Drug Crimes: Psilocybin Mushroom Possession
Drug Crimes: Psilocybin Mushroom Possession
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 Possession
Utah Code §58-37-8(2)(b)(ii) and §58-37-4(2)(a)(iii)(Y)
Degree
3rd degree felony.
Elements
A defendant commits a 3rd degree felony possession of psilocybin mushrooms when they knowingly and intentionally possess or use a psychedelic mushroom analog or psychedelic mushroom, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the person's professional practice.
Fine
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), 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
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Firearms
A defendant convicted of a 3rd degree felony psilocybin mushroom possession 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 3rd degree felony psilocybin possession 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 possession of psilocybin mushrooms.
(Utah Code Ann. §53-3-220(c))
Seizure, Forfeiture, Property Rights
Possession 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 Possession. If you have any questions, please feel free to call our office at (801) 505-1586.
