Sarah Brown
The legality of mushrooms varies depending on the jurisdiction. Psilocybin and psilocin, the key psychoactive ingredients in psychedelic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances and the US Controlled Substances Act. This means that the use, sale, and possession of these substances are illegal under federal law in the United States. However, some US states such as Oregon, Colorado, and the District of Columbia have decriminalized psilocybin and legalized its supervised use. Additionally, the Drug Enforcement Administration (DEA) has clarified that mushroom spores are not federally prohibited as long as they do not contain psilocybin or psilocin. The regulatory requirements for mushroom edibles are also unclear, as the FDA has not specified whether they should be regulated as dietary supplements, foods, or drugs.
| Characteristics | Values |
|---|---|
| Psilocybin and psilocin classification | Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances |
| Psilocybin and psilocin status in the US | Federally classified as Schedule I controlled substances |
| Magic mushroom spores status in the US | Not federally prohibited, but banned in California, Georgia, and Idaho |
| Magic mushroom status in Oregon | Decriminalized and legalized for supervised non-medical use |
| Magic mushroom status in Colorado | Decriminalized and legalized for medical use |
| Magic mushroom status in the District of Columbia | Decriminalized |
| Magic mushroom status in Ann Arbor, Michigan | Decriminalized |
| Magic mushroom status in Denver, Colorado | Decriminalized |
| Magic mushroom status in New Mexico | Not considered "manufacturing of a controlled substance" under state law if grown for personal use |
| Magic mushroom status in California | Possession and use of small amounts decriminalized for adults 21 and above |
| Status of mushroom edibles | Regulatory requirements are unclear; the FDA has not specified whether they should be regulated as dietary supplements, foods, or drugs |
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What You'll Learn
- Psilocybin and psilocin are Schedule I drugs, meaning they are federally illegal
- Psychedelic mushroom spores are federally legal, but only if they don't contain psilocybin or psilocin
- The use, sale, and possession of psilocybin are federally illegal, but some cities have decriminalized it
- Psilocybin mushrooms are not regulated by UN treaties, but many countries prohibit them
- The FDA has not specified whether mushroom edibles are regulated as supplements, foods, or drugs
Psilocybin and psilocin are Schedule I drugs, meaning they are federally illegal
On 27 October 1970, both compounds became classified as Schedule I drugs under the Controlled Substances Act (CSA), which is part of the Comprehensive Drug Abuse Prevention and Control Act. Schedule I drugs are illicit substances that are claimed to have no known therapeutic benefit. Psilocybin and psilocin are also listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which requires its members to prohibit the substances.
While the spores that produce psychedelic mushrooms are not federally prohibited, if they are used to cultivate mushrooms containing psilocybin or psilocin, they are then considered controlled substances. The legal status of unauthorised actions with psilocybin mushrooms varies worldwide, and several US states have specific laws regarding the possession and sale of psilocybin mushroom spores. Despite federal illegality, some US cities and states have moved towards decriminalising psilocybin mushrooms, and researchers have suggested that the drug should be reclassified if it clears phase III clinical trials.
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Psychedelic mushroom spores are federally legal, but only if they don't contain psilocybin or psilocin
The legality of psychedelic mushrooms and their spores has long been debated and misunderstood. In the United States, the Drug Abuse Control Amendments of 1965 first subjected psilocybin and psilocin to federal regulation. In 1970, both substances were classified as Schedule I drugs, considered to have "no accepted medical use and a high potential for abuse."
Despite the federal law, the use, sale, and possession of psilocybin mushrooms have been decriminalized in some states and cities, including Oregon, Colorado, and Denver. In these decriminalized contexts, psilocybin remains federally illegal.
Psychedelic mushroom spores, on the other hand, have a unique legal status. The Drug Enforcement Administration (DEA) has confirmed that these spores are federally legal prior to germination, as long as they are not used to produce mushrooms containing psilocybin or psilocin. This is because the spores themselves do not contain these psychoactive compounds, and the Controlled Substances Act (CSA) does not explicitly ban them.
However, it is important to note that some states, including California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores. In these jurisdictions, the spores are considered items used in drug manufacture, and their possession and sale are illegal. Therefore, while psychedelic mushroom spores may be federally legal under certain conditions, their legality varies across different states and jurisdictions.
Furthermore, the United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin and restrict its use to medical and scientific research. This has influenced the drug laws of many countries, including the US Psychotropic Substances Act of 1978 and the UK Misuse of Drugs Act 1971, which reflect the terms of the convention.
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The use, sale, and possession of psilocybin are federally illegal, but some cities have decriminalized it
Psilocybin, the psychedelic drug produced naturally by psilocybin mushrooms, is federally illegal in the United States. It was first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, and in 1970, it was banned by the Controlled Substances Act. Psilocybin and psilocin are classified as Schedule I drugs, which means they are considered to have "no accepted medical use and a high potential for abuse."
However, some cities and states have decriminalized the use, sale, and possession of psilocybin mushrooms. In 2020, the City Council of Ann Arbor, Michigan, voted to make arrests for practices related to entheogenic plants or plant compounds the city's lowest law enforcement priority. That same year, Oregon became the first state to decriminalize psilocybin and legalize its supervised non-medical use. In 2022, Colorado followed suit, decriminalizing psilocybin for medical use. More than a dozen cities nationwide have also decriminalized or deprioritized psilocybin in the past five years.
While the cultivation of psilocybin mushrooms is often considered drug manufacture and severely penalized, there are some exceptions. In 2005, New Mexico 's Court of Appeals found that growing psilocybin mushrooms for personal use was not considered "manufacturing a controlled substance" under state law. Similarly, the DEA has affirmed that mushroom spores are not federally prohibited if they do not contain psilocybin or psilocin. However, if they are used to produce mushrooms containing these substances, they would be considered controlled substances.
The push for decriminalization is supported by research suggesting that psilocybin is non-addictive and causes fewer emergency visits compared to other illegal drugs. Additionally, psilocybin has shown potential in treating treatment-resistant depression and nicotine dependence. Decriminalization advocates argue that doing so would allow law enforcement to focus on higher-priority issues affecting the general public.
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Psilocybin mushrooms are not regulated by UN treaties, but many countries prohibit them
Psilocybin mushrooms, also known as "magic mushrooms", are not regulated by UN treaties. However, the 1971 United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin, the drug found in these mushrooms. The convention also requires parties to restrict the use of the drug to medical and scientific research under strictly controlled conditions. While the mushrooms themselves were not specifically included in the convention, most national drug laws have been amended to reflect the terms of the convention. As a result, many countries have some level of regulation or prohibition of psilocybin mushrooms.
In the United States, for example, the federal law that specifically banned psilocybin and psilocin was enacted on 24 October 1968. Psilocybin and psilocin are classified as Schedule I drugs under the Controlled Substances Act, which means they are considered to have a high potential for abuse and no accepted medical use. However, there has been a growing movement towards decriminalization and legalization of psilocybin mushrooms in the US in recent years. Cities like Denver, Ann Arbor, and Oakland have taken steps to decriminalize psilocybin, making arrests and prosecutions for possession or use of the drug a low priority for law enforcement. States like Oregon, Colorado, and New Mexico have also passed legislation to decriminalize and regulate the use of psilocybin mushrooms for therapeutic or medical purposes.
In other countries, the legal status of psilocybin mushrooms varies. For instance, in Canada, magic mushrooms are classified as Schedule III, which means penalties for possession and use are lower. Additionally, certain research and trials are granted exceptions, and a fast-track process for end-of-life psilocybin therapy is available through a Canadian charity called TheraPsil. In the United Kingdom, the Misuse of Drugs Act 1971 reflects the terms of the UN convention, prohibiting the possession and use of psilocybin mushrooms. Similarly, the Australian Poisons Standard, implemented in October 2015, aligns with the UN convention, and psilocybin mushrooms are outlawed in the country. However, in 2023, Australia approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression.
While the legal status of psilocybin mushrooms varies internationally, it is important to note that the possession, use, and sale of these mushrooms are still prohibited in many countries and can carry severe legal penalties. Despite the potential medicinal and therapeutic benefits of psilocybin, it remains a controlled substance in most jurisdictions.
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The FDA has not specified whether mushroom edibles are regulated as supplements, foods, or drugs
The legality of mushroom edibles is a complex issue that varies across different jurisdictions. Psilocybin mushrooms, often referred to as "magic mushrooms," have been used for medicinal and religious purposes in various cultures throughout history. While some countries and US states have made strides toward decriminalization and regulated use, the federal law in the United States classifies psilocybin and psilocin as Schedule I drugs, indicating that they have "no accepted medical use and a high potential for abuse."
The regulatory landscape surrounding mushroom edibles is further complicated by the fact that the US Food and Drug Administration (FDA) has not provided clear guidance on how these products should be classified. "Mushroom edibles" is not a defined term in the Federal Food, Drug, and Cosmetic Act, according to an FDA spokesperson. The classification of these products depends on various factors, including their ingredients and marketing claims. If a product's label makes therapeutic claims, for example, it may be considered a drug or dietary supplement rather than a food item.
The lack of clear regulatory frameworks has resulted in challenges for both consumers and regulatory authorities. Consumers face uncertainty about the safety and legality of mushroom edible products, as brands may skirt regulations by operating in grey areas. Meanwhile, regulatory agencies like the FDA are tasked with addressing the proliferation of these products, some of which have been linked to adverse health effects, including seizures, blackouts, heart problems, and nausea.
In response to the growing popularity of mushroom edibles, the FDA has taken action against specific mushrooms used in these products, such as Amanita muscaria, commonly known as "fly agaric." The FDA has warned food manufacturers that this mushroom and its compounds are not authorized for use in food due to safety concerns. However, the FDA's approach to regulating mushroom edibles remains largely reactive, addressing issues as they arise rather than implementing proactive measures to oversee this evolving market.
The regulatory ambiguity surrounding mushroom edibles underscores the need for clear and comprehensive legislation. As public demand for these products continues to grow, the lack of standardized regulations across the United States creates a patchwork of varying legal statuses, hindering consistent oversight and enforcement. While some jurisdictions have taken steps toward decriminalization and regulated use, such as Oregon and Colorado, the absence of federal guidance from the FDA contributes to a complex and often confusing landscape for both consumers and regulatory agencies alike.
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Frequently asked questions
Psilocybin mushrooms, commonly known as "magic mushrooms", are federally illegal in the US. However, some states have passed laws to decriminalize or regulate their use, such as Oregon and Colorado.
Mushroom spores do not fall under federal regulation as long as they do not contain controlled substances such as psilocybin or psilocin. However, some states such as California, Georgia, and Idaho prohibit the sale and possession of spores.
Psilocybin and psilocin are listed as Schedule I drugs per the United Nations 1971 Convention on Psychotropic Substances. The convention requires members to prohibit psilocybin and restrict its use to medical and scientific research.
There have been increasing efforts to decriminalize psilocybin mushrooms at the state and city levels. For example, in 2020, Ann Arbor, Michigan, voted to make the enforcement of laws against psilocybin the city's lowest priority. Additionally, lawmakers in eleven states pursued psychedelics reform legislation in 2023.
Advocates for decriminalization argue that psilocybin is non-addictive and causes fewer emergency visits compared to other illegal drugs. Additionally, research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence. Decriminalization would also allow law enforcement to focus on higher-priority issues.
