Utah’s Psychedelic Laws in 2023: What’s New & What Hasn’t Changed?

Utah’s task force might seem a bit redundant since we already know what can help depression *cough* shrooms *cough*; but hey, we’ll pat them on the back for making the effort 👏

By Tripsitter Legal Team Last Updated: December 08, 2023
Last Updated: December 08, 2023

Utah’s laws are particularly tough on psychedelic drugs. 

Possessing LSD, MDMA, or magic mushrooms can lead to up to 10 years in prison or $5000 in fines. Ketamine, however, carries lesser penalties as it is legal for medical use.

This article will explain to you the most important laws regarding psychedelic drugs. In addition, we will discuss the benefits of shrooms and where to find spores.

Psychedelic mushrooms are illegal in Utah. 

Unfortunately, the state classifies psilocybin as Schedule I in Utah Code Ann. § 58-37-4. This includes substances that are dangerous and have no medical potential.

Today, research has proven the medicinal benefits of shrooms. Several experts recommend the reclassification of psilocybin. Because of this, the governor signed HB 167 in March 2022, creating the Mental Illness Psychotherapy Drug Task Force. This group will study and recommend drugs that can help with mental illness. Though it’s far from decriminalizing or, better yet, legalizing psychedelics, it’s a step in the right direction, and could mean bigger changes aren’t too far off.

Until then, possessing mushrooms in Utah can cost you up to 10 years in prison or $5000. Utah Code Ann. § 58-37-8 details these penalties and their aggravating factors.

Magic mushroom spores are legal, but only if you don’t grow them. Once they start producing psilocybin, they instantly become unlawful, and the penalties are the same as if they were mushrooms.

Map of Magic Mushroom Laws In the USA

Do Magic Mushrooms Grow Wild in Utah?

Yes, magic mushrooms grow throughout the forested regions of Utah. You’re not going to find any mushrooms in the desert, but they’re abundant around the Dixie, Fishlake, Uinta, and Ashley national forests. 

The most common magic mushroom species you’ll find in Utah include:

What Are the Medicinal Uses of Shrooms?

Research stemming back to the early 60s supports the idea that magic mushrooms (and other psychedelics) are a major asset for supporting mental health conditions of all kinds. 

So far, more than a dozen clinical trials have explored the use of magic mushrooms for treating post-traumatic stress disorder (PTSD), major depression, addiction, substance abuse disorders, existential anxiety, and much more. 

There’s also been evidence to suggest magic mushrooms could offer treatment for cluster headaches, improve our capacity to solve difficult problems, and may even make us more creative

Thanks to all these developments, along with the impressive safety profile of psychoactive mushrooms, regulators in Europe and North America have begun a push toward legalization. 

In addition, some US states, such as Oregon, have already decriminalized psychedelic drugs for recreational use, and several companies are working towards approval for integrating psilocybin into conventional psychotherapy.

LSD (lysergic acid diethylamide) is illegal in Utah. Like magic mushrooms, acid classifies as Schedule I. If they catch you with LSD, you can receive a sentence of up to 10 years and a $5000 fine.

LSD analogs, such as 1P-LSD, PRO-LAD, ETH-LAD, AL-LAD, ALD-52, and LSZ, are not strictly prohibited. 

However, Utah State Code (Title 58) states that laboratories can only sell these derivatives for research purposes. It’s also likely these substances are illegal from a federal level due to the Federal Analogue Act

MDMA is illegal throughout Utah. Possessing ecstasy carries the same penalties as LSD and mushrooms, ten years in prison, and $5000 in fines. You can look up the sentences in Utah Code Ann. § 58-37-8.

Like magic mushrooms, some countries have started to move towards legalization, given its medicinal potential. However, we don’t see recreational molly being legal anytime soon.

Related: What is Psychedelic-Assisted Psychotherapy?

Ketamine is also illegal in Utah.

However, the penalties for possessing it are less harsh, as it is a Schedule III substance. These drugs are those that do have recognized medical use.

If you are found with ketamine and are not authorized to carry it, the penalty will be up to $1000 or one year in jail.

Some natural substances with psychoactive effects aren’t regulated in Utah. This could be because they’re less known or because there’s a lack of evidence these substances are addictive, dangerous, or problematic in other ways.

Psychoactive substances that are legal in Utah: 

Cannabis is also legal in the state of Utah, but only for medicinal use. In order to get access to marijuana, you’ll need to be diagnosed with one of the approved medical conditions and have a recommendation form filled out by your doctor. 

THC analogs, including delta 8 THC and delta 10 THC, were recently banned in Utah and can no longer be bought regardless of medical status. 

What’s the Difference Between Legalization & Decriminalization?

There are some crucial differences between decriminalization and the legalization of a substance. Here, we’ll describe both so you can stay on top of things.

The legalization of a drug entails the revokement of the penalties related to it. In addition, its sale to the public for recreational or medicinal use is allowed and regulated. Legalizing a drug enables the products to be purer and practically nullifies drug trafficking.

Decriminalization only eliminates or significantly reduces penalties without legalizing their sale. While it is an intermediate step, this helps to free the courts from small cases and to be able to provide support for addicts.

Key Takeaways: What’s the Future of Psychedelics in Utah?

Utah’s laws are notorious for being tough on drugs. The penalties for possessing these substances are years in prison and thousands of dollars. Although some states have already decriminalized drugs, Utah does not appear to have any upcoming plans, though its new task force might change that.

The United States, in general, is moving towards the legalization of psychedelics. However, the delta 8 and 10 ban after the Farm Bill demonstrates Utah’s rigidity on this issue. 

The greatest hope is that federal laws on psychedelics change and Utah follows that trend.