Are Psilocybin Mushrooms Illegal in Arizona?
Psilocybin mushrooms – sometimes called “magic mushrooms” – are still against the law in Arizona. The main ingredient, psilocybin, is labeled a Schedule I drug. That means the state and federal government consider it a controlled substance with no accepted medical use and a high chance for abuse.
If you have them, use them, try to sell them, grow them, or even just give them away, you’re breaking the law in Arizona and could become a defendant in a criminal case. This is true even if it’s in a small amount for personal use.
Charges You Could Face
Police and prosecutors can bring charges under several criminal statutes depending on what you’re accused of doing.
Possession or Use – Class 4 Felony
If you’re caught possessing psilocybin mushrooms or using them, you could be charged with a class 4 felony. This applies to anyone who grows them at home for themselves or shares with friends without money changing hands.
The punishment can be up to 3.75 years in prison if it is a first offense. Alternatively, you could receive 4 years of probation.
Sale or Administering to Someone Else – Class 2 Felony
Possessing psilocybin with the intent to sell it, transporting it for someone else, or giving it to another person can be charged as selling or administering to another person. This is usually a class 2 felony and can lead to longer prison sentences.
No matter what the situation is, if you’re facing charges related to mushrooms, you need to take it seriously. Arizona still considers this substance a “dangerous drug,” and the penalties can be steep.
Collateral Consequences of Felony Drug Conviction
A felony drug conviction doesn’t just end with your day in court. Even after fines or jail are behind you, the charges can follow you around in different ways. Below are some of the potential collateral consequences you’ll face:
- Impact on your driver’s license: In some situations, a felony drug conviction can put your driver’s license at risk. You may face a suspension, especially if your case is related to driving under the influence.
- Barriers to jobs, housing, and licenses: Employers do background checks, and they may decide not to hire someone with a felony record. Landlords are also likely to deny applications because of prior convictions, especially something as serious as a felony. Some people may lose or have difficulty renewing professional licenses in fields like nursing or teaching because of this record.
- Threats to immigration status: For non-citizens, any felony drug conviction is serious. Drug charges often lead to deportation or stop someone from becoming a citizen. This can upend your entire life and separate you from friends, family, and the life you’ve built in the United States.
These collateral consequences can affect nearly every part of your life—long after the legal process is over. A felony drug conviction doesn’t just carry criminal penalties; it can impact your ability to work, live, and stay in the country.
Understanding what’s at stake is critical to protecting your future.
Possible Defenses to Psilocybin Charges
Facing charges for possession or sale of psilocybin is a serious situation. The law is strict, but there are ways you can defend yourself. Common legal defenses include:
- Illegal search or seizure: Evidence found without a warrant or legal cause may be inadmissible.
- Lack of knowledge or control: You must have knowingly possessed or controlled the substance.
- Faulty lab results: Mistakes in testing or handling can cast doubt on whether the substance was psilocybin.
- Entrapment: If law enforcement pressured or tricked you into committing a crime you wouldn’t have otherwise committed, this could be a valid defense.
- Medical or religious use: While not always accepted, some defendants argue that psilocybin was used for protected spiritual or therapeutic purposes.
- Insufficient evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If they can’t, the case may not hold up in court.
A strong defense strategy tailored to the facts of your case can protect your rights and potentially change the outcome.
A Criminal Defense Attorney Can Help
Psilocybin charges in Arizona are serious and carry lasting consequences. Even a small amount can lead to felony penalties that affect your freedom, career, and future opportunities. However, a conviction is not automatic.
With the help of an experienced criminal defense attorney, you can challenge the evidence, protect your rights, and pursue the best possible outcome for your case. If you’ve been accused of possessing or selling psilocybin mushrooms, don’t wait—get legal help immediately to safeguard your future.
To learn more, call Katsarelis Law Criminal Defense Attorneys at 520) 510-0439 today for a consultation.
Visit Our Criminal Defense Law Office in Tucson, AZ
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
