Psilocybin law in Utah
Medical or authorised prescribing Checked 26 October 2026
Psilocybin is illegal in Utah for general use: it is a Schedule I controlled substance under Utah Code 58-37-108, but a 2024 law lets qualifying healthcare systems run supervised behavioral health treatment programs using psilocybin.
A doctor or psychiatrist may give or prescribe psilocybin to patients under a medical programme or a case-by-case authorisation. It is not open to retreats or adult use. A summary of published sources, not legal advice.
Source status: Medical programme enacted. Psilocybin remains a Schedule I drug under US federal law.
Scheduling
Psilocybin and psilocyn are listed in Schedule I of the Utah Controlled Substances Act, Utah Code 58-37-108(2)(a)(iii)(Y) and (Z) (formerly 58-37-4, renumbered effective 6 May 2026). [Utah Code 58-37-108, Schedules of controlled substances (effective 5/6/2026), Utah State Legislature, 2026-05-06, read 26 October 2026] [Utah Code 58-37-4 (effective 5/7/2025, renumbered 5/6/2026), Utah State Legislature, 2025-05-07, read 26 October 2026]
What the law says
- Under Utah Code 58-37-309, a qualifying healthcare system may develop a behavioral health treatment program using a form of psilocybin or MDMA that is in FDA Phase 3 testing, if the system determines the treatment is supported by a broad collection of scientific and medical research. [Utah Code 58-37-309, Drugs for behavioral health treatment (effective 5/6/2026), Utah State Legislature, 2026-05-06, read 26 October 2026]
- Qualifying healthcare systems are a privately owned, non-profit, vertically integrated system operating at least 15 licensed hospitals in Utah, or a system closely affiliated with a Utah institution of higher education or a private postsecondary institution. [Utah Code 58-37-309, Drugs for behavioral health treatment (effective 5/6/2026), Utah State Legislature, 2026-05-06, read 26 October 2026]
- Treatment must be under the direct supervision and control of the healthcare system and its licensed providers, and is limited to patients aged 18 or older. [Utah Code 58-37-309, Drugs for behavioral health treatment (effective 5/6/2026), Utah State Legislature, 2026-05-06, read 26 October 2026]
- Participating healthcare systems had to report to the Health and Human Services Interim Committee before 1 July 2026 on drugs used, patient outcomes and side effects. The section is marked as affected by repeal provision 63I-1-258 on 1 July 2027. [Utah Code 58-37-309, Drugs for behavioral health treatment (effective 5/6/2026), Utah State Legislature, 2026-05-06, read 26 October 2026]
- The program was created by S.B. 266 (2024), which became law without the Governor's signature on 21 March 2024. [S.B. 266 Medical Amendments, 2024 General Session, Utah State Legislature, 2024-03-21, read 26 October 2026]
- H.B. 167 (2022) created the Mental Illness Psychotherapy Drug Task Force to study and make recommendations on drugs that may assist in treating mental illness; the bill set the task force to be repealed on 31 December 2023. [H.B. 167 enrolled text, Utah State Legislature, 2022, read 26 October 2026] [H.B. 167 Mental Illness Psychotherapy Drug Task Force, 2022 General Session, Utah State Legislature, 2022-03-22, read 26 October 2026]
Penalties
- Possessing or using a Schedule I substance is a class A misdemeanor on a first or second conviction (Utah Code 76-18-207(3)(c)), punishable by up to 364 days in jail (76-3-204) and a fine of up to $2,500 (76-3-301). A third conviction within seven years can be a third-degree felony (76-18-207(3)(b)). [Utah Code 76-18-207, Unlawfully possessing or using a controlled substance (effective 5/6/2026), Utah State Legislature, 2026-05-06, read 26 October 2026] [Utah Code 76-3-204, Misdemeanor conviction, term of imprisonment, Utah State Legislature, read 26 October 2026] [Utah Code 76-3-301, Fines, Utah State Legislature, read 26 October 2026]
Bills
S.B. 248 2025 General Session
Controlled Substances Amendments
Would have amended the psilocybin and MDMA treatment provisions, provided for automatic rescheduling of a certain type of psilocybin if rescheduled federally, and extended a repeal date.
Status: Enacting clause struck and filed in the Senate (died), 7 March 2025
H.B. 301 2026 General Session
Drug Recodification
Technical reorganization of Utah drug law that renumbered the schedules (now 58-37-108) and the behavioral health treatment program (now 58-37-309) and moved drug offenses to Title 76, Chapter 18.
Status: Signed by the Governor 24 March 2026, 24 March 2026
Dated changes
- 7 March 2025: Would have amended the psilocybin and MDMA treatment provisions, provided for automatic rescheduling of a certain type of psilocybin if rescheduled federally, and extended a repeal date. Status: Enacting clause struck and filed in the Senate (died). Source
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