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Drug Crimes: Psilocybin Mushroom Possession


Drug Crimes: Psilocybin Mushroom Possession (in a Restricted Area)

Psilocybin Mushroom Possession - 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 Possession (in a Restricted Area)

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

Degree

2nd degree felony.

Elements

A defendant commits a 2nd degree felony possession of psychedelic mushrooms in a restricted area, when they knowingly and intentionally possess or use a psychedelic mushroom analog or psychedelic mushroom, and defendant is found in a restricted area, 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

2nd 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

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

Firearms

A defendant convicted of a 2nd 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 2nd 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.