Emily Johnson
The legality of mushroom gummies depends on the type of mushroom used and the jurisdiction in which they are sold or consumed. In the United States, for example, psilocybin is a Schedule I substance under the Controlled Substances Act, making its possession, sale, and distribution illegal at the federal level. However, some states and cities have decriminalized or legalized psilocybin for therapeutic or recreational purposes, creating varying legal statuses across the country. On the other hand, mushrooms like Amanita muscaria and functional mushrooms like lion's mane and reishi are generally legal, but even these can fall into a legal grey area due to unclear regulations and potential inclusion of undisclosed and illegal substances.
| Characteristics | Values |
|---|---|
| Legal Status | The legal status of mushroom gummies varies depending on the jurisdiction and the specific ingredients they contain. In general, gummies with psilocybin, the psychoactive compound found in "magic mushrooms," are federally illegal in the US but decriminalized or legalized in certain states and cities. |
| Legal Grey Area | Amanita muscaria-containing gummies fall into a legal and regulatory grey area. While Amanita muscaria is not a scheduled substance and is legal to possess in most US states, the laws do not clearly address commercial production and distribution. |
| Undisclosed Ingredients | Some mushroom gummies have been found to contain undisclosed and potentially dangerous or illegal ingredients, including psilocybin, psilocin (Schedule I drugs), kratom, and prescription medications. |
| Health Risks | The presence of undisclosed substances in mushroom gummies poses a potential risk to public health. Several cases have been reported where individuals required hospital evaluation after ingesting mushroom gummies containing unlabeled substances. |
| Regulatory Challenges | The regulatory requirements for mushroom edibles are unclear, as the FDA has not specified whether they should be regulated as dietary supplements, foods, or drugs. This lack of clear regulation creates a free-for-market for manufacturers. |
| Marketing Strategies | Brands use indirect messaging, emphasizing wellness and natural living, to market mushroom gummies, especially on platforms that ban the promotion of illegal substances. Influencers and community marketing also play a significant role in building awareness. |
| Underground Marketplace | The underground marketplace for mushroom gummies is gradually legitimizing itself through decriminalization and growing consumer demand for alternative therapies. |
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What You'll Learn
Legality of mushroom gummies in the US
The legality of mushroom gummies in the US is complex and depends on the type of mushroom used and the state in which they are consumed or sold.
At the federal level, psilocybin is illegal. Psilocybin is a naturally occurring psychedelic compound found in magic mushrooms, known for its hallucinogenic effects. It is classified as a Schedule I substance under the Controlled Substances Act, making its possession, sale, and distribution highly illegal. However, some states and cities have taken steps to decriminalize or legalize psilocybin for therapeutic or recreational purposes, creating a varied legal landscape across the country.
For example, Oregon was the first state to legalize the controlled therapeutic use of psilocybin in 2020. This allows licensed professionals to administer psilocybin in supervised settings for mental health treatments. Colorado followed suit in 2022 by passing a proposition that decriminalized psilocybin and other plant-based psychedelics for personal use.
On the other hand, Amanita muscaria, another type of mushroom with psychoactive components, is not a scheduled substance and is legal for consumers to possess in most states except Louisiana. However, the regulatory requirements for mushroom edibles containing Amanita muscaria are less clear, and these products may fall into a legal grey area.
The legality of mushroom gummies is further complicated by the underground marketplace, where brands may use indirect messaging and operate through word-of-mouth to sell products containing illegal substances. This has led to cases of consumers, including children, falling ill after consuming mushroom gummies that contained undisclosed and potentially harmful substances, such as psilocybin and psilocin.
Overall, the legality of mushroom gummies in the US varies depending on the specific state and the type of mushroom used in the product. Consumers should exercise caution and be aware of the potential risks associated with these products.
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Amanita muscaria: legal or illegal?
Amanita muscaria, also known as fly agaric, is a psychoactive mushroom. While it is not listed as a controlled substance, it is also not authorized for use as an ingredient in food by the FDA due to safety concerns. The FDA has warned food manufacturers that Amanita muscaria and its constituents do not meet the safety standards for use in food and may be harmful.
The legal status of Amanita muscaria varies across different jurisdictions. In the United States, it is not a scheduled substance and is legal for consumers to possess, except in Louisiana, which has banned the mushroom. However, there is a lack of clarity regarding the commercial production and distribution of products containing Amanita muscaria.
In other countries, the legal status of Amanita muscaria may differ. For example, in Canada, psilocybin mushrooms are regulated under the Controlled Drugs and Substances Act, and Australia has the Poisons Standard in place. The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin and restrict its use to medical and scientific research.
It is important to note that the consumption of Amanita muscaria can lead to adverse health effects, and there have been reports of illnesses and suspected deaths associated with its use. Therefore, while the legal status of Amanita muscaria may vary, it is important for individuals to be aware of the potential risks associated with its consumption.
In summary, Amanita muscaria exists in a legal grey area, with its legality depending on the specific jurisdiction and the intended use. While it may not be explicitly illegal to possess or consume in some places, the lack of regulatory oversight and potential health risks make it a potentially unsafe choice for consumption.
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Psilocybin and psilocin: Schedule I substances
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognised medical uses. Psilocybin is a prodrug of psilocin, which means that the compound itself is biologically inactive but is quickly converted by the body to psilocin.
In the United States, psilocybin and psilocin are classified as Schedule I substances under the Controlled Substances Act. This means that their possession, sale, and distribution are highly illegal at the federal level. However, some states and cities have taken steps to decriminalise or legalise psilocybin for therapeutic or recreational purposes. For example, Oregon was the first state to legalise the controlled therapeutic use of psilocybin in 2020, and Colorado decriminalised psilocybin in 2022.
The United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. While the mushrooms containing the drug were not specifically included in the convention, most national drug laws have been amended to reflect the terms. For example, the UK Misuse of Drugs Act 1971, the US Psychotropic Substances Act, and the Canadian Controlled Drugs and Substances Act.
The legal status of psilocybin mushrooms varies, with some jurisdictions banning their sale and possession, while others allow it. In some cases, the cultivation of psilocybin mushrooms is considered drug manufacture and is heavily penalised. However, some countries and one US state (New Mexico) have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
Psilocybin mushroom gummies are becoming increasingly accessible, despite their federal prohibition, due to the underground marketplace and growing consumer demand for alternative therapies. It is important to note that the regulatory requirements for mushroom edibles are murky, and the FDA has not clearly specified whether they must be regulated as dietary supplements, foods, or drugs.
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Undisclosed ingredients in mushroom gummies
Mushroom gummies are often marketed as "nootropics", or substances that improve cognition and brain health. However, they may contain undisclosed ingredients that are potentially harmful and illegal.
In 2024, five people, including a 3-year-old child, were hospitalised after consuming mushroom gummies. This prompted researchers at UVA Health to analyse the gummies in their advanced Toxicology Laboratory. They found that three out of five brands of mushroom gummies tested contained psilocybin and psilocin, which are Schedule I substances according to the U.S. Food and Drug Administration (FDA). These substances are illegal at both the federal and state levels and have no medical use and a high potential for abuse. Other undisclosed ingredients found in mushroom gummies include caffeine, ephedrine, and kratom, an herb that can cause addiction.
Avery Michienzi, a medical toxicologist at the University of Virginia School of Medicine, has studied mushroom gummies and found inaccurate labelling to be rampant throughout the mushroom edibles market. Michienzi notes that many brands claim to use only non-psychoactive mushrooms like reishi, lion's mane, and chaga, but still advertise psychedelic experiences. This suggests that the labels may not be disclosing all the ingredients in their products.
The CDC has also released a health advisory, warning that mushroom gummies and chocolate bars may contain undisclosed and potentially harmful substances. They advise that adults who consume these products may experience hallucinations, altered mental status, tachycardia, and gastrointestinal upset.
The presence of undisclosed ingredients in mushroom gummies is a serious concern, as it can lead to unexpected and potentially harmful effects on consumers. It is important for consumers to be aware of the risks associated with these products and to seek immediate medical attention if they experience any negative symptoms after consumption.
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Decriminalization of psilocybin in certain US states
The decriminalization of psilocybin in certain US states has been a growing movement since 2019. Despite federal restrictions, some states and cities have taken steps to decriminalize or even legalize psilocybin for therapeutic or recreational purposes, creating a patchwork of legal statuses.
Psilocybin is classified as a Schedule I substance under the Controlled Substances Act in the United States, making its possession, sale, and distribution highly illegal at the federal level. Schedule I substances are defined as drugs with a high potential for abuse, no accepted medical use, and a lack of safety for use under medical supervision. However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin. Since then, over a dozen cities nationwide have followed suit, including Oakland and Santa Cruz, California; Washington, D.C.; Somerville, Cambridge, and Northampton, Massachusetts; Seattle, Washington; and Detroit, Michigan.
In terms of state-level action, Oregon was the first state to legalize the controlled therapeutic use of psilocybin through Measure 109, which passed in 2020. This law allows licensed professionals to administer psilocybin in supervised settings for mental health treatments. However, in 2024, much of the measure decriminalizing psilocybin was repealed, effectively recriminalizing it. Colorado passed Proposition 122 in 2022, decriminalizing psilocybin and other plant-based psychedelics for personal use. In 2025, New Mexico's governor signed a bill into law to establish a therapeutic psilocybin program in the state, allowing patients with certain qualifying conditions to access and use psilocybin under the guidance of a licensed healthcare provider.
While the decriminalization movement has gained momentum, it is important to note that the legal status of psilocybin varies across US states and cities. Some jurisdictions have specifically prohibited the sale and possession of psilocybin mushroom spores, and the cultivation of psilocybin mushrooms is often considered drug manufacture and severely penalized. Additionally, the regulatory requirements for mushroom edibles containing psilocybin remain unclear, creating a legal grey area.
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Frequently asked questions
The legality of mushroom gummies in the US depends on the type of mushroom used. Gummies with psilocybin, the psychoactive compound found in "magic mushrooms," are federally illegal but are decriminalized or legalized in certain U.S. states and cities.
Oregon was the first state to legalize the controlled therapeutic use of psilocybin in 2020. Colorado has also decriminalized psilocybin and other plant-based psychedelics for personal use. Additionally, the District of Columbia passed an initiative in 2020 that allows for the possession and non-profit distribution of psilocybin mushrooms.
Yes, mushroom gummies made with functional mushrooms like lion's mane, reishi, chaga, and cordyceps are legal and classified as dietary supplements. These mushrooms are known for their therapeutic benefits and do not contain psychoactive compounds.
Illegal mushroom gummies may contain undisclosed and potentially dangerous ingredients, including psilocybin, psilocin, kratom, and even prescription medications. These substances can have adverse effects and lead to severe illness, as evidenced by several cases requiring hospital evaluations.
