Former Dispensary Operator Fined $10,000 in Canadian Psilocybin Trafficking Case

Samer Akila, the former operator of the “Fun Guyz” storefront in London, Ontario, was ordered to pay a $10,000 fine following a conviction for possessing psilocybin for the purpose of trafficking. The sentencing decision was handed down remotely by Justice George Orsini, concluding a legal battle that involved constitutional arguments regarding the controlled substance.

According to court reports, the charges stemmed from a June 2023 raid by the London Police Service on the Richmond Street establishment. Akila had previously mounted a constitutional challenge against the charges, arguing that federal laws prohibiting psilocybin—commonly referred to as magic mushrooms—violated the Charter right to freedom of thought. This argument was rejected by the courts earlier this year, leading to the guilty verdict.

During the sentencing hearing, the federal Crown argued for a $20,000 fine, emphasizing the nature of the trafficking offense. The defense counsel had requested a significantly lower penalty of $1,000. In his decision, Justice Orsini imposed the $10,000 fine, stating, "His personal view on the benefits of psilocybin do not make the offence any less serious." Akila, who currently resides in Egypt, attended the proceedings via Zoom.

Judicial Precedent

This ruling reinforces the judiciary’s strict adherence to current controlled substance schedules in Canada, despite increasing civil disobedience involving psychedelic dispensaries. By rejecting the "freedom of thought" defense and imposing a substantial fine, the court has established that ideological motivations regarding the medicinal or recreational benefits of psilocybin do not mitigate criminal liability under existing statutes. It is important to note that while a conviction was secured in this instance, the judicial process ensures that all defendants are presumed innocent until proven guilty in a court of law.