A judge in Ontario has issued a 60-day conditional sentence order, to be followed by a year of probation and 100 hours of community service, to an employee arrested during a raid of an illegal psilocybin store.
Although the employee had only worked at the store on Queen St West in Toronto for two weekends before his arrest, the judge argued that he found it difficult to believe the employee’s claims that he was unaware the business was not legal.
The Crown had sought a six-month conditional sentence as a form of deterrence against others considering working at such an illegal store, while the man’s own lawyer called for a conditional discharge since he was only a minimum wage employee.
The Crown attorney argued that while the effects of psilocybin continue to be studied, she rejected the suggestion that the state of these types of businesses is comparable to the “legally ambiguous character” of cannabis dispensaries before the legalization of cannabis.
In his ruling, posted on July 23, Justice Brock Jones noted that the case law surrounding such “magic mushroom dispensaries” is still developing, emphasizing that anyone “employed at, managing, or owning such a business is engaged in criminal activity.”
Had the defendant, Fabricio Osores, worked in the store for a longer period of time, the judge said he would have likely agreed with the Crown’s recommendation for a six-month conditional sentence or potentially even a jail sentence. The mushroom store, Shroomyz, was a “blatantly illegal drug trafficking operation masquerading as a legitimate business,” said the judge.
The Shroomyz location at 488 Queen Street West in Toronto, where Osores worked, was raided on November 12, 2022, following a two-week investigation by Toronto Police Services (TPS). Police arrested Osores and another man and seized a large quantity of psilocybin products, such as gummies, oil, tea, dried mushrooms, and more than 1,500 pills, as well as more than $17,000 in cash.
Osores was 20 years old at the time of the offences and had no prior criminal record. His lawyer argued that Osores was unaware the business was illegal and was concerned that charges would impact his ability to visit the US in the future.
Although past court cases involving arrests connected to illegal mushroom stores that the judge referenced were more lenient, he argued that the illegal store’s “open and notorious features” were “extraordinarily aggravating,” saying there was a need to create a ruling that encourages general deterrence to such activities and behaviours.
“Advocates for change to our drug laws can pursue lawful means to achieve their goals,” writes Justice Jones in his decision. “They cannot decide to disregard a statute they disagree with. That is outright contempt for the rule of law.”
“Furthermore, if these stores continue to proliferate, and the prevalence of this criminal activity grows in the community, the more courts should emphasize deterrence and denunciation in their sentencing decisions,” he added.
Shroomy’z website currently lists two locations, both in Toronto, and offers sales online across Canada. Despite the raid in late 2022, a September 2023 Google Maps street view shows the store with a sign that says “open”.
Featured image via Google Maps
