Laura Smith
The legality of mushrooms varies worldwide. Psilocybin and psilocin, the active ingredients in magic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. This means they are considered to have no medical use and a high potential for abuse. However, the mushrooms themselves were not included in the convention, and their legality differs by country and even by state. For example, in the US, the commercial sale of psilocybin is illegal, but some states like Oregon, Colorado, and New Mexico have decriminalized or regulated its use. In Canada, activities with magic mushrooms are illegal unless authorized by Health Canada.
| Characteristics | Values |
|---|---|
| Status under the United Nations Convention on Psychotropic Substances, 1971 | Psilocybin and psilocin are listed as Schedule I drugs. |
| Status in the US | Psilocybin and psilocybin mushrooms are Schedule I drugs under federal law. Commercial sale is illegal. More than a dozen cities have decriminalized them. Oregon and Colorado have state-regulated programs. |
| Status in Canada | Psilocybin and psilocybin mushrooms are illegal under the Controlled Drugs and Substances Act (CDSA). In 2023, Alberta became the first province to regulate and allow their use for medicinal purposes. |
| Status in the UK | Psilocybin and psilocybin mushrooms are illegal under the Misuse of Drugs Act 1971. |
| Status in Australia | Psilocybin and psilocybin mushrooms are controlled under the Poisons Standard (October 2015). In February 2023, Australia approved their use in prescription medications for PTSD and treatment-resistant depression. |
| Status in Japan | Psilocybin and psilocybin mushrooms are illegal under the Narcotics and Psychotropics Control Law of 2002. |
| Addictive properties | There is little evidence that people can become physically or psychologically dependent on psilocybin mushrooms. |
| Abuse potential | Psilocybin mushrooms have a significantly lower potential for abuse than other Schedule I drugs. |
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What You'll Learn
Magic mushrooms are illegal in the US and Canada
Magic mushrooms, also known as psilocybin mushrooms, are considered illegal in the US and Canada. Psilocybin and psilocin, the active ingredients in magic mushrooms, are internationally controlled substances under the United Nations Drug Control Conventions. While the 1971 Convention on Psychotropic Substances does not specifically mention the mushrooms, it requires its members to prohibit psilocybin and restrict its use to medical and scientific research.
In the US, magic mushrooms are considered illegal under the Controlled Substances Act. Psilocybin and psilocin were first subjected to federal regulation through the Drug Abuse Control Amendments of 1965, which aimed to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. While the federal government considers them illegal, there are exceptions and ongoing changes at the state level. For instance, in 2020, the District of Columbia passed Initiative 81, allowing the possession and non-profit gifting or distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. Additionally, the Native American ceremonial use of peyote, a psychedelic substance, is protected under federal regulation in at least 28 states.
In Canada, magic mushrooms are illegal under the Controlled Drugs and Substances Act (CDSA). The production, sale, and possession of magic mushrooms are prohibited unless authorized by Health Canada through a licence, exemption, or regulation. Despite the overall illegality, there are some exceptions and ongoing changes. For example, in 2022, the province of Alberta announced it would regulate and permit the use of psilocybin for medicinal purposes in drug-assisted psychotherapy, with the new regulations coming into effect in January 2023.
While magic mushrooms are predominantly illegal in the US and Canada, there is a growing interest in their potential therapeutic benefits. Clinical trials with psilocybin have shown promising results, and there is ongoing research into their medicinal value. As a result, the legal landscape surrounding psychedelics is evolving, with some jurisdictions making exceptions or implementing frameworks for regulated access.
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Some US cities have decriminalised magic mushrooms
In the United States, the legality of mushrooms that contain psilocybin, often referred to as "magic mushrooms" or "shrooms," varies from state to state. While federal law prohibits the possession and use of psilocybin mushrooms, some local jurisdictions have passed laws to decriminalize or deprioritize enforcement of laws against this substance.
As of now, a handful of US cities have taken steps to decriminalize magic mushrooms. In May 2019, Denver, Colorado became the first city in the United States to decriminalize psilocybin mushrooms. The ordinance passed by Denver voters removed local penalties for personal use and possession of psilocybin by individuals over the age of 21. Following Denver's lead, a number of other cities have also made moves towards decriminalization. In June 2020, Oakland, California passed a resolution to decriminalize plant and fungi medicines, including psilocybin mushrooms. Similarly, in September 2020, Santa Cruz, California decriminalized natural psychedelics, including psilocybin.
Other cities that have joined the movement include Ann Arbor, Michigan, which in September 2020 passed a resolution expressing support for the decriminalization of entheogenic plants and fungi, and directing police to treat enforcement of laws against these substances as a low priority. In November 2020, Washington DC voters approved Initiative 81, which calls for police to treat the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi as among the lowest law enforcement priorities. More recently, in April 2022, Seattle, Washington passed a resolution to decriminalize non-commercial cultivation and sharing of psilocybin mushrooms, as well as other entheogenic substances.
It's important to note that these decriminalization efforts do not legalize psilocybin mushrooms. Instead, they typically remove or reduce local penalties for possession and personal use, and in some cases, direct law enforcement to treat enforcement of laws against these substances as a low priority. The actual implementation and impact of these policies can vary, and possession and use of psilocybin mushrooms remain illegal under federal law. Nonetheless, these local reforms represent a shift in how some communities are approaching the issue of psychedelic substances, recognizing their potential therapeutic benefits and advocating for a more nuanced approach to drug policy.
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Magic mushrooms are classified as a Schedule I drug
The active ingredient in magic mushrooms, psilocybin, is currently classified as a Schedule I drug in the United States. Schedule I drugs are defined as drugs with a high potential for abuse and no recognised medical use. Psilocybin mushrooms, however, have a long history of medicinal and religious use in various cultures and are considered to have a significantly lower potential for abuse and harm than other Schedule I drugs.
The classification of psilocybin as a Schedule I drug means that it is highly regulated and typically illegal to possess, manufacture, or distribute. In the United States, the federal regulation of psilocybin began with the Drug Abuse Control Amendments of 1965, which were intended to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. Today, the possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties.
Despite the Schedule I classification, there have been recent moves towards reclassifying psilocybin. In 2018, researchers from Johns Hopkins University published a study suggesting that psilocybin should be reclassified as a Schedule IV drug, similar to prescription sleep aids, due to its low potential for abuse and harm. The study found that both animal and human studies showed low rates of compulsive abuse, with users typically reporting only a few lifetime uses. Additionally, psilocybin has the lowest potential for lethal overdose as there is no known overdose level.
In recent years, there have been some shifts in the legal status of psilocybin mushrooms. In 2020, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act, which allows for the possession and non-profit distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalise psilocybin mushrooms, and in 2023, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes. These changes reflect a growing recognition of the potential therapeutic benefits of psilocybin, particularly in the treatment of existential anxiety in people with life-threatening illnesses, such as cancer.
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Magic mushrooms are non-addictive and non-toxic
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and "no recognised medical use". However, psilocybin mushrooms have been used for medicinal and religious purposes in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
Psilocybin mushrooms, also known as "magic mushrooms", are not considered to be addictive in the same way as commonly abused substances like opioids or stimulants. While regular users may continue seeking the pleasurable feelings associated with their use, leading to problematic and compulsive patterns of use, this does not equate to physiological dependence. In fact, there is a low risk of addiction, and no associated withdrawal symptoms. Research also suggests that psilocybin does not typically lead to addiction.
Magic mushrooms are also considered to be non-toxic. Psilocybin has a low level of toxicity, meaning there is a low potential for causing fatal events like breathing problems or a heart attack. However, there are health risks associated with taking psilocybin, particularly in unsupervised settings outside of clinical supervision. These risks include impaired judgment and coordination, which can increase the likelihood of accidents and injuries.
It is important to note that the effects of magic mushrooms can vary, and some individuals may experience extreme fear, anxiety, panic, or paranoia, known as a "bad trip". Additionally, there is a risk of misidentifying mushrooms and accidentally consuming a toxic variety. Amanita muscaria, for example, can be toxic, and its psychoactive components can affect people differently than psilocybin.
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Magic mushrooms are used in medical treatment
The legal status of psilocybin mushrooms, or magic mushrooms, varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, defined as drugs with a high potential for abuse and no recognised medical use. However, magic mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
Magic mushrooms have been used in the treatment of depression, with researchers claiming that they have many potential benefits. Psilocybin therapy has been given a "breakthrough therapy" designation by the FDA for the treatment of depression. The Usona Institute, a psychedelic research centre, is currently in the planning stages of its phase III trial. According to Matthew Johnson, PhD, associate professor of psychiatry and behavioural sciences at Johns Hopkins University School of Medicine, psilocybin also has the potential to treat other substance use disorders, including alcohol and cocaine addiction.
In a clinical setting, a predetermined and controlled dose of psilocybin is given to the patient under the supervision of a medical professional. Because the patient is in a therapeutic space and the dose is known, it is unlikely that there will be an adverse reaction. When taking magic mushrooms recreationally, it can be hard to know how strong the dose is and whether there are other contaminants in the environment.
In November 2020, the District of Columbia passed Initiative 81, which came into effect on 15 March 2021. This bill allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. On 5 October 2022, the Canadian province of Alberta announced it would be among the first to regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. In 2022, Colorado became the second US state to decriminalise psilocybin mushrooms. On 5 February 2023, Australia approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression.
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Frequently asked questions
Psilocybin and psilocin, the active ingredients in magic mushrooms, are classified as Schedule I drugs under the 1970 Controlled Substances Act. This means that the use, sale, and possession of these substances are illegal under federal law. However, some states and cities have passed legislation to decriminalize or deprioritize enforcement of laws against psilocybin, including Oregon, Colorado, and Denver.
In Canada, magic mushrooms are controlled under the Controlled Drugs and Substances Act (CDSA). Under the CDSA, activities with magic mushrooms, psilocybin, and psilocin, such as sale, possession, and production, are illegal unless authorized by Health Canada.
In the UK, magic mushrooms are regulated by the Misuse of Drugs Act 1971. This law makes it illegal to possess, sell, or distribute magic mushrooms, psilocybin, and psilocin.
Yes, there are risks associated with consuming magic mushrooms. Magic mushrooms can cause hallucinations and distort your sense of reality. They may also have unknown or dangerous ingredients, especially when purchased from illegal sources. There have also been reports of serious harm, such as septic shock and multi-system organ failure, associated with intravenous injection of mushrooms.
