Legal status of psychedelics in the US: How does Utah compare?

Written by: ERIN WEIST

Where does Utah stand on the scale of legalizing psychedelic substances? Right now it comes down fairly hard on drug issues, including psychedelics. Although substances like psilocybin and MDMA are being extensively researched and validated as treatment for things like depression and PTSD, they are still considered Schedule 1 substances in Utah with harsh penalties of fines and jail time attached.

While MDMA is currently undergoing FDA approval on a national level, psilocybin is slowly advancing as a therapeutic treatment on a statewide level. In 2022 the Utah legislature approved a Mental Illness Psychotherapy Drug Task Force to study and make recommendations regarding management of psychedelic medicine. In 2023 a law was proposed that would make psilocybin legal for therapeutic use but was defeated. Organizations around the state, like Utah Mushroom Therapy and Utah Patients Coalition, continue to lobby, research, and educate on these principles, in the hopes of improving quality of life for those suffering with mental health issues.

So how does Utah compare to the rest of the country?

Utah joined every other state in the union in legalizing ketamine for medical use. A simple Google search will produce a plethora of options for Utah citizens.

There are 3 areas in the US where DMT/Ayahuasca has been partially decriminalized (Michigan, Washington DC, & California), 2 states where it has been fully decriminalized (Oregon & Colorado) and 1 state where it has been authorized for therapeutic use (Colorado.) It is still illegal in Utah to use DMT/Ayahuasca although it joins every other state in the nation for potentially being allowed under religious exemptions.

Regarding psilocybin use there are 5 areas where it has been partially decriminalized (meaning it is legal in select municipalities), one state where it has been authorized for medical use (Oregon), and 1 state where it has been decriminalized (Colorado.) The vast majority of states in the US still consider psilocybin an illegal substance, but surprisingly Utah is one of a handful with either active legislation pending or where medical research approval is pending. There is also a movement to include psilocybin use under the Religious Freedom Restoration Act, which would not make magic mushrooms legal for religious use but would allow for a “legally defensible” position. Time will tell if this movement leads to greater access to these potentially life-changing substances.

Sources:

https://tripsitter.com/legal/usa/utah/

https://www.verywellmind.com/where-are-psychedelics-legal-for-therapeutic-use-6827701

https://www.vice.com/en/article/akexaa/magic-mushroom-mormon-church-utah

https://entheonation.com/blog/entheogenic-churches-legality-risks-responsibility/

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