Laura Smith
In the United States, psilocybin, the active compound in magic mushrooms, is classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse. The drug was banned under the 1970 Controlled Substances Act. However, in recent years, there has been a growing movement to decriminalize and legalize psilocybin mushrooms, also known as psychedelic mushrooms, for therapeutic and medicinal purposes. As of 2025, more than a dozen cities nationwide have deprioritized or decriminalized psilocybin, and states like Oregon and Colorado have implemented state-regulated programs. In 2024, Maine lawmakers approved a bill to study the use of psilocybin, but funding is needed to move forward with the research. So, are mushrooms decriminalized in Maine?
| Characteristics | Values |
|---|---|
| Status of decriminalization of mushrooms in Maine | Psilocybin, the active alkaloid in magic mushrooms, is illegal in Maine. However, there are ongoing efforts to decriminalize it. |
| Bills related to decriminalization | - Maine Psilocybin Services Act: Introduced by Senator Donna Bailey in April 2021, the bill would legalize psilocybin for adults 21 or older without requiring a medical diagnosis or prescription. |
- Bill LD 967: Sought to decriminalize all drugs, making possession a civil violation with a fine of up to $100 and no jail time. | | Medical use | There is ongoing research on the therapeutic potential of psilocybin-assisted therapy for conditions like depression, anxiety, and substance use disorders. | | Legal status of spores | Magic mushroom spores are legal to buy and possess in Maine, but it is illegal to grow them into mushrooms. | | Penalties for possession and use | Possession and use of psilocybin are considered Class D crimes in Maine, punishable by up to a year in jail and a fine of up to $2,000. |
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What You'll Learn
- Magic mushrooms are illegal in Maine, but there are efforts to change this
- The Maine Psilocybin Services Act would allow adults 21+ to purchase and consume psilocybin without a prescription
- The bill to decriminalize all drugs in Maine died between houses in July
- Psilocybin-assisted therapy has shown promise in treating severe depression and anxiety
- In 2023, Portland, Maine's City Council voted to deprioritize enforcing laws against psychedelic plants and fungi
Magic mushrooms are illegal in Maine, but there are efforts to change this
Magic mushrooms, or psychedelic mushrooms, are currently illegal in Maine. The state's laws are similar to those in most other states. Psilocybin, the active alkaloid in magic mushrooms, is illegal to possess and use, with offenders facing up to a year in jail and a $2,000 fine.
However, there are ongoing efforts to change this. Maine has considered decriminalizing drugs and legalizing magic mushrooms, with several bills being proposed to achieve this. One such bill, LD 967, sought to decriminalize all drugs, making possession a civil violation with a maximum fine of $100 and no jail time. While this particular bill did not pass, other attempts are being made.
In 2021, Senator Donna Bailey introduced the Maine Psilocybin Services Act, which, if passed, would legalize psilocybin for adults 21 or older. This bill is similar to the psilocybin measures in Oregon, the first state to legalize psilocybin. The Maine bill has a unique distinction in that it doesn't require a medical diagnosis or prescription, only that the purchaser is 21 or older.
In addition to legislative efforts, there is also a growing body of research supporting the therapeutic potential of psilocybin-assisted therapy in treating conditions such as depression, anxiety, and substance use disorders. Early studies have shown promising results, with psilocybin designated as a breakthrough treatment for drug-resistant depression and major depressive disorder by the U.S. Food and Drug Administration.
In 2024, Maine lawmakers approved a bill to study magic mushrooms and their potential benefits, although funding is still needed to move forward with the research. This bill was modeled on laws in states like Colorado and Oregon, where psilocybin has been legalized.
While magic mushrooms remain illegal in Maine as of 2025, the pressure to decriminalize is gaining momentum, with policy reform inching closer in the state.
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The Maine Psilocybin Services Act would allow adults 21+ to purchase and consume psilocybin without a prescription
The use of psilocybin, the active compound in "magic mushrooms", is currently illegal in the state of Maine. However, there is growing pressure to decriminalize the substance, with some lawmakers and activists pushing for reform.
In April 2021, Senator Donna Bailey introduced the Maine Psilocybin Services Act, which, if passed, would effectively legalize psilocybin for adults aged 21 and older. This would make Maine the second state to legalize psilocybin, after Oregon. The bill is specifically modelled on the psilocybin measures in Oregon, aiming to be as consistent as possible with the laws in that state.
The Maine Psilocybin Services Act has a unique distinction in that it does not require a medical diagnosis or prescription to purchase psilocybin. Instead, the only requirement is that the purchaser is at least 21 years old. Purchasers would, however, need to consume psilocybin under the supervision of licensed psilocybin service providers. The bill also appears to be worded to allow for a variety of psilocybin products, including whole mushrooms or psilocybin pills.
The movement to decriminalize psilocybin in Maine is driven in part by the growing acceptance of psilocybin-assisted therapy for treating conditions such as depression, anxiety, and substance use disorders. Early studies have shown that psilocybin-assisted therapy can be effective in treating severe depression in people who have not responded to traditional medications. However, some have cautioned that psilocybin may not be safe for everyone and that more research is needed before widespread legalization occurs.
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The bill to decriminalize all drugs in Maine died between houses in July
In the United States, psilocybin, the psychedelic drug found in "magic mushrooms", is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse." The drug was banned under the 1970 Controlled Substances Act. However, in recent years, there has been a growing movement to decriminalize psilocybin and other psychedelics at the state and local levels.
In the state of Maine, magic mushrooms are illegal, and possessing and using psilocybin is classified as a Class D crime, which can result in up to a year in jail and a $2,000 fine. However, there have been recent efforts to change these laws. In April 2021, Senator Donna Bailey introduced the Maine Psilocybin Services Act, which, if passed, would legalize psilocybin for adults aged 21 and older. This bill has a unique distinction in that it does not require a medical diagnosis or prescription, only that the purchaser be at least 21 years old.
While the Maine Psilocybin Services Act specifically addresses psilocybin, another bill, LD 967, sought to decriminalize all drugs in the state. This bill, introduced by Representative Anne Perry (D) in April 2021, proposed making the possession of any scheduled drug a civil violation punishable by a maximum fine of $100 and no jail time. The bill also included a provision to waive the fine if the defendant underwent a substance use assessment. On June 18, 2021, the Maine House of Representatives approved LD 967, but it died between houses in July, halting its progress toward becoming law.
The push for decriminalization in Maine is part of a broader conversation about treating substance misuse as a public health issue rather than a criminal justice matter. Advocates argue that criminal penalties create barriers to recovery and negatively impact individuals' access to housing, employment, and other essential needs. While the bill to decriminalize all drugs in Maine did not ultimately succeed, the state continues to consider policy reform, and the momentum for change suggests that further efforts at decriminalization are likely.
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Psilocybin-assisted therapy has shown promise in treating severe depression and anxiety
As of 2023, magic mushrooms are illegal in Maine, and possession and use of psilocybin, the active alkaloid in magic mushrooms, is a Class D crime, punishable by up to a year in jail and a $2,000 fine. However, there have been recent attempts to change the laws, and the state legislature is considering a bill to decriminalize psilocybin.
Psilocybin-assisted therapy has shown promising results in treating severe depression and anxiety. A study by Johns Hopkins Medicine found that psilocybin treatment produced significant decreases in depression, with effects lasting up to a year for most participants. The GRID-Hamilton Depression Rating Scale, a standard depression assessment tool, was used to measure depressive symptoms before and after treatment. The study reported a decrease in scores from 22.8 at pre-treatment to 7.7 at 12 months after treatment, indicating a move from severe depression to no depression.
The researchers emphasized the long-lasting effects of psilocybin treatment, suggesting it may be a uniquely useful new treatment for depression. Compared to standard antidepressants, psilocybin has the potential to relieve depression symptoms with just one or two treatments. The study also reported stable rates of response to treatment and remission of symptoms, with 75% response and 58% remission at the 12-month follow-up.
Psychedelic-assisted psychotherapy is gaining popularity, and research supports the benefits of this approach. While psilocybin is currently federally classified as a Schedule I controlled substance in the United States, indicating no accepted medical use, the potential therapeutic benefits of psilocybin are being explored in various states. Oregon and Colorado have led the way in state-regulated programs, and other cities have deprioritized or decriminalized psilocybin enforcement.
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In 2023, Portland, Maine's City Council voted to deprioritize enforcing laws against psychedelic plants and fungi
Indeed, in recent years, several other cities across the United States have also taken steps to decriminalize or deprioritize the enforcement of laws against psychedelics. For example, in 2019, Denver became the first city to decriminalize psilocybin mushrooms, and since then, several California cities, including Oakland, Santa Cruz, and Sacramento, have followed suit. Additionally, in 2021, the cities of Somerville, Cambridge, and Northampton in Massachusetts voted to decriminalize or deprioritize enforcement against entheogenic plants, including psilocybin mushrooms.
The movement towards psychedelic reform is also gaining momentum at the state level. In 2020, Oregon became the first state to legalize psilocybin for adult use, and in 2022, Colorado implemented a similar medical-use and decriminalization measure. More recently, in 2023, lawmakers in eleven states pursued psychedelics reform legislation, and in 2024, New York State introduced a bill that would allow people 18 and older to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors.
In Maine specifically, there have been several efforts to decriminalize or legalize psychedelics. In 2021, Senator Donna Bailey introduced the Maine Psilocybin Services Act, which would legalize psilocybin for adults 21 and older without requiring a medical diagnosis or prescription. Additionally, in 2024, the Maine House and Senate approved legislation to study psilocybin for its potential therapeutic benefits, although funding for this initiative is still needed. While the possession and use of psilocybin are still illegal in Maine, these ongoing efforts indicate a growing desire for reform in the state.
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Frequently asked questions
No, mushrooms are not decriminalized in Maine. However, there is a growing movement to decriminalize psilocybin, or "magic mushrooms".
Psilocybin is currently illegal in Maine and considered a Class D crime, carrying a penalty of up to a year in jail and a $2,000 fine.
Yes, there have been several efforts to decriminalize psilocybin in Maine. In 2021, Senator Donna Bailey introduced the Maine Psilocybin Services Act, which would have legalized psilocybin for adults 21 and older. While this bill did not pass, the Maine House and Senate approved legislation in 2024 to study psilocybin and its potential therapeutic benefits.
Proponents of decriminalization argue that psilocybin-assisted therapy can be an effective treatment for conditions such as depression, anxiety, and substance use disorders. They also point to the acceptance of medical marijuana in Maine as a precedent for legalizing alternative treatments.
Some opponents of decriminalization caution that more research is needed to understand the long-term effects of psilocybin use. They argue that widespread legalization should not occur until clinical trials are completed and potential risks are fully evaluated.
