Drug Crimes: Mushroom Distribution
Drug Crimes: Psilocybin Distribution
Psilocybin Mushrooms:
Psilocybin mushrooms are fungi that contain psychoactive indole alkaloids. There are multiple colloquial terms for psilocybin
mushrooms, the most common being shrooms and magic mushrooms. Psilocybin mushrooms have likely been used since prehistoric
times and may have been depicted in rock art. Many native peoples have used these mushrooms in religious rites. In modern
Western society they are used recreationally for their psychedelic effects.
Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances.
Schedule I drugs are deemed to have a high potential for abuse and are not recognized for medical use.
Psilocybin Mushroom Distribution
Second Offense (or Higher, in the Presence of a Juvenile)
Utah Code §58-37-8(1)(b)(i), §58-37-8(4)(a)(x) and §58-37-4(2)(a)(iii)(Y)
Degree
1st degree felony.
Elements
A defendant commits a 1st degree felony distribution of
psilocybin mushrooms
in the presence of a person younger than 18 years of age1
when they knowingly and intentionally distributes a controlled a controlled or counterfeit
substance, or agrees, consents, offers, or arranges to distribute a controlled substance.
And, defendant has been previously convicted of distribution of a controlled substance.
And, defendant is found to have been in the presence of a person younger than 18 years
of age.
1Utah Code Ann. §58-37-8(4)(a)(x)
Fine
1st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
Restitution
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
Imprisonment
1st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))
Firearms
A defendant convicted of a 1st degree felony psilocybin mushroom distribution may not posses, use or have
control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)
DNA Specimen Analysis
A defendant convicted of a 1st degree felony psilocybin mushroom distribution must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
Driver License
Utah's Driver License Division will immediately suspend for 6 months the license of a person upon
receiving a record of a conviction for distribution of psilocybin mushrooms.
(Utah Code Ann. §53-3-220(c))
Seizure, Forfeiture, Property Rights
Distribution of psilocybin mushrooms subjects the defendant seizure and forfeiture in accordance with the
procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that
defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)
Other Criminal Charges
Learn more about crimes related to Psilocybin Mushroom Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.
