on local political resolutions for your defense. You must hire the best West Michigan attorney around Shawn Haff right away. Our firm moves with a professional sense of urgency to challenge illegal searches and explore “7411” deferrals that keep your record clean. We are the premier defense powerhouse in West Michigan, and we know how to bridge the gap between local policy and state law to protect your freedom.
We don’t just ask for leniency; we attack the prosecution’s evidence using the latest 2026 forensic and constitutional standards.
In Michigan, mushroom spores do not contain psilocybin and are technically legal to possess for microscopy or study. If you were arrested for possessing spores or “mycelium” that had not yet fruited into mushrooms containing the controlled chemical, we move for an immediate dismissal based on the absence of a controlled substance.
Many mushroom arrests in West Michigan happen during “wellness checks” or minor traffic stops. We meticulously review the body-cam and dash-cam footage to ask:
Did the officer have probable cause to search your bag or vehicle?
Was the “smell” of mushrooms used as a pretext for a search? (Mushrooms do not have the same distinct, detectable odor as marijuana).
If your 4th Amendment rights were violated, we file a Motion to Suppress to ensure the evidence never makes it to court.
To be convicted of possession, the prosecutor must prove you knew the substance was a controlled hallucinogen. If you purchased a “proprietary blend” of functional or medicinal mushrooms (like Lion’s Mane or Reishi) that was unknowingly tainted with psilocybin, we build a defense based on a lack of criminal intent.
A drug conviction in 2026—even a misdemeanor—triggers an automatic 6-month driver’s license suspension. It can also disqualify you from federal student loans and professional licensing.
Shawn Haff specializes in MCL 333.7411, a “one-time” legal shield for first-time drug offenders. Under this statute, you can complete a term of probation and have the entire case dismissed and sealed from your public record. We move with professional urgency to secure this status before the case proceeds to a formal conviction.
Our firm doesn’t just handle drug cases; we provide an elite, sophisticated defense for all West Michigan residents. If your arrest involved other allegations, we are prepared to fight:
DUI and Drunk Driving: Protecting your CDL and driving privileges.
Domestic Violence: Aggressive defense for sensitive household allegations.
Retail Fraud and Shoplifting: Keeping theft crimes off your permanent record.
Criminal Sexual Conduct: Defending against the most serious felony accusations in the state.
They are “deprioritized,” not legal. You can still be arrested and prosecuted under state law, especially if the arrest happens outside of city limits or involves a non-city officer.
Yes. If the prosecution alleges you intended to share or sell the mushrooms, you face a 7-year felony for Delivery/Manufacture.
Under MCL 333.7404, use is a 6-month misdemeanor. However, most police officers will charge “possession” (1 year) if the mushrooms are found in your pocket or vehicle.
Mushrooms, hallucinogenic mushrooms that is, LSD, Peyote and other hallucinogenic drugs are considered Schedule I substances in Michigan. This means that these drugs have an extremely high potential for addiction and abuse. It also means that these drugs serve no legitimate medical purpose. If you get caught in possession of Mushrooms, you will most certainly be facing serious criminal charges.
Hallucinogenic mushrooms impact the human brain. It causes hallucinations. it impacts and alters a person’s sense of reality. A person who is under the influence of Mushrooms will see and hear things that are not real. The effects of this high can be dangerous. These effects include sleeplessness, nausea, an increased heart rate and blood pressure, shallow breathing, loss of muscular coordination and profuse sweating.
Because mushrooms are Schedule I drugs via the Michigan Penal Code 333.7403, the penalties for mushroom possession, sale, delivery and distribution are harsh.
Individuals convicted for possession of mushrooms, 25 to 50 grams, will face penalties of up to four years in prison. If you possess more than 1,000 grams of mushrooms, you could be facing more life in prison.
When the mushrooms are found in your pants pocket or in your purse or in your car, it could potentially be difficult to prove to a jury or judge that you were not in possession. However, even if you were searched by law enforcement and found to be in possession of mushrooms, you have possible defenses that need to be closely examined. It still may be possible that your constitutional rights were violated by an illegal search and seizure. If this can be proven in court, a motion to suppress evidence can be filed with a local West Michigan court.
Possession charges are based upon the view by local West Michigan law enforcement officials and local prosecutors that an individual involved was in actual: