
The legal status of mushrooms, specifically those containing the psychoactive compound psilocybin, is a complex issue in the United States. In Maryland, as of May 2023, psilocybin mushrooms are classified as a Schedule I controlled substance, making their use, possession, sale, or cultivation illegal. However, there is a growing movement to decriminalize or legalize psilocybin mushrooms due to their potential therapeutic benefits. While Maryland has not yet decriminalized psilocybin, lawmakers are considering a task force to study and make recommendations for the legalization and regulation of certain psychedelics. This includes the possibility of statewide online sales and home delivery systems for natural psychedelic substances. As the legislative process evolves, it remains to be seen whether Maryland will join other states in decriminalizing or legalizing the use of psilocybin mushrooms.
| Characteristics | Values |
|---|---|
| Classification | Schedule I controlled substance |
| Use | Illegal |
| Possession | Illegal |
| Sale | Illegal |
| Cultivation | Illegal |
| Legislative Action | Bills introduced to enable medical treatments involving magic mushrooms |
| Therapeutic Benefits | Potential to treat various mental health conditions |
| Decriminalization | Not decriminalized in Maryland, but decriminalized in Washington, D.C. |
| Legal Status | Complex due to ambiguity and selective enforcement in some places |
| Legislative Direction | Task force to study and make recommendations for legalization and regulation |
| Research | Clinical trials and studies suggesting therapeutic benefits |
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What You'll Learn

Magic mushrooms are illegal in Maryland
As of May 2023, magic mushrooms are illegal in Maryland. Psilocybin mushrooms, which contain the psychoactive compound psilocybin, are classified as a Schedule I controlled substance under Maryland's drug policy, which follows regulations from the federal Drug Enforcement Agency (DEA). This classification means that any activity involving psilocybin mushrooms, including their use, possession, sale, or cultivation, is illegal in the state.
However, it is important to note that there is a growing movement in Maryland and across the United States to decriminalize or legalize psilocybin mushrooms, particularly for their potential therapeutic and medicinal benefits. While the use of psilocybin mushrooms is only permitted for research purposes, several bills have been introduced in Maryland to enable medical treatments involving these substances. These bills aim to expand access to psychedelic treatments for military veterans suffering from post-traumatic stress disorder (PTSD), traumatic brain injuries, and other mental health conditions.
In 2022, a bill was passed to create a state fund to provide "cost-free" access to substances like psilocybin, MDMA, and ketamine for veterans. Additionally, in 2024, the Maryland House of Delegates passed a bill to establish a task force to explore the possibility of decriminalizing psychedelic substances and make recommendations for their legal handling. This task force will consider various aspects, including systems for online sales, home delivery, and retail sales of natural psychedelic substances.
While the legislative process is ongoing, it is important to recognize that the neighboring District of Columbia (D.C.) has already decriminalized the possession and cultivation of entheogenic substances, including magic mushrooms. This change allows individuals in D.C. to possess and grow mushrooms for personal use without facing criminal penalties. However, the sale of mushrooms in D.C. remains illegal, and individuals must navigate the legal framework to acquire them safely.
As the conversation around psychedelic reform continues in Maryland and beyond, it remains to be seen whether magic mushrooms will be legalized or decriminalized in the state. The ongoing efforts highlight a shift in perspective towards exploring the therapeutic potential of these substances and addressing the mental health struggles of veterans and individuals with various mental health disorders.
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Psilocybin is a Schedule I substance
As of May 2023, psilocybin mushrooms are classified as a Schedule I substance in Maryland, making their use, possession, sale, or cultivation illegal. Schedule I is the highest federal drug classification, requiring the characteristics of a high potential for abuse and no accepted medical use. This classification is due to the perceived high potential for abuse and the lack of accepted medical use in treatment.
However, it is important to note that there has been a growing movement across the United States to decriminalize or even legalize the use of psilocybin mushrooms, primarily for their potential therapeutic benefits. While the legislative process is ongoing, Maryland lawmakers have shown a willingness to embrace psychedelic policy reform. For instance, in 2022, a bill was passed to create a state fund to provide "cost-free" access to substances like psilocybin for military veterans suffering from post-traumatic stress disorder (PTSD) and traumatic brain injuries.
In addition, the Maryland legislature recently passed Senate Bill 709 (SB0709), which allocates funding towards psychedelic treatment for veterans. This bill was written and passed by a team of primarily conservative politicians, which is significant because, in the past, Republican lawmakers have not supported psychedelic decriminalization. Furthermore, the University of Maryland has sponsored psilocybin research, and there are 54 clinical trials currently underway in the state.
The House of Delegates also recently passed a bill to establish a task force to study and make specific recommendations about the best path forward to legalize and regulate certain psychedelics. This task force would consist of lawmakers, state agency secretaries or designees, and governor-appointed positions, including people with relevant backgrounds. The report is due by July 2025.
While the use of psilocybin mushrooms remains illegal in Maryland, there is a growing momentum for decriminalization and legalization, driven by their potential therapeutic benefits and a desire to improve the safety of the drug market.
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Decriminalization vs. legalization
In Maryland, as of May 2023, psilocybin mushrooms are classified as a Schedule I controlled substance, making their use, possession, sale, or cultivation illegal. However, there is a growing movement to decriminalize or legalize psilocybin mushrooms due to their potential therapeutic benefits. While some cities and states have decriminalized psilocybin, Maryland is yet to do so.
Decriminalization and legalization are two distinct concepts that are often confused. Decriminalization refers to removing criminal sanctions for certain activities, such as possessing drugs for personal use. The substance remains prohibited, but those found in possession are not criminally penalized. Instead, the drug may be seized, and the individual may be redirected to health services. Decriminalization aims to treat drug use as a health and social issue, reducing stigma and increasing the likelihood of individuals seeking help. It can also alleviate strain on the criminal justice system. However, it's important to note that the production and sale of decriminalized drugs remain illegal.
On the other hand, legalization means that the possession and use of a substance are permitted under state or federal law, although regulations may still apply. For instance, age restrictions and limits on the amount possessed may be implemented. Legalization allows for the establishment of a legal, regulated supply chain, with licensed suppliers and quality controls. It removes the risk of criminal penalties altogether, as long as any regulations are adhered to.
In the context of Maryland's consideration of decriminalizing psychedelics, it is worth noting that decriminalization is a step towards treating drug use as a health issue rather than a criminal one. It reduces the negative social outcomes associated with criminal records and allows for a greater focus on harm reduction and treatment. However, legalization, as seen with recreational marijuana in Maryland, provides a more comprehensive framework for access, supply, and regulation.
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Therapeutic use of psilocybin
In the United States, psilocybin and other psychedelic drugs have been heavily criminalized since the 1960s. They are classified as Schedule I substances under the Controlled Substances Act, which means they are considered to have a high potential for abuse and no accepted medical use in treatment. However, there is a growing movement to decriminalize or legalize psilocybin, especially for its potential therapeutic benefits.
The therapeutic use of psilocybin has gained significant interest in recent years, with research and exploration of its therapeutic potential re-emerging. Psilocybin is a naturally occurring psychedelic compound found in 'magic mushrooms' that can penetrate the central nervous system. While the traditional and ancestral use of psychedelic mushrooms dates back generations in Mesoamerica, with civilizations like the Aztec, Maya, Olmec, and Zapotec using them for healing rituals and religious ceremonies, their therapeutic potential is just beginning to be understood by modern science.
Psilocybin has been granted breakthrough therapy status by the US Food and Drug Administration for treatment-resistant depression and major depressive disorder. Research has shown that psilocybin-assisted therapy, combined with supportive psychotherapy, can provide substantial antidepressant effects that may last for at least a year in some patients. It has also been found to help reduce anxiety in cancer patients and facilitate smoking cessation. Additionally, psilocybin has been studied for its potential in treating substance use disorders, with some evidence suggesting it may aid in reducing or abstaining from alcohol and tobacco use.
The safety and efficacy of psilocybin-assisted therapy have been supported by various studies, with no serious adverse effects reported by volunteers. However, it is important to note that psilocybin can cause physical side effects such as nausea, vomiting, muscle weakness, and lack of coordination, as well as psychological effects like hallucinations and an inability to distinguish fiction from reality. Despite the growing body of research, there remains a lack of practical clinical guidance for healthcare professionals on psilocybin-assisted psychotherapy, which is particularly concerning given the medically vulnerable nature of patients who may qualify for this treatment.
In Maryland, several bills have been introduced to enable medical treatments involving psilocybin and expand possibilities for exploring its therapeutic potential. These efforts are part of a broader movement towards psychedelics policy reform, with lawmakers considering the creation of a task force to study and make recommendations for the legalization and regulation of certain psychedelics. The legislative process is ongoing, and it remains to be seen whether Maryland will join other jurisdictions in decriminalizing or legalizing psilocybin for therapeutic use.
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Task force to study psychedelics
In Maryland, as of May 2023, psilocybin mushrooms are classified as a Schedule I controlled substance, making their use, possession, sale, or cultivation illegal. However, there is a growing movement to decriminalize or legalize psilocybin mushrooms due to their potential therapeutic benefits. While some cities and states have decriminalized psilocybin, Maryland is yet to do so.
In this context, Maryland lawmakers are considering establishing a task force to study and make specific recommendations about the path towards legalizing and regulating certain psychedelics. The proposed "Task Force on Responsible Use of Natural Psychedelic Substances" would operate under the state Department of Health. The task force would consist of legislators, state agency secretaries or designees, a representative of the Maryland Cannabis Administration (MCA), and governor-appointed positions, including individuals with relevant expertise.
The task force's responsibilities would include making recommendations on various aspects of psychedelics legalization and regulation. This includes systems for online sales, home delivery, and retail sales of natural psychedelic substances, as well as considerations for taxation and revenue allocation. The task force would also address the agricultural safety standards and testing and packaging requirements for products containing natural psychedelic substances, ensuring clear and accurate labeling of potency.
The establishment of this task force reflects a shift in Maryland's approach to psychedelics policy reform. Previously, the state passed a bill in 2022 to create a state fund to provide cost-free access to substances like psilocybin for military veterans with post-traumatic stress disorder (PTSD) and traumatic brain injuries. Additionally, Maryland has legalized recreational marijuana, indicating a willingness to explore drug policy reforms.
The deadline for the task force's recommendations is July 2025, and it is expected to play a crucial role in shaping the future of psychedelics legalization and regulation in Maryland.
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Frequently asked questions
Yes, as of May 2023, psilocybin mushrooms are illegal in Maryland. They are classified as Schedule I controlled substances, making their use, possession, sale, or cultivation illegal.
Maryland lawmakers are considering creating a task force to study and make recommendations about legalizing and regulating psychedelics. The House of Delegates passed a bill 136-1 to establish a task force to look into the possibility of decriminalizing psychedelic substances.
Legalization of mushrooms can lead to safe usage and mental health benefits. Studies suggest that psychedelics can be used to treat some mental health disorders. Legalization can also help regulate sales and protect the health of users.
Keeping mushrooms illegal can lead to an unregulated market, where drugs are mislabeled and laced, leading to overdoses and severe health problems.
Examples include Oregon, Washington D.C., and California. Oregon has legalized "magic mushrooms" for mental health treatment in supervised settings. Washington D.C. has decriminalized the possession and cultivation of entheogenic substances, including magic mushrooms. California has a pending bill to legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin.

























