A North Carolina State student faces criminal charges after he was arrested for possession of psilocybin mushrooms, a substance that is considered a felony based on North Carolina law. The charge is also a Schedule I offense according to the school drug policy. Schedule I offenses carry a suspension of enrollment for a period of at least one semester (or its equivalent) as punishment.

Few details were released about the arrest, but the drugs were found in a dish at the student's home. The first thing to consider about this arrest is the manner in which the police recovered drugs from the student's home. We are all protected by the U.S. Constitution from an unreasonable search and seizure. Should this have been the circumstance at the student's home, the criminal charges against him could be dismissed.

The captain of the North Carolina State campus police discussed the arrest, outlining how punishment is determined when criminal charges, may they be misdemeanors or felonies, are made. "If it's a misdemeanor, we can either give a citation, a student conduct referral, make an arrest, or do a combination of those. For a felony, we have the same options, only we can no longer issue citations," he said.

"First we look at what schedule in the NC Controlled Substance Act the drug falls under. Schedule I is the highest bracket, where things like hallucinogenic mushrooms fall under," he said. The captain continued, saying that they "see how much of the substance there is and also how it is packaged" to ultimately determine punishment.

Source: The Technician, "University student arrested for drug possession," Jessie Halpern, Jan. 8, 2012