Sarah Brown
The legality of mushrooms varies across the world. Psilocybin, the best-known psychedelic substance derived from magic mushrooms, is a Schedule I substance in the US: an illegal drug considered to have no medical use and high potential for abuse. In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965. The possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties. However, in Oregon, magic mushrooms are legal for mental health treatment in supervised settings. In Canada, the sale, possession, and production of magic mushrooms are illegal unless authorized by Health Canada. In some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin.
| Characteristics | Values |
|---|---|
| Legal status of psilocybin mushrooms | Many countries have some level of regulation or prohibition of psilocybin mushrooms. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act. |
| United Nations Convention on Psychotropic Substances | Requires members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. However, mushrooms containing psilocybin were not specifically included due to pressure from the Mexican government. |
| US federal regulation | Psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, which amended the federal Food, Drug, and Cosmetic Act to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. |
| Ambiguity in national, state, and provincial drug laws | In many jurisdictions, there is ambiguity and selective enforcement regarding the legal status of psilocybin mushrooms. Most US state courts consider the mushrooms a "container" of illicit drugs, making them illegal. |
| Legal status of spores | In some jurisdictions, Psilocybe spores are legal to sell and possess since they do not contain psilocybin or psilocin. However, some places, like Germany and California, have specifically banned the possession of psilocybin mushroom spores. |
| Cultivation | Cultivation of psilocybin mushrooms is often considered drug manufacture and penalized. However, some places, like New Mexico, have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. |
| Clinical trials | Health Canada's Clinical Trials Database lists clinical trials involving psilocybin that have been authorized in Canada. |
| Risks and side effects | Using magic mushrooms can lead to short-term mental and physical effects, including hallucinations and an altered state of consciousness. Combining magic mushrooms with other substances can elevate the risk of serious side effects. |
| Dependency | There is little evidence that people can become physically or psychologically dependent on magic mushrooms. |
| Tolerance | Regular use of magic mushrooms can lead to tolerance, where even high amounts of the drug will no longer produce the desired effect. |
| Schedule I substance | Psilocybin and psilocin are considered Schedule I controlled substances under the Controlled Substances Act (CSA) in the United States. |
| Legal status of edibles | Edibles containing mushrooms are openly sold in gas stations, smoke shops, and online marketplaces, but their ingredients are unclear and may contain undisclosed or illegal substances. |
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What You'll Learn
- Psilocybin and psilocin are controlled substances in many countries
- The United Nations Convention on Psychotropic Substances requires members to prohibit psilocybin
- Spores are legal in some places, but illegal in others
- Cultivation of psilocybin mushrooms is often considered drug manufacture
- Magic mushrooms are illegal in Canada, but clinical trials are taking place
Psilocybin and psilocin are controlled substances in many countries
Psilocybin and psilocin, the active ingredients in magic mushrooms, are hallucinogens that produce effects similar to LSD. They are controlled substances in many countries, including the United States, Canada, the United Kingdom, Australia, and Japan. In the United States, psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, which was an amendment to the Federal Food, Drug, and Cosmetic Act. This law was intended to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. Most US state courts have considered psilocybin mushrooms a "container" of illicit drugs, and therefore illegal. However, there has been ambiguity and selective enforcement in some places, with some jurisdictions specifically prohibiting the sale and possession of psilocybin mushroom spores, while others allow it because the spores do not contain psilocybin or psilocin.
Internationally, psilocybin and psilocin are controlled under the United Nations Drug Control Conventions. 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 under strictly controlled conditions. While the convention did not specifically include psilocybin mushrooms, most national drug laws have been amended to reflect its terms, including in the US, UK, Canada, Australia, and Japan.
In Canada, under the Controlled Drugs and Substances Act (CDSA), activities involving magic mushrooms, psilocybin, and psilocin, such as sale, possession, and production, are illegal unless authorized by Health Canada through a licence or exemption. In the United States, the possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties. However, there are some exceptions, such as in Oregon, where voters passed a ballot initiative in 2020 that made magic mushrooms legal for mental health treatment in supervised settings. Similarly, in the District of Columbia, the Entheogenic Plant and Fungus Policy Act of 2020 allows for the possession and non-profit distribution of psilocybin mushrooms.
While the legal status of psilocybin mushrooms varies across jurisdictions, it is important to note that using magic mushrooms can lead to short-term mental and physical effects. These effects include heightened emotions and senses, hallucinations, and an altered state of consciousness. There may also be risks associated with combining magic mushrooms with other substances, and individuals with pre-existing psychiatric or cardiac conditions may be at an elevated risk of side effects.
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The United Nations Convention on Psychotropic Substances requires members to prohibit psilocybin
The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin. This convention is a UN treaty designed to control psychoactive drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics. It was signed in Vienna, Austria, on February 21, 1971, and came into force on August 16, 1976.
The convention has four schedules of controlled substances, ranging from Schedule I (most restrictive) to Schedule IV (least restrictive). Psilocybin and psilocin, the active ingredients in magic mushrooms, are listed as Schedule I drugs, defined as drugs with a high potential for abuse and no recognized medical uses. However, psilocybin mushrooms have had numerous medicinal and religious uses in various cultures throughout history and may have a lower potential for abuse than other Schedule I drugs.
While the convention requires members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention due to pressure from the Mexican government. This has created ambiguity in the legal status of psilocybin mushrooms in some jurisdictions. Most national drug laws have been amended to reflect the terms of the convention, resulting in the regulation or prohibition of psilocybin mushrooms in many countries.
In some jurisdictions, psilocybin spores are legal to possess and sell because they do not contain psilocybin or psilocin. However, in other jurisdictions, such as Germany and some US states, the possession of psilocybin mushroom spores has been criminalized, leading to an underground economy for their sale and cultivation.
The convention allows for the use of psychotropic substances for medical and scientific research under strictly controlled conditions. Clinical trials involving psilocybin are currently being conducted in Canada, and psilocybin has been legalized for mental health treatment in supervised settings in Oregon, US.
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Spores are legal in some places, but illegal in others
The legal status of psilocybin mushrooms varies worldwide. While the United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention. This has created ambiguity in the legal status of psilocybin mushrooms in many national, state, and provincial drug laws.
The spores of psilocybin mushrooms do not naturally contain psilocybin or psilocin, the drugs that cause hallucinogenic effects. As a result, spores are legal to sell and possess in many areas, including most parts of the United States. Amateur microscopists interested in studying cubensis spores can do so in these areas, as long as the spores are not germinated and used for research purposes only.
However, in some jurisdictions, spores are banned because they can be used to cultivate psilocybin mushrooms, which is considered drug manufacture. In these places, the sale and possession of psilocybin mushroom spores are prohibited, and charges can be brought under state laws. Examples of such jurisdictions include Germany, California, Georgia, and Idaho.
The legal status of psilocybin mushrooms and their spores is evolving. In November 2020, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, and Australia approved their use in prescription medications for treating PTSD and treatment-resistant depression. These changes reflect a shifting legal landscape regarding psilocybin mushrooms and their spores.
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Cultivation of psilocybin mushrooms is often considered drug manufacture
Psilocybin mushrooms, commonly known as magic mushrooms or shrooms, are a type of hallucinogenic mushroom that contains the prodrug psilocybin, which turns into the psychedelic psilocin upon ingestion. The mushrooms have been used for recreational and spiritual purposes, and they have also been studied for their potential therapeutic benefits. However, their legal status has been a subject of debate and varies across different jurisdictions.
The cultivation of psilocybin mushrooms is often considered drug manufacture and is subject to legal regulations. In most jurisdictions, the cultivation, possession, and sale of psilocybin mushrooms are illegal and may result in severe penalties. Psilocybin and psilocin are classified as Schedule I drugs under the United Nations Convention on Psychotropic Substances, indicating a high potential for abuse and no recognized medical use. However, the mushrooms themselves were not specifically included in this convention due to pressure from the Mexican government.
The legal status of psilocybin mushrooms varies across different countries and even within the United States. For example, in some U.S. states like California, Georgia, and Idaho, the sale and possession of psilocybin mushroom spores are explicitly prohibited. In contrast, other states like New Mexico have ruled that growing psilocybin mushrooms does not constitute "manufacturing" a controlled substance. This ambiguity has led to an underground economy and an internet-based social network supporting the illicit trade of spores and cultivation materials.
While the cultivation of psilocybin mushrooms is generally considered drug manufacture, there have been recent developments towards decriminalization and therapeutic use in certain jurisdictions. For instance, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for therapeutic use in 2020. Colorado followed suit in 2022, legalizing the consumption, growing, and sharing of psilocybin mushrooms for personal use while prohibiting sales until regulations are drafted. Additionally, certain jurisdictions in the U.S., such as Ann Arbor, Detroit, Oakland, Seattle, and Washington, D.C., have also decriminalized psilocybin mushrooms to varying degrees.
The legal landscape surrounding psilocybin mushrooms is complex and evolving. While cultivation is often considered drug manufacture, the increasing recognition of the potential therapeutic benefits of psilocybin has prompted some jurisdictions to reevaluate their legal stance. As a result, policies and regulations regarding the cultivation and use of psilocybin mushrooms may continue to undergo changes in the future.
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Magic mushrooms are illegal in Canada, but clinical trials are taking place
Magic mushrooms, or psilocybin mushrooms, are illegal in Canada. The active ingredients in magic mushrooms, psilocybin and psilocin, are classified as Schedule I drugs under the United Nations Drug Control Conventions and the Canadian Controlled Drugs and Substances Act (CDSA). This means that activities involving magic mushrooms, such as sale, possession, and production, are prohibited in Canada unless authorized by Health Canada.
Despite the illegal status of magic mushrooms in Canada, there is increasing interest in their potential therapeutic benefits, particularly for mental health disorders. Clinical trials involving psilocybin are currently being conducted in the country, with promising initial results. These trials are crucial for advancing research and understanding the health benefits and risks associated with the potential therapeutic use of psilocybin.
The therapeutic potential of magic mushrooms has been recognized in some jurisdictions, leading to changes in their legal status. For example, in November 2020, Oregon voters passed an initiative legalizing magic mushrooms for mental health treatment in supervised settings. Additionally, in 2022, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy, with the new regulations coming into effect in January 2023.
While the production, sale, and possession of magic mushrooms remain illegal in Canada, there have been recent developments indicating a shift in attitude. Some city officials in Vancouver have advocated for regulating magic mushroom dispensaries, and Green Party Vancouver city councillors voted to overturn a ban on a mushroom dispensary. However, these proposals have been met with resistance, with concerns about public health and the need for more clinical evidence cited as reasons for maintaining the existing ban.
The ongoing clinical trials in Canada provide a framework to study the effects of psilocybin and build evidence for its safety and efficacy as a treatment option. While the illegal status of magic mushrooms ensures strict control, the clinical trials and Health Canada's Special Access Program offer regulated pathways for individuals to legally access psilocybin for scientific and medical purposes.
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Frequently asked questions
Psilocybin mushrooms are not regulated by UN treaties, but many countries, including the US, have some level of regulation or prohibition. Psilocybin and psilocin are considered Schedule I substances under the Controlled Substances Act (CSA). However, there is ambiguity in the legal status of psilocybin mushrooms, and the spores of these mushrooms are legal to possess in many areas as they do not contain the drugs.
In November 2020, Oregon passed an initiative that made "magic mushrooms" legal for mental health treatment in supervised settings. There is also a bill pending in the California State Legislature that would legalize the "possession, obtaining, giving away, or transportation" of specified quantities of psilocybin and other substances.
There is a growing market for edibles like gummies and chocolates that claim to contain psychedelic mushrooms. However, there is no way to know what is in these products, and they may contain undisclosed and potentially dangerous or illegal ingredients. The US Food and Drug Administration (FDA) has warned against consuming products made by certain brands due to links with seizures, blackouts, heart problems, and other side effects.
There are currently no approved therapeutic products containing psilocybin in Canada or elsewhere.
Mushroom spores are not considered controlled substances under the CSA as they do not contain psilocybin or psilocin. However, if the spores are used to produce mushrooms containing these substances, they would be considered controlled. While spores are federally legal, some states like California, Georgia, and Idaho prohibit them.
