Laura Smith
Magic mushrooms, or mushrooms containing psilocybin, are illegal in California. However, there is a growing movement to decriminalize psilocybin in the state, and some cities like Oakland and Santa Cruz have already decriminalized the use and possession of psychedelics. Senate Bill 58, which aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, is currently being considered by the California State Legislature. While the bill has been approved by the state Senate, it still needs to pass through the state Assembly. If passed, California would join other states like Oregon and Colorado in legalizing or decriminalizing magic mushrooms for therapeutic use.
| Characteristics | Values |
|---|---|
| Are mushrooms illegal in California? | Yes, magic mushrooms are illegal in California. |
| What are magic mushrooms? | Magic mushrooms are fungi containing the controlled substances psilocybin or psilocin. |
| What is the legal status of psilocybin? | Psilocybin is classified as a Schedule I hallucinogenic controlled substance under California's Health and Safety Code 11350. |
| What are the penalties for possession of magic mushrooms in California? | Possession of small amounts of magic mushrooms for personal use is typically charged as a misdemeanor in California, which can result in fines and up to one year in county jail. Possession of larger quantities, especially if packaged for distribution, can lead to felony charges with potential multi-year state prison sentences. |
| Are there any efforts to decriminalize magic mushrooms in California? | There have been efforts to decriminalize magic mushrooms in California, with cities like Oakland, Santa Cruz, and Los Angeles taking steps towards decriminalization. Senate Bill 58, which aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, is currently under consideration in the California State Legislature. |
| What are the potential benefits of magic mushrooms? | Magic mushrooms have gained recognition for their potential therapeutic benefits in treating depression, anxiety, and PTSD. They have also been used in veteran treatment programs in other countries. |
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What You'll Learn
Magic mushrooms are classified as Schedule I drugs
Magic mushrooms, which contain the hallucinogenic compounds psilocybin and psilocin, are classified as Schedule I drugs in California and at the federal level in the United States. Schedule I drugs are considered to have a high potential for abuse, are deemed highly dangerous and addictive, and are believed to have no recognised medical or therapeutic use.
In California, the possession, use, distribution, transportation, and cultivation of magic mushrooms are illegal. Even the possession of small amounts for personal use is typically charged as a misdemeanour, which can carry penalties such as large fines and up to a year in county jail. Possession of larger quantities, especially if packaged for individual sale or distribution, can lead to felony charges and multi-year state prison sentences.
The classification of magic mushrooms as Schedule I drugs has been a subject of debate. While some argue that they have a high potential for abuse and no recognised medical benefits, others, including researchers from Johns Hopkins, suggest that psilocybin has a low potential for abuse and should be reclassified as a Schedule IV drug, similar to prescription sleep aids. They base this on studies showing that psilocybin users typically report using it a few times in their lifetime and that it is the least harmful when compared to other drugs in different surveys and countries.
Despite the ongoing debate, magic mushrooms remain illegal in California, and individuals convicted of drug crimes related to them face various legal penalties and negative consequences, such as the loss of employment or housing difficulties. However, there is a growing movement to decriminalise psilocybin in California, and Senate Bill 58 aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, including psilocybin.
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Possession of small amounts is a misdemeanour
The possession, use, and distribution of magic mushrooms are illegal in California. Psilocybin and psilocin, the active substances in magic mushrooms, are classified as Schedule I hallucinogenic controlled substances under California Health & Safety Code Section 11054, subdivision (d). This means that mushrooms containing psilocybin are considered to have a high potential for abuse and no recognised medical use.
Despite this, there is a growing movement to decriminalise psilocybin in California, and the state is considering softening its stance on drug offences. Cities like Oakland and Santa Cruz have already decriminalised the use and possession of psychedelics, including psilocybin. Senate Bill 58, which aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, is currently making its way through the Legislature. The bill has been approved by the state Senate, and its backers are optimistic about its chances in the Assembly.
In the meantime, possession of small amounts of psilocybin mushrooms is a misdemeanour in California. Misdemeanour charges apply when mushrooms are possessed in small personal use amounts. Potential penalties for misdemeanour possession include large fines and up to one year in county jail. It's important to note that even a misdemeanour charge related to Schedule I mushroom possession can have life-changing negative outcomes.
The distinction between misdemeanour and felony charges primarily depends on the quantity of mushrooms possessed. Possession of larger quantities of mushrooms or evidence of packaging for distribution can result in felony charges. Felony charges carry more severe penalties, including multi-year state prison sentences.
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Possession of larger amounts is a felony
Magic mushrooms, or fungi containing the controlled substances psilocybin or psilocin, are illegal in California. 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 means that all uses of psilocybin mushrooms are illegal within California state lines. Possession of magic mushrooms is usually charged as a misdemeanour for small personal use amounts. However, possession of larger amounts is a felony.
The penalties for possession of psychedelic mushrooms vary depending on the quantity involved. Possession of smaller amounts for personal use often leads to misdemeanour charges, which can include large fines and up to a year in county jail. On the other hand, possession of larger quantities or evidence of packaging for distribution can result in felony charges. These felony charges carry more severe penalties, including multi-year state prison sentences.
While California has a reputation for having more lenient drug crime statutes, possession, use, and distribution of magic mushrooms remain illegal in the state. However, there have been efforts to soften the state's stance on drug offences. For example, Proposition 47 reduced penalties for certain drug-related crimes, and cities like Oakland and Santa Cruz have decriminalised the use and possession of psychedelics, including psilocybin. Additionally, Senate Bill 58 aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances like psilocybin.
Despite these efforts, magic mushrooms are still illegal in California, and possession of larger amounts can lead to felony charges and more severe penalties. It is important to note that the legal landscape is constantly evolving, and there is a growing movement to decriminalise and legalise the use of psilocybin for therapeutic purposes. As public education around the effects and relative risks of psilocybin increases, the hope is that the legal landscape will continue to evolve to reflect the nuances of psilocybin use compared to other narcotics.
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California's statewide prohibition remains in place
Despite growing evidence of the therapeutic benefits of magic mushrooms, California's statewide prohibition remains in place. 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 mushrooms containing psilocybin are illegal within California, and even simple possession for personal use can result in criminal charges. The penalties for possession vary depending on the quantity involved, with misdemeanor charges for smaller amounts and felony charges for larger quantities or evidence of packaging for distribution.
While some cities in California, such as Oakland and Santa Cruz, have decriminalized the use and possession of psychedelics, including psilocybin, there is no blanket statewide decriminalization. Local measures have caused confusion, as people may mistakenly believe that psilocybin products are fully legalized throughout the state. Senate Bill 58, which aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, is currently under consideration in the state legislature. However, previous efforts to legalize or decriminalize magic mushrooms in California have failed.
The legal status of psilocybin mushrooms varies worldwide, and they are prohibited by the United Nations Convention on Psychotropic Substances. While some jurisdictions allow the sale and possession of Psilocybe spores, others ban them due to their use in drug manufacture. California specifically prohibits the sale and possession of psilocybin mushroom spores, and the cultivation of these mushrooms is considered drug manufacture and is often severely penalized.
Despite the prohibition, there is a growing movement to decriminalize psilocybin in California, driven by its potential therapeutic benefits in treating mental health issues such as depression, anxiety, and PTSD. Additionally, California has taken steps toward softening its stance on drug offenses, with efforts like Proposition 47 reducing penalties for certain drug-related crimes. However, until the legal landscape changes, California's laws regarding magic mushrooms remain strict, and those convicted of drug crimes related to magic mushrooms face potential penalties beyond criminal charges, such as job loss and difficulties in finding housing.
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There is a bill to legalise possession, obtaining, giving away or transportation of psilocybin
Magic mushrooms are illegal in California, and possession, use, and distribution are prohibited. Mushrooms containing psilocybin are classified as Schedule I controlled substances, alongside drugs like heroin, LSD, and ecstasy. This means that all uses of psilocybin mushrooms are illegal within California state lines. Even simple possession for personal use can result in criminal charges, ranging from misdemeanour to felony charges depending on the quantity involved.
However, there is a growing movement to decriminalize psilocybin in California, and some local jurisdictions have already taken steps towards this goal. Cities like Oakland, Santa Cruz, and Los Angeles have seen the emergence of illegal dispensaries selling psychedelic mushrooms, and local measures have caused confusion regarding the substance's legality. Despite this, California's statewide prohibition remains in place, and the courts continue to enforce penalties for possession, use, and distribution.
Amidst this backdrop, there is a bill, Senate Bill 58, that aims to legalise the possession, obtaining, giving away, and transportation of psilocybin in California. Sponsored by Sen. Scott Wiener (D-San Francisco), the bill has undergone several revisions since its introduction in February 2021. It initially aimed to decriminalize psychedelics and create a working group to study broader reform. If enacted into law, it would have removed criminal penalties for possessing or sharing a range of psychedelics, including psilocybin mushrooms, for adults 21 and older. It also included provisions for the expungement of prior convictions for offenses related to these substances.
The bill, known as SB519, passed the Senate Public Safety Committee with a 4-1 vote in April 2021. It then underwent further revisions, including removing synthetic substances like LSD and MDMA and adding possession limits for specific substances. In May 2023, the California Senate passed the amended version of the bill with a vote of 21-16, sending it to the state Assembly. The Assembly made significant changes, including narrowing the legislation by removing ibogaine and other synthetic psychedelics and adding possession limits. The amended bill passed the Assembly with a vote of 42-11 and now awaits approval by the Senate before heading to Governor Newsom's office.
Senate Bill 58 represents a shift from the criminalization of drugs towards a health-focused approach. Proponents of the bill argue that it will provide access to promising plant medicines for veterans, first responders, and others struggling with PTSD, depression, and addiction. It also acknowledges the therapeutic benefits of psychedelics and their potential in treating mental health conditions. The bill includes the establishment of a working group to study and recommend regulatory systems for safe and equitable access to these substances. This working group is tasked with providing recommendations by January 1, 2024.
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Frequently asked questions
Yes, magic mushrooms are illegal in California. However, there is a growing movement to decriminalize psilocybin in the state.
Possession of magic mushrooms is usually charged as a misdemeanor in California for small personal use amounts. However, possession can be charged as a felony for larger quantities, especially if there is evidence of intent to distribute.
No, magic mushrooms are not legal federally in the US. However, some states such as Oregon and Colorado have legalized or decriminalized their use. Additionally, some cities in California, such as Oakland and Santa Cruz, have decriminalized the use and possession of psychedelics, including psilocybin.
