Magic mushroom raid by police not needed, shop lawyer says

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This article was published 20/05/2023 (1203 days ago), so information in it may no longer be current.

The owners of a business purporting to be the the first magic mushroom dispensary in Manitoba will issue a statement next week, addressing the Winnipeg Police Service raid on their Osborne Village storefront.

“We’re going to reconnect on Tuesday and have a discussion about what they want to do, and will do,” said Jamie Kagan, the attorney representing the business owners who have not been publicly identified.

Kagan declined to comment further, except to say the response from police was surprising, considering the business was not trying to hide its operations.

“They didn’t need to raid the business… If they had phoned us, we would’ve (let them in),” he said.

Officers executed a search warrant on the storefront in the 100 block of Osborne Street Friday night, arresting two people and seizing undisclosed materials.

Speaking by phone Saturday, Cst. Jason Michalyshen clarified a man and woman were arrested, and were facing charges related to possession of illegal drugs for the purpose of trafficking.

Neither suspect has been formally charged, he said.

Psilocybin and psilocin are the active chemical compounds in magic mushrooms. Both are hallucinogens and restricted under the Controlled Drugs and Substances Act.

Businesses selling magic mushrooms have popped up in several other Canadian cities. Kagan compared them to cannabis retailers which operated in a so-called grey-market shortly before the drug was legalized nationally.

Similar illegal dispensaries operating elsewhere in Canada have not been met with such a heavy-handed response from police, Kagan said.

Hundreds of people were able to purchase products from the Osborne storefront before it was shut down, police said.

Staff at nearby businesses said there were people lined-up down the block the day before the raid.

The Osborne Village business community is among those which suffered during the COVID-19 pandemic. This month, the local business improvement zone introduced a plan to revitalize the area, which is home to around 150 businesses.

“It’s not surprising that Magic Mush decided to pilot their business in Osborne Village. Osborne Village has long been a small business incubator, especially when it comes to exploring new concepts,” BIZ director Lindsay Somers said in a statement to the Free Press.

“We remain committed to supporting the growth and success of our local economy through the incubation of new businesses, while adhering to the relevant regulations and guidelines.”

Police said the sale of illegal substances is tantamount to drug trafficking, regardless of whether it happens behind the counter of a storefront.

“We will get into more details next week,” Michalyshen said.

tyler.searle@freepress.mb.ca