John Miller
In November 2020, Oregon became the first US state to decriminalize psilocybin, the compound found in psychedelic or magic mushrooms. This came about through two ballot measures: Measure 109, which legalized psilocybin for supervised non-medical use, and Measure 110, which decriminalized small amounts of most recreational drugs, including psilocybin. While this marked a significant shift in drug policy and a potential turning point in the War on Drugs, the future of psilocybin decriminalization in Oregon is uncertain, as a growing number of Oregon cities have since moved to ban the substance.
| Characteristics | Values |
|---|---|
| State | Oregon |
| Date of decriminalization | November 2020 |
| Name of Measure | Measure 109, Measure 110 |
| Type of drug decriminalized | Psilocybin, "magic mushrooms" |
| Purpose of decriminalization | Therapeutic, medical, and non-medical use |
| Current status | Many cities in Oregon have banned the substance |
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What You'll Learn
- Oregon was the first US state to decriminalize psilocybin mushrooms
- The therapeutic use of psilocybin is now legal in Oregon
- Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
- Oregon's Measure 110 decriminalized small amounts of recreational drugs
- Psilocybin busts have increased in Oregon since decriminalization
Oregon was the first US state to decriminalize psilocybin mushrooms
In November 2020, Oregon became the first US state to decriminalize psilocybin mushrooms and legalize them for supervised non-medical use. This came about after the Ballot Measure 109 passed, with the support of organizations like the Drug Policy Alliance and Dr. Bronner's Magic Soaps. Measure 109 allows Oregonians legal access to therapy with psilocybin, which has been used for centuries in traditional cultures and is gaining interest in the modern medical community.
Measure 110, which also passed in 2020, decriminalized small amounts of most recreational drugs, including psilocybin. This measure was modeled after drug decriminalization in Portugal, which reduced the incidences and severity of drug overdoses when coupled with increased access to counseling and treatment. While these measures were a significant step forward in the War on Drugs, they did not eliminate criminal penalties for drug possession, and selling small amounts of drugs remains illegal in Oregon.
The Oregon state Health Authority was given two years to decide how psilocybin mushrooms would be grown and processed, as well as how the state would license therapy centers and therapists providing mushroom-assisted treatment. However, there is still ambiguity about the legal status of psilocybin mushrooms, and a growing number of Oregon cities have since banned the substance. As of 2025, decriminalization efforts in the US have not included synthetic psychedelics such as LSD and MDMA.
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The therapeutic use of psilocybin is now legal in Oregon
In 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use. This came about after the Ballot Measure 109 passed with voter support in November of that year. The measure was carefully designed to give Oregonians legal access to a therapy with incredible potential. Psilocybin is the compound found in psychedelic mushrooms, commonly known as "magic mushrooms".
The Oregon State Health Authority was then given two years to decide how psilocybin mushrooms would be grown and processed, as well as how the state would license therapy centers and therapists providing mushroom-assisted treatment. The first treatments at service centers began in mid-2023. However, licensed growers are not permitted to retail the mushrooms and can only sell them to licensed service centers.
While Oregon was the first state to legalize psilocybin for therapeutic use, it is not the only place to have done so. In 2021, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act, decriminalizing psilocybin drugs and making arrests for their possession or use a low priority for police. In 2022, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. Australia followed suit in 2023, approving the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression.
Despite the legalization of psilocybin in Oregon, there has been some pushback. In 2024, a growing number of Oregon cities voted to ban the substance, and law enforcement recorded an increasing number of psilocybin mushroom seizures in the state. Additionally, there are still criminal penalties for possessing even small amounts of drugs, and selling drugs remains illegal.
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Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
While psilocybin is a Schedule I drug under the UN Convention, it is important to note that the treaty only controls the drug itself and not the plants from which it is derived. In other words, Psilocybe mushrooms are not included in Schedule I, only the active principle, psilocybin, is. This distinction is made because the plants themselves are considered naturally occurring substances, and their cultivation is not controlled by the Vienna Convention.
The UN Convention on Psychotropic Substances allows for broader, but limited and restricted, medical use of Schedule I substances compared to the US Act, which restricts medical use to research studies. This means that while psilocybin is a Schedule I drug under the Convention, it can be used for medical purposes under certain circumstances.
In the United States, the possession, use, and sale of psilocybin are illegal under federal law. However, in recent years, there has been a growing movement to decriminalize psilocybin, particularly at the state level. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use after Ballot Measure 109 passed. This was followed by similar measures in other cities and states, including the District of Columbia, Washtenaw County in Michigan, Somerville in Massachusetts, and Colorado.
While the decriminalization of psilocybin in Oregon was a significant step, it is important to note that it does not mean that the substance is legal for recreational use. Instead, it means that law enforcement will prioritize other crimes over the possession or use of small amounts of psilocybin for personal use.
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Oregon's Measure 110 decriminalized small amounts of recreational drugs
Oregon has been at the forefront of decriminalizing psilocybin, the compound found in psychedelic mushrooms. In 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for supervised non-medical use after the Ballot Measure 109 passed. Measure 109 was described as a "thoughtfully designed initiative" to give legal access to a therapy with "incredible potential".
However, the focus of this answer is on Oregon's Measure 110, which is also significant. Measure 110, the Drug Decriminalization and Addiction Treatment Initiative, was approved by Oregon voters in 2020. This measure decriminalized the possession of small amounts of drugs for personal use, including heroin, methamphetamine, cocaine, and various opioids. Instead of incarceration and criminal charges, those found in possession of small amounts of drugs receive a ticket and a referral to treatment services.
Measure 110 is modeled after drug decriminalization in Portugal, which was found to reduce the incidences and severity of drug overdoses when coupled with increased access to counseling and treatment. The executive director of the Drug Policy Alliance, Kassandra Frederique, hailed the passing of Measure 110 as a "landmark declaration that the time has come to stop criminalizing people for drug use".
While there has been some pushback, with legislators expressing concern about an increase in homelessness and public drug use, there is no evidence that Measure 110 has led to an increase in crime, overdoses, or drug use. Early indicators suggest that the law is achieving its goals of reducing arrests and increasing access to care.
It is important to note that the decriminalization of psilocybin in Oregon has faced some setbacks. While the state initially legalized the therapeutic use of psilocybin in 2020, by 2024, a growing number of Oregon cities had banned the substance.
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Psilocybin busts have increased in Oregon since decriminalization
In 2020, Oregon became the first state in the US to decriminalize psilocybin and legalize it for supervised non-medical use. This was a result of the Ballot Measure 109, also known as Initiative 81, which was passed with 55.8% of voters in favor. The measure also decriminalized small amounts of most recreational drugs, including psilocybin. However, in 2024, much of the measure decriminalizing psilocybin was repealed, effectively recriminalizing the substance. Despite this, Oregon has paved the way for other states to follow suit in legalizing psilocybin for medical purposes and removing laws banning drug possession.
Since the decriminalization of psilocybin in Oregon, there has been an increase in psilocybin mushroom busts, according to a study published in the journal Drug and Alcohol Dependence. The study examined over 4,500 seizures of psilocybin between 2017 and 2022, with annual seizures increasing from 402 in 2017 to 1,396 in 2022. The western region of the US, which includes Oregon, has seen the highest weight of psilocybin seizures. This increase in seizures may be due to a variety of factors, including the growing public interest in psychedelic drugs, the roll-back of criminal penalties associated with psilocybin, and the underground nature of the psilocybin market.
The increase in psilocybin mushroom busts in Oregon may also be due to the fact that licensed growers of psilocybin mushrooms are not allowed to retail the mushrooms directly to consumers. Instead, they can only sell to licensed service centers. This may lead to a higher risk of illegal sales and distribution, resulting in more busts. Additionally, the decriminalization of psilocybin may not have led to a complete step back by law enforcement, and officers may still actively target sellers and large-scale operations.
While the decriminalization of psilocybin in Oregon has had some positive effects, such as reducing the racial disparities in policing, the increase in mushroom busts highlights the ongoing challenges in regulating this substance. As the movement to decriminalize psilocybin continues to gain momentum across the US, with more than three dozen psychedelics-related bills introduced across over a dozen states in 2025, it is important to consider the complexities and potential consequences of these policy changes.
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Frequently asked questions
Yes, in November 2020, Oregon became the first U.S. state to decriminalize psilocybin or "magic mushrooms".
Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms. It is often referred to as a Schedule I drug, which means it has "no accepted medical use and a high potential for abuse". However, it has been used medicinally and religiously by dozens of cultures throughout history.
In February 2019, two grassroots movements in Oregon pushed for the decriminalization of psilocybin. On May 26, 2020, Oregon state initiatives to legalize the supervised adult use of psilocybin (Measure 109) and decriminalize it (Measure 110) were approved to appear on the ballot in November. On November 3, 2020, voters in Oregon passed both measures.
