Psilocybin Mushroom Possession Penalties in Phoenix

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Last Updated on: 5th October 2023, 07:53 am

Psilocybin Mushroom Possession Penalties in Phoenix

Psilocybin mushrooms, also known as “magic mushrooms”, are illegal to possess in Arizona. But that might change soon. There’s a new bill in the legislature that could legalize them for research trials. It’s an interesting time for mushroom laws in our state.

In this article, we’ll look at the current laws, possible changes, defenses, and penalties for psilocybin possession. We’ll also discuss what it all means for people in Phoenix. Let’s get started!

Current Laws in Arizona

Under Arizona law, psilocybin is classified as a dangerous drug. The criminal code specifically lists psilocybin and psilocin as dangerous substances, right alongside meth, cocaine, and other hardcore drugs. So even tiny amounts can lead to criminal charges.

There’s no distinction made between synthetic psilocybin and natural psilocybin from mushrooms. So even mushrooms with naturally occurring psilocybin are completely illegal here. Crazy right?

The penalties get pretty harsh too. Even simple possession is a felony. Possession for sale or transportation for sale is a class 2 felony. That can mean 3.5 to 7 years in prison.

It’s nuts, but that’s currently the law. Magic mushrooms are totally banned in Arizona at the moment.

Possible Changes Coming

Now here’s an interesting twist. There’s a new bill called HB2453 working its way through the state legislature. If passed, it would legalize psilocybin mushrooms for research trials.

The bill would allow doctors at medical centers to administer psilocybin mushrooms to patients in FDA-approved clinical trials. Patients wouldn’t get in trouble for participating either.

Researchers think whole mushrooms might give better results than synthetic psilocybin. These new trials could be a game changer for mental health treatment in Arizona.

The bill already passed the House. It still needs to get through the Senate and be signed by the governor. But there’s a chance shrooms could be legal for research later this year. That’s pretty huge news!

Defenses for Psilocybin Charges

If you get charged with possession before the law changes, don’t panic. There are defenses that could help your case. A skilled lawyer may be able to get the charges reduced or dismissed.

For example, if the shrooms were found during an illegal search, that evidence could get thrown out. Or if you had no knowledge the mushrooms were illegal, you might avoid intent charges.

There are also procedural defenses. Like if you were charged outside the statute of limitations or your Miranda rights were violated. A lawyer can advise you on the best defense for your specific situation.

Penalties for Possession in Phoenix

If convicted of psilocybin possession, here are the potential penalties you could face in Phoenix:

• Simple Possession – Class 4 felony. Minimum of 1 year in prison.
• Possession for Sale – Class 2 felony. Presumptive 3.5 years in prison.
• Transportation for Sale – Class 2 felony. Presumptive 3.5 years in prison.
• Probation – Up to 5 years probation possible.
• Fines – Up to $150,000 in fines.

These are just the state penalties. Federal charges could lead to even more prison time and bigger fines.

What This Means for Phoenix

So what does all this mean for people in Phoenix? A few key takeaways:

• Possessing any amount of psilocybin mushrooms is currently a felony.
• Penalties are stiff even for small personal use amounts.
• But research legalization could happen later this year.
• There are defenses that could help fight the charges.
• Talk to a lawyer immediately if you get arrested.

The mushroom laws are in flux right now in Arizona. Hopefully the research bill passes and we can start healing people with these medicines. But in the meantime, be very careful not to get busted with shrooms. And call a lawyer right away if you do.

At our firm, we believe psilocybin could help many people struggling with mental health issues. We hope Arizona will move towards decriminalization. But for now, stay safe out there folks.

References

• Arizona Revised Statutes – Title 13 – Section 13-3401
• Arizona House Bill 2453
• Psychedelic Drug Crimes | Phoenix, Arizona Criminal Defense Lawyer
• The Penalties for Possession of Psilocybin in Arizona
• Are Psilocybin Mushrooms Illegal in Arizona
• Dangerous Drug Possession Arizona
• Drug Possession Laws in Arizona
• Possession Of Dangerous Drugs