Emily Johnson
The use of psilocybin mushrooms, commonly known as magic mushrooms, is a highly debated topic in California. While the state has not fully decriminalized the use and possession of these substances, several cities and counties within California have taken steps towards decriminalization. Cities like Oakland, San Francisco, Santa Cruz, and Berkeley have passed measures to decriminalize natural psychedelics, including psilocybin mushrooms. However, the state's Health and Safety Code 11350 classifies psilocybin as a Schedule I controlled substance, making it illegal within California state lines. Despite the vetoes by Governor Gavin Newsom on state-level decriminalization bills, advocates continue to push for the expansion of psychedelic use, with potential ballot initiatives in the future.
| Characteristics | Values |
|---|---|
| Status of decriminalization of mushrooms in CA | Not decriminalized yet |
| Cities in CA that have decriminalized natural psychedelics | Oakland, San Francisco, Santa Cruz, Berkeley |
| CA Governor's take on decriminalization | Gov. Gavin Newsom vetoed the bill to decriminalize mushrooms in 2023 |
| CA Senate Bill | Senate Bill 58, passed by the California Senate in 2023, would have decriminalized the possession and use of small amounts of psilocybin and psilocin for adults aged 21 and above |
| Reason for veto | More therapeutic guidelines were needed |
| CA voters' take | In 2024, Massachusetts voters rejected a law that would have legalized the possession and personal cultivation of certain naturally occurring psychedelics for people over the age of 21 |
| Penalties for possession of psychedelic mushrooms in CA | Small amounts for personal use may lead to misdemeanor fines and a maximum of 1 year in county jail. |
| Larger quantities with suspected intent to distribute can lead to felony charges, potentially with multi-year state prison sentences. |
Explore related products
$19.24 $35
What You'll Learn
- Magic mushrooms remain illegal in California
- Some California counties have decriminalized possession of limited amounts of mushrooms
- California Gov. Gavin Newsom vetoed a bill that would have decriminalized possession and use
- Cities like Oakland, San Francisco, Santa Cruz, and Berkeley have decriminalized natural psychedelics
- Veterans are at the center of the next push to legalize psychedelic therapies in California
Magic mushrooms remain illegal in California
Newsom's decision was met with opposition from advocates of decriminalization, who argue that studies have shown that decriminalization does not lead to increased crime rates. They also highlight the therapeutic benefits of these substances in addressing mental health and addiction challenges. Despite the veto, some cities in California, such as Oakland, San Francisco, Santa Cruz, and Berkeley, have taken steps to decriminalize natural psychedelics, including substances derived from plants and fungi.
Under California's Health and Safety Code 11350, psilocybin is classified as a Schedule I controlled substance, alongside drugs like heroin, LSD, and ecstasy. This classification means that all uses of psilocybin mushrooms are currently illegal within California state lines, and possession can lead to criminal charges ranging from misdemeanours to felonies, depending on the quantity involved.
While magic mushrooms remain illegal in California, there is a growing movement to decriminalize psilocybin in the state. Proponents of decriminalization argue that the justice system is recognizing more nuance in psilocybin use cases compared to other narcotics charges. Additionally, the potential therapeutic benefits of psilocybin are gaining recognition, and public education about the effects and relative risks of psilocybin compared to other substances may lead to a shift in public perception and policy.
Although magic mushrooms are illegal in California, the state has a history of progressive drug policy reform, and there is ongoing legislative effort to decriminalize and legalize psilocybin. As public opinion and research continue to evolve, the legal status of magic mushrooms in California may change in the future.
Mushroom Manure and Lime: Balancing Act?
You may want to see also
Some California counties have decriminalized possession of limited amounts of mushrooms
In California, magic mushrooms are considered illegal under federal law. However, some California counties have decriminalized the possession of limited amounts of mushrooms. In October 2021, the City Council of Arcata, California, voted to deprioritize enforcing entheogen prohibition. Cities including Oakland, San Francisco, Santa Cruz, and Berkeley have decriminalized natural psychedelics that come from plants and fungi. In these counties, an individual would not be prosecuted for possessing limited quantities of magic mushrooms.
In 2023, California almost legalized psychedelics. Senate Bill 58, which aimed to decriminalize the possession and use of some hallucinogens, including psychedelic mushrooms, was passed by the California Senate. However, it was vetoed by Governor Gavin Newsom, who urged the legislature to send him legislation that includes therapeutic guidelines. Newsom stated that more needs to be done before California decriminalizes hallucinogens. Opponents of the bill argued that the benefits of the drugs are still largely unknown, and it could lead to more crimes and easier access for minors.
Despite the veto, California voters may have a chance to weigh in on the issue in the future. In 2024, a cannabis dispensary in Los Angeles County openly sold psychedelic mushrooms, and Senate Bill 58 was reintroduced to the Legislature. The bill aimed to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, including psilocybin.
While the possession of limited amounts of mushrooms has been decriminalized in some California counties, it is important to note that magic mushrooms remain illegal in California and under federal law. The state's Health and Safety Code 11350 classifies psilocybin as a Schedule I controlled substance, alongside drugs like heroin, LSD, and ecstasy. This means that all uses of psilocybin mushrooms are illegal within California state lines, and possession can result in criminal charges.
Microdosing Mushrooms: Legal or Not?
You may want to see also
California Gov. Gavin Newsom vetoed a bill that would have decriminalized possession and use
On October 7, 2023, California Governor Gavin Newsom vetoed a bill that would have decriminalized the possession and use of some hallucinogens, including psychedelic mushrooms. The bill would have removed criminal penalties for the possession and use of psychedelic mushrooms, mescaline, and dimethyltryptamine (DMT). It would have only applied to those over 21 years old.
The bill, which would have taken effect in 2025, would have required the California Health and Human Services Agency to study and make recommendations to lawmakers on the therapeutic use of psychedelic substances. However, even if the bill had become law, the drugs would still be illegal under federal law. Psilocybin is federally classified as a Schedule I controlled substance, which means it is considered to have no accepted medical use and a high potential for abuse.
Governor Newsom, who previously championed the legalization of cannabis in 2016, stated that more needs to be done before California decriminalizes hallucinogens. He urged the legislature to send him legislation that includes therapeutic guidelines.
Opponents of the bill argued that the benefits of these drugs are still largely unknown, and that it could lead to increased crime and easier access for minors. The California Coalition for Psychedelic Safety and Education, which opposed the measure, expressed gratitude that Governor Newsom listened to medical experts, researchers, and psychiatrists who warned that legalization without guardrails was premature. They emphasized the need for public education campaigns, safety protocols, and emergency response procedures before any decriminalization efforts.
Despite the veto, California voters may have the opportunity to weigh in on the issue in the future. Cities within California, including Oakland, San Francisco, Santa Cruz, and Berkeley, have already decriminalized natural psychedelics derived from plants and fungi. Additionally, more than a dozen cities across the United States have deprioritized or decriminalized psilocybin in recent years, reflecting a growing trend toward exploring the therapeutic potential of psychedelics.
Mushroom Sizes: A Comprehensive Guide to Their Growth
You may want to see also
Explore related products
Cities like Oakland, San Francisco, Santa Cruz, and Berkeley have decriminalized natural psychedelics
In California, the possession and use of psychedelic mushrooms remain illegal. However, several cities and counties have passed measures to decriminalize natural psychedelics. These include Oakland, San Francisco, Santa Cruz, and Berkeley. In these jurisdictions, individuals will not face prosecution for possessing limited quantities of psychedelic substances like psilocybin and mescaline.
The movement to decriminalize psychedelics in California has gained momentum in recent years, with advocates pushing for state-wide reform. In 2023, the California Senate passed Senate Bill 58, which aimed to decriminalize the possession and use of small amounts of psychedelics for adults aged 21 and above. However, the bill was vetoed by Governor Gavin Newsom, who called for more therapeutic guidelines to be included in the legislation. Despite this setback, supporters of decriminalization remain hopeful, and efforts are ongoing to place initiatives on the ballot in November 2024 to legalize the use and sale of mushrooms for adults 21 and older.
The push for decriminalization in California is part of a broader trend across the United States, with more than a dozen cities and states exploring similar measures. As of 2025, Oregon and Colorado have implemented programs to regulate the use of psychedelic mushrooms for therapeutic purposes. Additionally, Washington, D.C., and several cities in Massachusetts and Washington have also decriminalized psychedelics, making arrests for possession or use the lowest priority for law enforcement.
While the benefits of decriminalization are still being studied, proponents argue that these substances offer mental health and addiction treatment potential. They also emphasize that decriminalization does not equate to legalization, and regulated access could help ensure safe and controlled usage. Opponents, however, express concerns about potential increased access for minors and argue that more safeguards and research are necessary before making policy changes.
Mushrooms: Stimulant or Not?
You may want to see also
Veterans are at the center of the next push to legalize psychedelic therapies in California
California has been at the forefront of the push for the legalization of psychedelic therapies, with cities like Oakland, San Francisco, Santa Cruz, and Berkeley decriminalizing natural psychedelics derived from plants and fungi. In 2023, the state Senate passed a bill to decriminalize the possession and use of small amounts of psychedelics for adults over the age of 21. However, this bill was vetoed by Governor Gavin Newsom, who called for therapeutic guidelines to be included in the legislation. Despite this setback, advocates are working to place initiatives to expand psychedelic use on the ballot in upcoming elections.
Veterans are playing a crucial role in the push for legalization, as many have found relief from mental health disorders, particularly post-traumatic stress disorder (PTSD), through the use of psychedelics. Former Army Ranger Jesse Gould, for example, founded the Heroic Hearts Project to lead journeys to places like Costa Rica and Peru, where psychedelics are legal, after finding relief from his own PTSD through these substances. Another veteran, Juliana Mercer, shared that her life was changed by psychedelic treatments between deployments to Iraq and Afghanistan.
The growing body of evidence supporting the therapeutic benefits of psychedelics for veterans and others with mental health disorders has fueled the push for legalization in California. Dr. Itai Danovitch, the chair of the Department of Psychiatry and Behavioral Neurosciences at Cedars-Sinai Medical Center, explained that psychedelics can be powerful medicines with therapeutic effects, but also emphasized the importance of caution and proper assessment by a medical professional before their use.
Advocates in California are working on a bipartisan bill, the "Regulated Therapeutic Access to Psychedelics Act," which would establish a psychedelic access program specifically for veterans and first responders with PTSD, end-of-life distress, or other specified conditions. The bill includes the creation of a "Veterans and First Responders Research Pilot Special Fund" to support research into the therapeutic benefits of psilocybin and psilocin for mental health disorders related to trauma and stress. The bill also aims to address concerns about the potential negative consequences of legalization by including measures for data analysis and recommendations to be submitted to the state legislature.
While the future of psychedelic legalization in California remains uncertain, the efforts of veterans and other advocates are helping to shape the conversation and push for regulated therapeutic access to these substances.
Mushroom Consumption and Acne: Is There a Link?
You may want to see also
Frequently asked questions
No, mushrooms are not decriminalized in California. However, some cities in California, such as San Francisco, Oakland, and Santa Cruz, have decriminalized natural psychedelics.
Yes, there are ongoing efforts to decriminalize mushrooms in California. In 2023, Gov. Gavin Newsom vetoed a bill that would have decriminalized the possession of psychedelics but asked legislators for a bill that would prioritize the therapeutic promise of these drugs.
Advocates of decriminalization argue that these substances are not addictive and can help people with mental health and addiction challenges. They also point to the therapeutic benefits of psilocybin and the fact that decriminalization does not increase crime rates.
