Are Magic Mushrooms Legal in Utah? Psilocybin Laws (2026)

Magic mushrooms are not legal in Utah: psilocybin and psilocyn are Schedule I controlled substances under Utah Code 58-37-108, and knowingly possessing or using them is a class A misdemeanor for a first or second conviction under Utah Code 76-18-207, with felony penalties for repeat possession, distribution and production. Two narrow state programs exist, a 2024 law letting qualifying health care systems run supervised psilocybin or MDMA treatment programs and a 2026 veterans clinical study, but neither legalizes possession for the public. For other states, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah state law on psilocybin: the Schedule I listing and the federal-approval rule (Utah Code 58-37-107, 58-37-108), the chapter definitions of production and manufacture (58-37-101), the drug-offense sections (76-18-203, 76-18-204, 76-18-207 to 76-18-210), the sentencing sections (76-3-203, 76-3-203.11, 76-3-204, 76-3-301), the behavioral-health treatment law (58-37-309), the veterans clinical study (26B-7-126), the research license rule (58-37-105), the local-ordinance limit (58-37-103) and Utah's impaired-driving statutes, with one paragraph on federal law. It does not cover the continuing-criminal-enterprise section (76-18-211), employer or school policies, tribal or federal land, military rules or other states' laws.

Are magic mushrooms legal in Utah?

No. Utah's Schedule I lists psilocybin and psilocyn among the hallucinogenic substances. The entry in Utah Code 58-37-108(2)(a)(iii) covers:

"any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation"

Psilocybin and psilocyn are items (Y) and (Z) of that list. The schedule names the compounds, not mushrooms or spores, but a mushroom containing any quantity of psilocybin or psilocyn is "material ... that contains" them. The schedule does not mention spores, and this page does not address how Utah law treats them.

Utah reorganized its drug laws in 2026. The schedules, formerly Utah Code 58-37-4, are now 58-37-108, and the drug offenses now sit in Title 76, Chapter 18, so older sources cite section numbers that no longer exist.

What is the penalty for possessing psilocybin in Utah?

Under Utah Code 76-18-207(2), a person commits unlawfully possessing or using a controlled substance if the person "knowingly and intentionally possesses or uses a controlled substance or a controlled substance analog," unless it was obtained "(a) under a valid prescription or order; (b) directly from a practitioner while acting in the course of the practitioner's professional practice; or (c) as otherwise authorized by this part or Title 58, Chapter 37, Controlled Substances."

For a Schedule I substance such as psilocybin, subsection (3) sets two levels:

• Class A misdemeanor where "the current violation is the actor's first or second conviction under this section or does not qualify as a third degree felony."
• Third degree felony where "the actor's current violation results in the actor receiving at least a third conviction under this section and each of the actor's previous convictions were based on a violation committed within seven years before the date of the violation upon which the current conviction is based."

Prior distribution convictions. Under 76-18-207(4)(a), if the actor "has previously been convicted of a violation of Section 76-18-208, 76-18-209, 76-18-210, or 76-18-211, the court shall sentence the actor to a penalty that is one degree higher than the applicable penalty provided in Subsection (3)." Subsection (5) adds that any increase "may not result in any greater penalty than a second degree felony."

Jails and correctional facilities. Under 76-18-207(4)(b), possession inside the grounds of a correctional facility, public jail or other place of confinement is sentenced one degree higher, and for a Schedule I substance such as psilocybin the court must add a one-year term to run consecutively; the subsection (5) cap still applies.

The possession, distribution, intent and production sections (76-18-207 to 76-18-210) set no weight-based tiers for psilocybin. The class turns on the schedule, the offense and prior convictions.

Selling, distributing and growing psilocybin

Three sections cover conduct beyond personal possession, and each makes the offense "a second degree felony if the controlled substance or counterfeit substance is: (A) a substance or a counterfeit of a substance classified in Schedule I or II, not including marijuana":

• Production or manufacture (76-18-208). Under 76-18-208(3)(b), "a second or subsequent conviction under ... Subsection (3)(a)(i) is a first degree felony." Subsection (4) adds a further sentencing rule for certain repeat offenders that this page does not summarize.
• Distribution, including agreeing or offering to distribute (76-18-209); a second or subsequent conviction is a first degree felony (76-18-209(3)(b)).
• Possession with intent to distribute (76-18-210); a second or subsequent conviction is a first degree felony (76-18-210(3)(b)).

Weapons. Under 76-18-209(4) and 76-18-210(4), if the trier of fact finds beyond a reasonable doubt that, during a felony distribution or possession-with-intent offense, the actor used or had a firearm readily accessible for immediate use, or used a dangerous weapon in a threatening manner, the court must impose an indeterminate prison term unless it details its reasons on the record, finds the actor does not pose a significant safety risk to the public, and orders supervised probation.

Growing. Utah's controlled-substance chapter defines the terms these offenses use. Utah Code 58-37-101 provides that "'Production' means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance," and that "'Manufacture' means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis." Under those definitions, growing mushrooms that contain psilocybin can be charged as production, a second degree felony under 76-18-208.

School zones and minors. Utah Code 76-18-204 raises the penalty for production, distribution, possession with intent and a continuing criminal enterprise when the trier of fact finds the act was committed in places the statute lists, including "in a public or private elementary or secondary school or on the grounds of a public or private elementary or secondary school during the hours of 6 a.m. through 10 p.m.," "within an area that is within 100 feet of" a listed structure, facility or grounds, or "in the presence of a person younger than 18 years old, regardless of where the act occurs." A person convicted of the enhancement "is guilty of one degree more than the maximum penalty prescribed for the offense described in Subsection (2)(b)," meaning the listed offense. Where the result is a first degree felony that would have been a first degree felony anyway, the court "shall sentence an actor ... for a term of imprisonment of not less than five years." This enhancement applies to those trafficking-type offenses, not to simple possession under 76-18-207.

Psilocybin penalty ranges in Utah

The prison ranges come from Utah Code 76-3-203, which provides terms "unless the statute provides otherwise": for a first degree felony "not less than five years and which may be for life," for a second degree felony "not less than one year nor more than 15 years," and for a third degree felony "a term not to exceed five years." Utah Code 76-3-204 caps a class A misdemeanor at 364 days, and 76-3-301 sets maximum fines of "$10,000 for a felony conviction of the first degree or second degree," "$5,000 for a felony conviction of the third degree" and "$2,500 for a class A misdemeanor conviction."

Overdose reporting defense

Utah gives an affirmative defense to the possession or use offense in 76-18-207(10). It applies if the actor or a bystander "reasonably believes that the actor or another individual is experiencing an overdose event," and "reports, or assists an individual who reports, in good faith, the overdose event to a medical provider, an emergency medical service provider ..., a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the actor is the subject of a report made under this section," provides in the report "a functional description of the actual location of the overdose event," remains at the location of the person experiencing the overdose until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where that person is located until a responding law enforcement officer arrives, cooperates with the responders, including by providing information about the person and the substances involved, and "is alleged to have committed the offense in the same course of events from which the reported overdose arose." "Good faith" does not include seeking medical assistance during the execution of a search warrant, an arrest warrant or another lawful search (76-18-207(1)(a)(ii)). The covered circumstances include "the possession or use of a scheduled or listed controlled substance other than marijuana," which on its face includes psilocybin. Because the defense reaches an actor who "is the subject of a report," it can cover the person who overdosed as well as the person who called. It is a defense raised in a prosecution, and it applies to the possession or use offense in 76-18-207(2). For other drug offenses, including distribution, the same conduct is a mitigating factor at sentencing rather than a defense (Utah Code 76-3-203.11).

Utah's psilocybin and MDMA treatment law (58-37-309)

In 2024 the Legislature passed S.B. 266, "Medical Amendments" (chief sponsor Kirk A. Cullimore, House sponsor James A. Dunnigan). The official bill page records "Became Law w/o Governor Signature" on March 21, 2024, and the enrolled bill states, "This bill takes effect on May 1, 2024." It enacted what is now Utah Code 58-37-309, "Drugs for behavioral health treatment."

The section is a framework for health care systems, not a public access program:

• The drug. "'Drug' means any form of psilocybin or methylenedioxymethamphetamine that is in federal Food and Drug Administration Phase 3 testing for an investigational drug described in 21 C.F.R. Part 312."
• Who may run a program. A "healthcare system" is "(i) a privately-owned, non-profit, vertically-integrated healthcare system that operates at least 15 licensed hospitals in the state; (ii) a health care system closely affiliated with an institution of higher education listed in Section 53H-1-102; or (iii) a health care system closely affiliated with a private postsecondary educational institution as defined in Section 53H-1-101." The 2024 text had the first two categories; the current text adds the third. Such a system "may develop a behavioral health treatment program that includes a treatment based on a drug that the healthcare system determines is supported by a broad collection of scientific and medical research."
• Supervision and age. The system must ensure the drug "is used by a patient only under the direct supervision and control of the healthcare system and the healthcare system's health care providers who are licensed under this title," and "may not provide treatments that are authorized exclusively under this section to an individual who is not at least 18 years old."
• Report. A system that creates a program had to give a written report to the Health and Human Services Interim Committee "Before July 1, 2026." The code does not list which health systems, if any, have created a program.
• Protection. "An individual or entity that complies with this section when using, distributing, possessing, administering, or supervising the use of, a drug is not guilty of a violation of this title."
• Sunset. Utah Code 63I-1-258 provides: "Section 58-37-309, Drugs for behavioral health treatment, is repealed July 1, 2027."

What it does not change. The section protects only conduct that complies with it, inside a qualifying health care system's program. It does not change the Schedule I listing or the penalties for anyone else. One drafting point is worth knowing: 58-37-309(5) protects against "a violation of this title" (Title 58), while the possession and distribution offenses now sit in Title 76, Chapter 18. The possession section separately excepts a substance obtained "as otherwise authorized by this part or Title 58, Chapter 37," and the production, distribution and intent sections apply "except as authorized by" Title 76, Chapter 18 or Title 58, Chapter 37 (76-18-208(2) to 76-18-210(2)). The code does not say expressly how these provisions fit together after the 2026 reorganization, and this page does not resolve it.

Veterans clinical study (26B-7-126)

A 2026 law, Utah Code 26B-7-126 (Laws 2026, chapter 196, effective May 6, 2026), provides that "within appropriations from the Legislature for this purpose and any gifts, grants, or donations," the Huntsman Mental Health Institute "shall conduct a clinical study to research the safety and feasibility of psychedelic-assisted therapy for the treatment of treatment-resistant PTSD in eligible veterans." The investigational drugs named include MDMA, 5-methoxy-N,N-dimethyltryptamine and psilocybin.

The start date depends on money. The Institute "shall begin the clinical study no later than January 1, 2027, if the total amount of legislative appropriations and gifts, grants, or donations ... reaches an amount that is equal to or exceeds an amount the Huntsman Mental Health Institute determines is sufficient to begin the clinical study." Before starting, it must ensure the study runs "under an FDA investigational new drug application," maintain "a United States Drug Enforcement Agency Schedule I research registration and any required state controlled substance registration," and obtain Institutional Review Board approval. The section is scheduled for repeal on July 1, 2032 under Utah Code 63I-1-226. It is a research study, not a treatment program, and it does not change the law for anyone outside it.

Research with Schedule I substances

Utah's Division of Professional Licensing licenses controlled-substance research. Utah Code 58-37-105 provides that "A practitioner registered under federal law to conduct research in Schedule I substances may conduct research in Schedule I substances within this state upon providing the division with evidence of federal registration." The licenses "do not entitle a licensee to manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon controlled substances in Schedule I other than those specified in the license."

FDA approval and federal rescheduling

Utah has two provisions that tie its schedules to federal action. Utah Code 58-37-107(2) provides: "All substances listed in the federal Controlled Substances Act, Title II, P.L. 91-513, are controlled." And under 58-37-108(3) (enacted by S.B. 83 in 2026), a "pharmaceutical composition" is "a drug that has United States Food and Drug Administration approval under 21 U.S.C. Sec. 355 following clinical trials," and:

"If the federal government schedules a pharmaceutical composition of a Schedule I controlled substance or a pharmaceutical composition of any form of a Schedule I controlled substance in a schedule that is not Schedule I, that pharmaceutical composition is deemed scheduled under this section in the same schedule that the pharmaceutical composition is scheduled under 21 U.S.C. Sec. 812 and 21 C.F.R. Part 1308."

So if an FDA-approved psilocybin drug were placed by the federal government in a schedule other than Schedule I, that approved drug would be deemed scheduled the same way in Utah. The rule applies only to the approved pharmaceutical composition; psilocybin and psilocyn themselves stay in Utah's Schedule I.

Local ordinances and religious use

Utah Code 58-37-103 provides: "A legislative body of a political subdivision may not enact an ordinance that is less restrictive than any provision of: (1) this chapter; or (2) Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances." A Utah city or county therefore may not adopt an ordinance that is less restrictive than the state drug laws, and state law applies throughout Utah.

The drug-offense part has a religious-use protection for peyote. Utah Code 76-18-203(2)(a) bars civil or criminal liability "on any Indian who uses, possesses, or transports peyote for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion." The section does not mention psilocybin.

Recent changes and history

Federal psilocybin law

Federal law lists psilocybin and psilocyn in Schedule I (21 CFR 1308.11(d)(29)-(30), as of October 6, 2026), reaching any material or preparation containing them, and state programs do not change the federal listing. Simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), with up to one year and a minimum $1,000 fine for a first offense. Executive Order 14401 (April 18, 2026) directs federal agencies to review rescheduling of Schedule I products that complete Phase 3 and to set up a Right to Try pathway, but it does not reschedule psilocybin and creates no enforceable right (91 FR 21709). Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Utah has two impaired-driving rules that reach psilocybin. Utah Code 41-6a-502(1)(b) makes it driving under the influence to operate or be in actual physical control of a vehicle while "under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle," a class B misdemeanor with higher classes in some cases. Separately, Utah Code 41-6a-517(2)(a) provides that, "in cases not amounting to a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person's body," also a class B misdemeanor, subject to affirmative defenses such as a substance "prescribed by a practitioner for use by the accused." See our guide to Utah DUI laws.

A psilocybin conviction creates a criminal record; for how Utah handles clearing records, see Utah expungement laws.

Related

• Psilocybin mushroom laws by state
• Utah DUI laws
• Utah expungement laws
• Utah kratom laws
• Colorado psilocybin mushroom laws
• Nevada psilocybin mushroom laws

This article provides general legal information about Utah state law as of October 11, 2026. It is not legal advice. Utah's psilocybin treatment law is scheduled for repeal on July 1, 2027, and the Legislature can change these rules in any session. For advice about a specific situation, contact a lawyer licensed in Utah.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Utah?

No. Psilocybin and psilocyn are Schedule I controlled substances under Utah Code 58-37-108, and knowing possession is a class A misdemeanor for a first or second conviction under 76-18-207. The narrow health-system program in 58-37-309 does not legalize possession for the public.

What is the penalty for possessing psilocybin in Utah?

A class A misdemeanor for a first or second conviction (up to 364 days and a fine of up to $2,500), and a third degree felony (up to five years and a fine of up to $5,000) at a third conviction where each earlier violation was within seven years (Utah Code 76-18-207, 76-3-203, 76-3-204, 76-3-301).

Is selling psilocybin a felony in Utah?

Yes. Distribution, agreeing or offering to distribute, and possession with intent to distribute a Schedule I substance are second degree felonies, punishable by 1 to 15 years and a fine of up to $10,000 (Utah Code 76-18-209, 76-18-210, 76-3-203, 76-3-301). A second or subsequent conviction is a first degree felony (5 years to life).

Is growing magic mushrooms illegal in Utah?

Utah Code 58-37-101 defines production as 'the manufacture, planting, cultivation, growing, or harvesting of a controlled substance', and unauthorized production of a Schedule I substance is a second degree felony under 76-18-208.

Are psilocybin mushroom spores legal in Utah?

Utah's schedules name the compounds psilocybin and psilocyn, not mushrooms or spores. This page does not address how Utah law treats spores, so do not read the schedule's silence as permission.

Does Utah have legal psilocybin therapy?

Not for the general public. Utah Code 58-37-309 lets qualifying health care systems run supervised treatment programs using psilocybin or MDMA in FDA Phase 3 testing, only for patients 18 and older, and the section is repealed July 1, 2027.

Can a Utah city decriminalize psilocybin?

Utah Code 58-37-103 bars a city or county from enacting an ordinance less restrictive than the state controlled-substance chapter or the drug-offense part of the criminal code, so state penalties apply throughout Utah.

Can you get a DUI on psilocybin in Utah?

Yes. Utah Code 41-6a-502 covers driving under the influence of any drug to a degree that makes a person incapable of safely operating a vehicle, and 41-6a-517 separately bars driving with any measurable controlled substance or metabolite in the body.