A "microbiologist" who grew magic mushrooms in a tent in his house for “therapeutic use” and some to sell to “friends” has been spared prison.
Jake Kaine, 36, of Canal Reach, Windmill Hill, Runcorn, was arrested on July 14 last year after police visited his home and discovered the illegal hallucinogenic fungi in a variety of containers and mushroom residue in a growing tent. Officers from Cheshire Constabulary had initially attended after they received a report from a man at the property who “thought he had been poisoned”.
Jayne Morris, prosecuting at Chester Crown Court on Tuesday, said Kaine greeted officers upon their arrival at the house and told them he had addiction issues with alcohol and drugs. Kaine also told them he thought he was “struggling with the side effects of magic mushrooms”.
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Another person in the lounge appeared "clearly under the influence of drugs or alcohol".
Asked if there were any other drugs in the property he replied “just the mushrooms we’ve taken tonight”, but he then passed the officer a jar containing mushrooms from the kitchen, where a further bag of mushrooms was discovered.
After being told a search would take place, Kaine admitted there were more magic mushrooms in the kitchen where scales were also found, and he said he was growing some more of the psychedelic fungi in another room.
Kaine said the scales were so he "could measure the quantities safely".
An officer found 120 diazepam tablets in his bedroom worth between £120 and £240 and which Kaine said he had acquired “illegally”.
Upon entering the spare room, a constable spotted a “large tent erected to grow magic mushrooms” containing old mushroom residue on a lower shelf.
Ms Morris said: “Various jars, tubs and bags of magic mushrooms were seized together with test tubes containing mushrooms.
“Drug paraphernalia, fertiliser, scales, nutrient agar, mushroom seeds, a recipe book for mushrooms and three mobile telephones were seized.”
A total mass of 291.33 grams of magic mushrooms were seized, estimated to have a street value of between £1,500 and £5,820 and stored in a variety of plastic containers, bags, glass jars and test tubes.
One of the phones showed two “evidential screenshots” featuring a hand holding a mushroom in one image and the other of an envelope with an address reported to contain mushrooms Kaine said he supplied.
In police interview, Kaine said he was trying to self-medicate with the mushrooms.
Ms Morris said: “The defendant stated he is a scientist and has a degree in microbiology.
“He wanted to try taking magic mushrooms to help with his mental health, so he researched how to grow them and bought the ingredients online and in shops.
“He had been growing them for about two months.He wasn’t going to sell them but sold a handful to a friend for £10.”
Kaine admitted selling a second amount for £100.
He later pleaded guilty to producing a Class A drug - namely the magic mushroom compound psilocin, supplying a Class A drug magic mushrooms, possession with intent to supply Class A magic mushrooms, and simple possession of a Class C drug diazepam.
He had one previous conviction for driving with excess alcohol from 2019.
David Rose, defending, said Kaine had pleaded guilty early on and and he disputed whether there was “significant financial gain” to be made by Kaine or any “significant role” - referring to the £10 and £100 amounts, adding the other mushrooms could have a long storage life for Kaine’s personal use with some limited sale to friends.
Mr Rose said Kaine displayed “naivety” with his basis of plea referring to him “labouring under the misapprehension this was a Class C drug”.
The defence barrister argued Recorder McDonald could suspend any prison sentence of two years.
He said: “There’s a possibility this could be a suspended prison sentence. That’s what I ask you to consider. He’s got a lot to lose.
“He now fully understands the gravity of what he’s done and the pre-sentence report makes it clear he’s taken lots of actions to move on with his life and see the error of his ways and improve himself, and there are a number of character references.”
Recorder McDonald sentenced Kaine to two years in prison, suspended for two years, with 300 hours of unpaid work, and a statutory surcharge to pay.
He said the probation service regarded Kaine as a “low risk of causing serious harm” with a “realistic prospect of rehabilitation” and someone who was employed as a support worker.
The judge added that Kaine had “frankly admitted” to the use of mushrooms when police arrived at his home, and he accepted Mr Rose’s arguments seeking to categorise the offences as “lesser role”.
During his sentencing remarks he said: “All of these character references speak highly of you and speak highly of your character.
“It’s apparent you’ve had difficulties with alcohol and mental health issues in the past but in both the pre-sentence report and references it’s apparent you are taking steps to deal with these difficulties with some degree of success.
“There’s been no further involvement with the police since the circumstances of these offences almost 18 months ago.”
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