John Miller
The legal status of psilocybin mushrooms, also known as magic mushrooms, varies across the world. In the United States, psilocybin is a Schedule I drug under the Controlled Substances Act of 1970, making it illegal at the federal level. However, in recent years, there has been a growing movement towards decriminalization and legalization of psilocybin mushrooms in certain states and cities, including Oregon, Colorado, and Denver. Proponents of decriminalization argue that criminalization creates more harm than good, as it prevents people from seeking help and treatment. On the other hand, critics argue that psychedelics are powerful substances that require more research to understand their potential risks and benefits. The debate surrounding the decriminalization of psilocybin mushrooms is complex and multifaceted, with considerations for public health, individual freedom, and the potential therapeutic benefits of these substances.
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What You'll Learn
The legal status of psilocybin mushrooms varies worldwide
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. However, due to pressure from the Mexican government, the mushrooms containing the drug were not specifically included in the convention. As a result, the legal status of psilocybin mushrooms varies across different countries and jurisdictions.
In some countries, psilocybin mushrooms are fully legalized, while in others, they are legal only under specific contexts. For example, Switzerland has had an exceptional use program in place since the 1980s, with the most recent law in effect since 2014, allowing legal psychedelic therapy on official request. Israel approved a compassionate use program for the therapeutic use of MDMA in people with PTSD in 2019. Jamaica and Nepal also have lenient laws regarding psilocybin, with Jamaica being a popular destination for psychedelic tourism due to its lack of laws surrounding the substance.
In the United States, psilocybin and psilocin are federally regulated and classified as Schedule I controlled substances with no accepted medical use and a high potential for abuse. They were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965 and were later banned by the 1970 Controlled Substances Act. However, there has been ambiguity and selective enforcement regarding the legal status of psilocybin mushrooms. While most US state courts consider the mushrooms illegal as they contain illicit drugs, some states have ruled that growing psilocybin mushrooms for personal use does not qualify as "manufacturing a controlled substance". Additionally, the spores of psilocybin mushrooms, which do not contain the drugs, are legal to possess in many areas, creating a loophole that has led to an underground economy.
In recent years, there has been a growing movement to decriminalize psilocybin in the United States, with advocates drawing parallels to the rapid legalization of cannabis. As of 2025, more than a dozen cities have deprioritized or decriminalized psilocybin, including Denver, Colorado, which became the first city to decriminalize the substance in 2019. Oregon and Colorado have also legalized psilocybin for state-regulated programs, with Oregon voters approving the measure in 2020 and Colorado following suit in 2022. Other states, such as California, New Jersey, and Maine, are also considering similar measures.
The increasing scientific research highlighting the therapeutic and medicinal benefits of psychedelics has contributed to the growing legal and political support for decriminalization and legalization efforts worldwide. However, concerns remain about the potential risks associated with increased substance use and psychedelic-related emergencies.
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Magic mushrooms are decriminalized in some US cities and states
Magic mushrooms, or psilocybin mushrooms, are decriminalized in some US cities and states. Psilocybin is a psychedelic compound found in magic mushrooms, which are used as a recreational drug. While the mushrooms themselves are not specifically included in the United Nations Convention on Psychotropic Substances, psilocybin and psilocin are listed as Schedule I drugs under the convention. This means that they have a high potential for abuse and no recognized medical use.
In the US, the possession and use of psilocybin are illegal under federal law, and it is classified as a Schedule I controlled substance. However, some cities and states have taken steps to decriminalize it. In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect in March 2021. This initiative decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for DC police.
Following the lead of Washington, DC, other cities in the US have also moved towards decriminalization. In January 2021, Washtenaw County, Michigan, decriminalized psilocybin mushrooms. That same month, the City Council of Somerville, Massachusetts, voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms. This was followed by Cambridge, Massachusetts, in February 2021, and Northampton, Massachusetts, in March 2021. In October 2021, the City Council of Seattle, Washington, and Arcata, California, also voted to deprioritize enforcing entheogen prohibition.
At the state level, Oregon was the first state to legalize psilocybin in 2020, followed by Colorado in 2022. In Oregon, voters approved measures to legalize the supported or supervised adult use of psilocybin and to decriminalize it. Colorado implemented a similar measure, allowing for the medical use and decriminalized possession of psilocybin. While these states have made strides towards decriminalization, it is important to note that psilocybin remains illegal under federal law, and its use and possession are prohibited by the 1970 Controlled Substances Act.
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Calls to poison centers increased after decriminalization
The push for decriminalizing psilocybin, or "magic mushrooms", in the United States has been influenced by the rapid legalization of cannabis across the country. While advocates for decriminalization point to the medicinal and religious uses of psilocybin mushrooms in various cultures throughout history, critics argue that there is a lack of understanding of the potential risks associated with their use.
In recent years, several US cities and states have decriminalized or deprioritized the enforcement of psilocybin possession, use, and cultivation. Denver, Colorado became the first city to do so in May 2019, followed by Oakland, California in June 2019, and Washington D.C. in November 2020. As of 2025, more than a dozen cities nationwide have followed suit, including Oregon and Colorado, which have fully legalized psilocybin for medical use.
This shift in policy has led to a notable increase in calls to poison control centers across the United States, particularly involving adolescents and young adults aged 13 to 25. Researchers from the University of Virginia School of Medicine analyzed data from 55 U.S. poison centers between 2013 and 2022 and found that psilocybin-related calls more than tripled among teens aged 13-19 and more than doubled among young adults aged 20-25 during this period.
The increase in poison center calls is particularly concerning given the potential health risks associated with psilocybin use. Using psilocybin can cause psychosis, hallucinations, delusions, and agitation, and some individuals may experience "bad trips" that can lead to harm to oneself or others. While decriminalization does not mean that psilocybin is legal, it directs police resources away from enforcement, making it more accessible to young people. This trend of increased poison center calls mirrors a similar rise in acute cannabis poisoning among children and adolescents following marijuana legalization.
As the legal landscape surrounding psilocybin continues to evolve, it is important for public health officials and policymakers to monitor the impact of these changes on communities, especially vulnerable populations such as adolescents and young adults.
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Psychedelics are powerful substances that require education
The legal status of psilocybin mushrooms varies worldwide. While they are illegal in many countries, some jurisdictions have decriminalized their use and possession. In the United States, for example, psilocybin mushrooms, commonly known as "magic mushrooms", are classified as a Schedule I drug under the Controlled Substances Act of 1970, indicating that they have "no accepted medical use and a high potential for abuse". Despite this, some states and cities have moved to decriminalize psilocybin mushrooms, including Oregon, Colorado, Denver, Ann Arbor, Seattle, and Oakland.
The push for decriminalization is driven by the growing body of research highlighting the therapeutic and medicinal potential of psychedelics. Proponents argue that the criminalization of drugs, including psychedelics, creates more harm than good. They contend that it prevents people from seeking help and discourages open conversations about drug use with medical professionals.
However, it is essential to recognize that psychedelics are extremely powerful substances. While they have been used for medicinal and religious purposes in various cultures throughout history, they can also induce intense and sometimes dangerous experiences. As Mason Marks, a visiting professor at Harvard Law School, states, any changes in legislation to improve access should be accompanied by comprehensive education about psychedelics. This education should encompass not only the positives but also the risks, effects, and potential long-term consequences of using substantial doses.
Indeed, concerns have been raised about the potential increase in psychedelic-related emergencies, particularly among young people. In jurisdictions that have decriminalized psilocybin, there has been a notable rise in calls to poison control centers, especially among adolescents and young adults. This trend underscores the importance of education and harm reduction strategies to accompany any legislative changes surrounding psychedelics.
As the body of research on the therapeutic benefits and risks of psychedelics continues to grow, lawmakers in several states and cities are considering loosening restrictions on psilocybin mushrooms. This evolving legal landscape underscores the need for ongoing dialogue and education about the responsible use of these powerful substances.
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The UN Convention on Psychotropic Substances and its impact
The UN Convention on Psychotropic Substances, signed in 1971, represents a significant development in the international drug control framework. This treaty builds upon the Single Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances, addressing the need to regulate precursor chemicals and strengthen provisions against drug-related crimes, including money laundering.
The convention classifies psilocybin and psilocin, the active compounds in psilocybin mushrooms, as Schedule I drugs, which are deemed to have a high potential for abuse and no recognized medical uses. As a result, it mandates its members to prohibit psilocybin, restricting its use to medical and scientific research under tightly controlled conditions. Interestingly, the mushrooms themselves were not explicitly included in the convention due to pressure from Mexico, leaving room for interpretation in national drug laws.
The impact of the convention has been mixed. While it has provided a framework for drug control, the implementation and enforcement vary across countries. Many nations, including the US, UK, Canada, and Australia, have amended their drug laws to align with the convention, enacting measures like the US Psychotropic Substances Act and the UK Misuse of Drugs Act. These laws often carry stringent penalties for possession and use. However, the legal status of psilocybin mushrooms remains ambiguous in some jurisdictions, with varying levels of regulation or prohibition.
In recent years, there has been a growing movement to decriminalize psilocybin mushrooms, particularly in North America. Several US states, including Oregon, Colorado, and Washington, DC, have taken steps toward decriminalization, deprioritizing law enforcement or legalizing specific psychedelics. These reforms are driven by increasing scientific research highlighting the therapeutic benefits of psychedelics, as well as the rapid legalization of cannabis. However, critics argue that more research is needed to understand the potential risks associated with unrestricted use, and some lawmakers have urged for therapeutic guidelines to be established alongside decriminalization efforts.
In conclusion, the UN Convention on Psychotropic Substances has played a pivotal role in shaping the global approach to drug control, particularly regarding substances like psilocybin mushrooms. While it has led to standardized restrictions, the interpretation and enforcement of these regulations differ across jurisdictions, and the ongoing decriminalization movements reflect a shifting legal landscape surrounding psychedelics.
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Frequently asked questions
No, magic mushrooms are illegal under federal law in the US. Psilocybin, the psychedelic compound in magic mushrooms, is classified as a Schedule I drug, meaning it has "no accepted medical use and a high potential for abuse." However, some cities and states have decriminalized or deprioritized the enforcement of laws against psilocybin and magic mushrooms.
Decriminalization of mushrooms means that law enforcement will not prioritize arrests for possession or use of psilocybin and magic mushrooms. This does not mean that the substances are legal, but it directs police to focus on other crimes.
Several cities in the US have decriminalized or deprioritized enforcement of laws against psilocybin and magic mushrooms, including Denver, Colorado; Oakland, California; Washington, DC; Somerville, Massachusetts; Cambridge, Massachusetts; and Seattle, Washington. Oregon and Colorado have also passed statewide measures to decriminalize or legalize psilocybin and magic mushrooms.
There are several reasons why some jurisdictions are moving towards decriminalizing mushrooms. One reason is the growing body of scientific research suggesting that psilocybin has therapeutic and medicinal benefits, particularly for mental health conditions such as severe depression, anxiety, post-traumatic stress disorder, and addiction. Another reason is the historical use of psilocybin by Indigenous cultures for religious and sacramental purposes. Additionally, some advocates argue for decriminalization based on the concept of "grow, gather, and gift," promoting community access to plants with medicinal and spiritual qualities outside of a commercialized framework.
Yes, there are potential risks and concerns associated with mushroom decriminalization. One concern is the increase in calls to poison control centers related to psilocybin, particularly among young people under the legal age of 21. There are also questions about accessibility, funding, and the potential for pharmaceutical companies to control access to a natural medicine. Some critics argue that decriminalization efforts are premature and more research is needed to understand the potential risks and consequences of unrestricted use.
