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Drug Crimes: Mushroom Distribution


Drug Crimes: Psilocybin Distribution

Psilocybin Mushroom Distribution - Drug Crimes - Attorneys

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, with Use of a Firearm in a Restricted Area)

Utah Code §58-37-8(1)(b)(i), §58-37-8(4), §58-37-8(1)(c) and §58-37-4(2)(a)(iii)(Y)

Degree

1st degree felony.

Elements

A defendant commits a 1st degree felony distribution of psilocybin mushrooms with a firearm, in a restricted area, when they knowingly and intentionally distributes a controlled a controlled or counterfeit substance, or agrees, consents, offers, or arranges to distribute a controlled substance, in a restricted area. And, defendant has been previously convicted of distribution of a controlled substance. And, defendant used, carried, or possessed on his person or in his immediate possession during the commission or in the furtherance of the offense a firearm.

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. And, a term of imprisonment of 1 year to run consecutively and not concurrently; and the court may additionally sentence the defendant to an indeterminate term not to exceed 5 years to run consecutively and not concurrently.
(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.