Emily Johnson
The consumption and distribution of magic mushrooms, or psilocybin mushrooms, are banned in most countries due to the United Nations Convention on Psychotropic Substances, an international treaty developed in 1971. While the treaty does not specifically mention psilocybin mushrooms, it requires its members to prohibit the use of psilocybin, the drug found in these mushrooms. In the United States, the federal government has classified psilocybin as a Schedule I drug, indicating a high potential for abuse and no recognized medical use. Despite this, there have been recent efforts to decriminalize and legalize psilocybin mushrooms in certain states and cities, such as Oregon, California, and Washington, D.C. With the changing legal landscape, it is important to understand the NCAA's stance on the use of mushrooms by student-athletes.
| Characteristics | Values |
|---|---|
| Status of mushrooms under NCAA | Unclear |
| Status of magic mushrooms in the US | Illegal in nearly every state, but some cities have decriminalized them |
| History of magic mushroom ban in the US | The Nixon administration banned magic mushrooms and other psychedelics in the 1970s |
| Reason for the ban | The ban was likely political rather than for public safety |
| Current reform efforts | Some cities have passed resolutions to ban law enforcement from using resources to arrest people for possessing magic mushrooms; some states are pursuing legislation to decriminalize or legalize psilocybin |
| Regulatory status of mushroom edibles | Unclear, the FDA has not specified how they should be regulated |
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What You'll Learn
- Magic mushrooms are illegal in most countries due to the 1971 UN Convention on Psychotropic Substances
- Psilocybin and psilocin are Schedule I drugs under the 1971 Convention
- The US federal government first regulated psilocybin in 1965
- Some US cities have decriminalized psilocybin, including Denver, Oakland, Santa Cruz, and Washington, D.C
- The FDA has warned against consuming certain mushroom edible products
1. Magic mushrooms are illegal in most countries due to the 1971 UN Convention on Psychotropic Substances
Magic mushrooms, or shrooms, are illegal in most countries due to the 1971 UN Convention on Psychotropic Substances. This international treaty was developed by the United Nations to prohibit the production, distribution, and consumption of psilocybin mushrooms and other psychedelic substances. While the United Nations doesn't have the power to enforce these laws in all signatory countries, it is up to each member state to create and enforce its own laws to prohibit shrooms and other psychedelics.
The treaty has been adopted by over 180 countries, with some passing legislation to implement the draft treaty as early as 1969. For example, in 1969, Canada added Part IV to its Food and Drugs Act, placing a set of "restricted substances", including LSD, DMT, and MDA, under federal control. In 1970, the United States revamped its drug control laws with the Controlled Substances Act, which was later amended by the Psychotropic Substances Act. The UK also passed the Misuse of Drugs Act in 1971, with many other nations following suit.
The treaty itself does not contain a formal description of the features of the substances in each schedule, but it has four schedules of controlled substances, ranging from Schedule I (most restrictive) to Schedule IV (least restrictive). The list of schedules and the substances therein can be found on the International Narcotics Control Board's website.
Despite the illegality of magic mushrooms in most countries, there have been recent efforts to decriminalize and even legalize psilocybin. For example, in 2019, Denver voters approved a ballot initiative that prevents the county from arresting or prosecuting individuals for growing or possessing shrooms for personal use. Similarly, the city council of Oakland, California, passed a resolution banning law enforcement from using city funds to arrest people for possessing magic mushrooms and other entheogenic plants. In addition, there is a growing interest in legalizing psilocybin for therapeutic use, with Oregon becoming the first state to do so.
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Psilocybin and psilocin are Schedule I drugs under the 1971 Convention
The inclusion of psilocybin and psilocin in Schedule I means that they are considered drugs with a high potential for abuse and no recognized medical uses. However, this classification has been contested, as psilocybin mushrooms have a long history of medicinal and religious use in various cultures and are believed to have a significantly lower potential for abuse compared to other Schedule I drugs.
The legal status of psilocybin mushrooms varies worldwide, with many countries having some level of regulation or prohibition in place. For example, in the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, and most US state courts consider the mushroom itself illegal as a "container" of illicit drugs. However, there has been a recent trend towards decriminalization and legalization of psilocybin mushrooms in some jurisdictions within the US, such as Oregon, Denver, Oakland, and Santa Cruz.
While the 1971 Convention on Psychotropic Substances has played a significant role in the regulation of psilocybin mushrooms, it is important to note that the treaty does not directly control the plants themselves. Instead, it focuses on the active principles, such as psilocybin and psilocin, found within the mushrooms. This distinction has led to legal ambiguities and loopholes, such as the legality of possessing and selling psilocybin mushroom spores in certain areas, as they do not contain the regulated drugs.
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The US federal government first regulated psilocybin in 1965
Psilocybin mushrooms, commonly known as "magic mushrooms", are illegal in most countries. The United States was one of the first countries to prohibit psilocybin, with the federal government first regulating it in 1965.
The Drug Abuse Control Amendments of 1965, an amendment to the federal Food, Drug and Cosmetic Act, was passed in July 1965 and came into effect on 1 February 1966. The law was intended to regulate the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs". However, the statutes did not explicitly list the hallucinogenic drugs being regulated. Instead, the term referred to substances believed to have a hallucinogenic effect on the central nervous system. Despite the seemingly strict provisions, many people were exempt from prosecution, as the statutes permitted the possession of such drugs for personal use or for administration to an animal.
In 1968, a federal law specifically banning psilocybin and psilocin was enacted, with these substances labelled as having "a high potential for abuse", "no currently accepted medical use", and "a lack of accepted safety". In 1970, psilocybin was classified as a Schedule I drug under the Controlled Substances Act, which is a category for illicit drugs with no known therapeutic benefit.
Since then, there have been efforts to reform psilocybin regulations, with some U.S. cities and states passing initiatives to decriminalize or deprioritize enforcement for possession, use, or cultivation of psilocybin mushrooms for personal use. Additionally, there is growing interest in legalizing psilocybin for therapeutic use, with Oregon becoming the first state to do so in 2020.
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Some US cities have decriminalized psilocybin, including Denver, Oakland, Santa Cruz, and Washington, D.C
The use, sale, and possession of psilocybin in the United States are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". The United States was one of the first countries to prohibit the substance, and it is federally classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
Despite this, some US cities have taken steps to decriminalize psilocybin. In May 2019, Denver, Colorado became the first city in the country to do so after a ballot initiative, known as Initiative 301, narrowly won with 50.6% of the vote. The initiative did not legalize mushrooms but prohibited Denver from spending any resources to prosecute people for their use or possession. The law applies to adults over the age of 21. Following this, the cities of Oakland and Santa Cruz in California passed resolutions in 2019 and 2020, respectively, that made personal use of certain psychedelics, including magic mushrooms, a low priority for law enforcement. Washington, D.C. has also made the enforcement of psychedelics' illegality one of its lowest priorities.
These moves towards decriminalization have been influenced by a growing body of research suggesting that psilocybin is non-addictive and causes a low number of emergency visits compared to other illegal drugs. The potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence has also been noted. Advocates for decriminalization argue that doing so would allow law enforcement to focus their attention and limited resources on higher priorities affecting the general public.
While these cities have taken steps to loosen restrictions on psilocybin, it is important to note that the substance remains illegal at the federal level in the United States.
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The FDA has warned against consuming certain mushroom edible products
The consumption and distribution of psilocybin mushrooms, commonly known as magic mushrooms, are prohibited in most countries, including the United States. Despite this, the popularity of mushroom edibles has been increasing.
The U.S. Food and Drug Administration (FDA) has issued warnings to the public about the dangers of consuming certain mushroom edible products. These products, often marketed as "psychedelic edibles" or "legal psychedelics," have been linked to a growing number of illnesses and hospitalizations across the United States. As of June 13, 2024, there were 12 connected cases of illness, including ten hospitalizations, across eight states. By November 15, 2024, the number had increased to 180 reported illnesses and 73 hospitalizations, with three potential deaths.
The FDA has specifically targeted mushroom edibles containing Amanita muscaria, a poisonous mushroom. While there are not many documented overdose cases or deaths, the FDA's scientific review highlighted the potential for serious harm and adverse effects on the central nervous system, such as hallucinations, drowsiness, delirium, and seizures. The FDA also noted the lack of internationally recognized food standards to ensure the safe processing and consumption of these mushrooms.
Additionally, the FDA has warned against consuming mushroom-based chocolates and candies marketed as a way to "microdose." These products, such as the Diamond Shruumz brand, often claim to provide drug-like effects while not containing psychedelic substances. However, testing revealed undisclosed substances, including muscimol, a chemical found in Amanita mushrooms, and synthetic versions of psilocybin, pregabalin, and kava. The FDA's investigation concluded that muscimol alone could not explain all the adverse symptoms reported.
The FDA has various options for addressing this issue, including working with companies to recall products, seizing products from shelves, obtaining court orders or injunctions, and pushing for the classification of the mushrooms or their active ingredients as controlled substances. The FDA's actions highlight the potential risks associated with unregulated natural substances and the need for consumer education to ensure public safety.
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