Emily Johnson
Magic mushrooms, or psilocybin mushrooms, are illegal in most countries. In the United States, federal law classifies psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow. However, some states like Colorado and Oregon have legalized certain uses, and a few cities have deprioritized arrests for personal possession. Internationally, the United Nations Convention on Psychotropic Substances lists psilocybin as a Schedule I drug, but the mushrooms themselves are not specifically included due to pressure from Mexico. While the possession and use of psilocybin are prohibited under almost all circumstances, a growing number of jurisdictions are reducing penalties or legalizing its use for medicinal or therapeutic purposes.
| Characteristics | Values |
|---|---|
| Legal status | Illegal in most countries, including the US, UK, Canada, Germany, Australia, and Japan |
| International classification | Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances |
| State-level legality in the US | Varies by state; legal for certain uses in Oregon and Colorado |
| Enforcement priority | In some cities, such as Oakland and Washington, DC, enforcement of psychedelics' illegality is a low priority for law enforcement |
| Penalties | Vary by jurisdiction; in some US states, simple possession is a misdemeanor with penalties of up to 364 days in jail, while possession of larger amounts can result in felony charges |
| Cultivation | Considered drug manufacture in most jurisdictions and often severely penalized; however, some countries and New Mexico in the US have ruled that growing psilocybin mushrooms does not qualify as manufacturing a controlled substance |
| Spores | Legal to sell and possess in some jurisdictions, including the US state of New Mexico, as they do not contain psilocybin or psilocin |
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What You'll Learn
Magic mushrooms are illegal in most US states
Magic mushrooms, or psilocybin mushrooms, are illegal in most US states. Psilocybin is a Schedule I drug under the federal Controlled Substance Act, making it illegal to possess, sell, or grow in most states. While the spores of psilocybin mushrooms do not contain the drugs and are legal to possess in many areas, the mushrooms themselves are considered illegal.
The legal status of magic mushrooms varies worldwide, and there has been ambiguity about their legal status in many national, state, and provincial drug laws. In the US, psilocybin was first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, which regulated the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs."
While magic mushrooms are illegal under federal law and most state laws, a few states and cities have enacted more lenient policies. For example, Oregon has licensed "psilocybin service centers," where people 21 and older can consume magic mushrooms in a supervised setting. Colorado has also legalized certain uses, and some cities, like Oakland and Washington, DC, have made investigations and arrests for possession and use of entheogenic plants among the lowest priorities for law enforcement.
Despite these changes, magic mushrooms remain illegal under federal law, and possession and cultivation can result in significant legal penalties. As a result, there is an active underground economy involved in the sale of spores and cultivation materials, supported by an internet-based social network.
While the legal status of magic mushrooms is evolving, with a growing number of states imposing reduced penalties, they remain illegal in most US states as of January 2025.
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They are classified as Schedule I drugs
Psychedelic mushrooms, often referred to as "magic mushrooms," are illegal in most countries, including the United States. The possession, use, and distribution of these mushrooms are prohibited by law, and they are classified as a Schedule I drug under the Controlled Substances Act. Schedule I drugs are defined as substances that have a high potential for abuse and no currently accepted medical use in treatment in the United States. This classification places psychedelic mushrooms in the same category as other illicit drugs such as heroin, LSD, and ecstasy.
The active compound in magic mushrooms is psilocybin, a naturally occurring psychedelic substance. Psilocybin has a profound effect on the brain, altering perception, mood, and thought processes. While some users seek out these mushrooms for their mind-altering effects, they can also cause adverse reactions, including anxiety, paranoia, and hallucinations. In rare cases, magic mushroom use has been associated with psychotic episodes and severe mental health issues.
The classification of magic mushrooms as a Schedule I drug means that they are considered to have no medical value and a high potential for abuse. This categorization was made despite a growing body of research suggesting that psilocybin, when used in a controlled therapeutic setting, may have potential benefits for treating mental health disorders such as depression, anxiety, and addiction. Several studies have indicated that psilocybin-assisted therapy can lead to significant and lasting improvements in mental health symptoms.
Despite these potential therapeutic benefits, the legal status of magic mushrooms remains unchanged. This classification as a Schedule I drug creates significant regulatory and logistical challenges for researchers seeking to study the potential medicinal uses of psilocybin. It also contributes to the stigma surrounding psychedelic substances, making it more difficult for individuals who could benefit from these treatments to access them in a safe and legal manner.
The illegal status of magic mushrooms also has implications for law enforcement and the criminal justice system. Possession of these mushrooms can result in arrest and prosecution, with penalties varying depending on the amount possessed and local laws. While enforcement priorities may differ across jurisdictions, the illegal status of magic mushrooms means that users and distributors face legal risks, and resources are allocated to policing and prosecuting these offenses.
It is important to recognize that the legal status of magic mushrooms is subject to change and varies internationally. Some countries have begun to reevaluate the classification of psychedelic substances, recognizing their potential therapeutic benefits. In certain jurisdictions, there are ongoing efforts to decriminalize or create legal frameworks that permit the use of psilocybin-assisted therapy under specific conditions. These developments highlight a growing recognition of the potential benefits of controlled psychedelic use and a shift away from solely focusing on the potential harms.
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Some cities have deprioritized arrests for possession
While magic mushrooms are illegal to possess, sell, or grow in most countries and US states, some cities have deprioritized arrests for possession. This means that local law enforcement in these cities will make investigations and arrests for possession of entheogenic plants, including psilocybin mushrooms, a low priority. However, it's important to note that these policies are not laws, and county, state, and federal officials are not bound by them.
The legal status of psilocybin mushrooms varies worldwide, and there has been ambiguity and selective enforcement in some places. Psilocybin and psilocin, the active ingredients in magic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are considered to have a high potential for abuse and no recognized medical uses. However, magic mushrooms have had numerous medicinal and religious uses in various cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
In the United States, psilocybin and psilocin are regulated by the Psychotropic Substances Act, and simple possession is a misdemeanor, punishable by up to a year in prison and a minimum $1,000 fine. However, some US states, like California, Oregon, and Washington, have imposed reduced penalties for simple possession, making it a misdemeanor with penalties of 180 to 364 days of possible jail time.
As of January 2025, Colorado is the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults 21 and older, although the state is still developing a regulatory system to allow consumer access. Oregon has licensed "psilocybin service centers," where individuals 21 and older can consume magic mushrooms in a supervised setting. Additionally, Oakland and Washington, DC, have made the enforcement of psychedelics' illegality the lowest priority for law enforcement.
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They are legal for medicinal use in some places
Magic mushrooms, or psilocybin mushrooms, remain illegal to consume, possess, grow, or sell under federal and most state laws. Psilocybin is a Schedule I drug under the federal Controlled Substance Act, which defines Schedule I drugs as highly addictive substances with no accepted medical uses. However, magic mushrooms have had numerous medicinal and religious uses in various cultures throughout history, and they exhibit a significantly lower potential for abuse than other Schedule I drugs.
As a result of the growing body of research highlighting the therapeutic and medicinal potential of psychedelics, legal and political support for their legalization has increased. This has led to a shift in the legal landscape concerning magic mushrooms in some places. For example, in the United States, Oregon has legalized magic mushrooms for mental health treatment and licensed "psilocybin service centers" where individuals aged 21 and older can consume magic mushrooms in a supervised setting. Similarly, Colorado has decriminalized psilocybin mushrooms and legalized the personal use and private cultivation of small amounts for adults 21 and older. Additionally, a few cities have enacted resolutions that make investigations and arrests for possession and use of entheogenic plants, including psilocybin mushrooms, a low priority for law enforcement, although these resolutions do not change the legality of magic mushrooms.
Outside of the United States, the Canadian province of Alberta has also taken steps towards legalization by regulating and allowing the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. In Australia, psilocybin has been approved for use in prescription medications for the treatment of PTSD and treatment-resistant depression. These developments reflect a growing recognition of the potential therapeutic benefits of magic mushrooms and a shift in policy approaches to their regulation.
While the legalization of magic mushrooms for medicinal purposes represents a significant shift in drug policy, it is important to note that their use is typically restricted to supervised therapeutic settings. The legalization does not imply that magic mushrooms are available for recreational use, and their possession, sale, and consumption remain illegal in most jurisdictions outside of authorized contexts.
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The legality is complicated by the fact spores are legal in some areas
The legality of magic mushrooms is complex and varies across different jurisdictions. While the active ingredients in magic mushrooms, psilocybin and psilocin, are classified as Schedule I drugs with a high potential for abuse and no recognised medical uses, the mushrooms themselves are not specifically included in the United Nations Convention on Psychotropic Substances. This has created ambiguity in the legal status of magic mushrooms, with some jurisdictions classifying them as illegal and others legalising or decriminalising their use.
Adding to the complexity, the spores of psilocybin mushrooms are legal to possess in many areas because they do not contain psilocybin or psilocin. However, a few jurisdictions, such as Germany and some US states, have specifically criminalised the possession of these spores. This discrepancy has led to an underground economy for the sale of spores and cultivation materials, highlighting the challenges in regulating substances that can have both therapeutic and recreational uses.
In the United States, the federal government classifies psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow under federal law. However, some US states, such as Colorado and Oregon, have legalised certain uses of magic mushrooms, allowing adults to possess and cultivate small amounts for personal use. These state-level reforms challenge the federal classification of psilocybin and reflect a growing recognition of the therapeutic potential of psychedelics.
Similarly, in Canada, magic mushrooms are controlled under the Controlled Drugs and Substances Act (CDSA), and activities related to them are generally illegal unless authorised for specific purposes. However, in 2022, the province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy, reflecting a shift in legal frameworks as scientific research on the therapeutic benefits of psychedelics advances.
The legality of magic mushrooms is further complicated by the varying approaches to enforcement. While some jurisdictions strictly enforce laws prohibiting psilocybin, others, like Oakland and Washington, DC, have made the enforcement of psychedelics' illegality a low priority for law enforcement, reflecting a more lenient approach to possession and personal use. These complexities underscore the dynamic nature of drug policy and the ongoing debates surrounding the legal status of substances like magic mushrooms.
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Frequently asked questions
Magic mushrooms are illegal to possess, sell, or grow under federal law and most state laws in the US. However, some cities have made investigations and arrests for possession a low priority for law enforcement, and states like Colorado and Oregon have legalized certain uses.
In Canada, magic mushrooms are controlled under the Controlled Drugs and Substances Act (CDSA). Activities with magic mushrooms, such as sale, possession, and production, are illegal unless authorized by Health Canada.
Magic mushrooms are banned in the UK under the Misuse of Drugs Act 1971.
Australia controls magic mushrooms under its Poisons Standard. While the possession and use of psilocybin are prohibited under almost all circumstances, Australia approved psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression in February 2023.
