Laura Smith
The legal status of psilocybin mushrooms, often referred to as magic mushrooms, varies across the United States. While the Drug Abuse Control Amendments of 1965 first subjected psilocybin and psilocin to federal regulation, several cities and states have since decriminalized or legalized the substance. As of 2025, magic mushrooms are legal to purchase, possess, and cultivate in two states: Oregon and Colorado. Other cities that have decriminalized psilocybin include Denver, Detroit, Washington, D.C., and Seattle. However, it is important to note that the commercialization of psilocybin remains illegal, and the United Nations Convention on Psychotropic Substances of 1971, of which the US is a signatory, requires members to prohibit the use of psilocybin except for medical and scientific research under controlled conditions.
| Characteristics | Values |
|---|---|
| Legal status of psilocybin mushrooms in the US | Psilocybin and psilocybin mushrooms are listed as Schedule I drugs under the US Psychotropic Substances Act. |
| UN Convention on Psychotropic Substances | Psilocybin is included in the UN Convention on Psychotropic Substances (1971), which requires members to prohibit the substance. However, mushrooms containing psilocybin were not specifically included. |
| State-level legalisation in the US | Oregon was the first state to decriminalise psilocybin and legalise it for supervised non-medical use in November 2020. Colorado became the second state to decriminalise psilocybin mushrooms in 2022. |
| City-level decriminalisation in the US | Denver, Colorado, became the first city to decriminalise psilocybin mushrooms in May 2019. Other cities that have followed include Detroit, Washington, D.C., Seattle, Ann Arbor, Oakland, and more. |
| Commercial sale | Commercial sale of psilocybin is still illegal in the US. |
| Impact of decriminalisation | There has been a spike in calls to US poison centres, especially among adolescents and young adults, following the decriminalisation of psilocybin mushrooms in several cities and states. |
| Advocacy for decriminalisation | Advocates for decriminalisation cite research suggesting the drug is non-addictive and causes fewer emergency visits compared to other illegal drugs. They also argue that it can redirect law enforcement resources from private psychedelic usage to higher-priority crimes. |
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What You'll Learn
Psilocybin mushrooms are illegal under federal law
Psilocybin mushrooms, colloquially known as 'magic mushrooms', are illegal under federal law in the United States. They are classified as Schedule I drugs under the Controlled Substances Act (CSA), which means they are deemed to have no medicinal benefit and a high potential for abuse and addiction. This classification is based on the United Nations 1971 Convention on Psychotropic Substances, which requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions.
While psilocybin mushrooms are illegal at the federal level, the enforcement of laws regarding their possession, use, and cultivation often falls to state and local authorities, leading to varying degrees of legality across the United States. Some states, such as Oregon and Colorado, have taken steps to decriminalize psilocybin mushrooms and allow their use for medicinal or therapeutic purposes under certain conditions. Other states, like California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores, considering the cultivation of these mushrooms as drug manufacture.
The legal status of psilocybin mushrooms is subject to ongoing debate and reform efforts. Proponents of decriminalization cite research suggesting that psilocybin is non-addictive and causes fewer emergency visits compared to other illegal drugs. Additionally, there is growing interest in the potential therapeutic benefits of psilocybin-assisted therapy for treating conditions like treatment-resistant depression and nicotine dependence. However, opinions on the use of psilocybin-assisted therapy remain divided, and concerns persist about its potential dangerous psychological and physical effects.
It is worth noting that, despite the federal ban, there has been a great deal of ambiguity and selective enforcement regarding the legal status of psilocybin mushrooms in the United States. As public attitudes and evidence regarding the use of psilocybin continue to evolve, legislation is also subject to change, with an increasing number of states pursuing psychedelics reform.
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Some US cities have decriminalised or deprioritised enforcement
In the United States, the possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs, including psilocybin mushrooms, was first regulated by the Drug Abuse Control Amendments of 1965. Psilocybin mushrooms are also listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. However, some US cities have taken steps to decriminalise or deprioritise enforcement of laws related to psilocybin mushrooms.
Denver, Colorado, became the first city in the United States to decriminalise psilocybin mushrooms in May 2019 after a ballot initiative. This means that while psilocybin remains illegal, law enforcement is directed to focus on other crimes. Since then, several other cities have followed suit, including Detroit, Washington, D.C., Seattle, and Ann Arbor, Michigan. In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect in March 2021. This initiative decriminalised psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for the DC police.
The movement to decriminalise psilocybin mushrooms has been influenced by the rapid legalisation of cannabis in the United States. Advocates for decriminalisation cite research suggesting that psilocybin is non-addictive and leads to a low number of emergency visits compared to other illegal drugs. Additionally, psilocybin has been found to have potential beneficial uses in treating treatment-resistant depression and nicotine dependence. Decriminalisation is also argued to allow law enforcement to redirect their attention and resources from policing private psychedelic usage to higher priorities, such as violent crime.
However, it is important to note that the decriminalisation of psilocybin mushrooms has led to a spike in calls to US poison centres, particularly among adolescents and young adults. This suggests that young people may be obtaining and using psilocybin mushrooms despite the legal age restrictions in place. As a result, some have expressed concern about the potential risks associated with the use of these substances, including the possibility of negative psychiatric effects.
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Oregon and Colorado have legalised specific psychedelics
Psilocybin and psilocin were first subjected to federal regulation in the United States by the Drug Abuse Control Amendments of 1965. The law was intended to regulate the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs". Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances.
Despite this, Oregon and Colorado have recently decriminalized psychedelics, including psilocybin, via ballot referendums. On January 1, 2023, Oregon became the first state to legalize the adult use of psilocybin through the Oregon Psilocybin Services Act. The measure allows for the creation of psilocybin service centers where anyone over 21 can consume the mushrooms in a supervised setting with a state-certified facilitator. Oregon's decision has influenced other jurisdictions, including Colorado, which became the second state to decriminalize psilocybin mushrooms in 2022.
The legalization of psychedelics in these states may prompt similar enforcement discretion in states that have already legalized cannabis. However, it is unclear how the federal government will respond to this expanding area of state regulation. While psilocybin remains federally prohibited, the mounting scientific interest in its therapeutic and medicinal potential has reached the highest levels of government. The Food and Drug Administration granted psilocybin "breakthrough therapy" status for major depressive disorder in 2018, paving the way for clinical trials.
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Magic mushrooms are legal in two US states
The use of magic mushrooms, or psilocybin mushrooms, has been a topic of debate in the United States for several years. While the federal law in the United States classifies psilocybin as a Schedule I controlled substance, with high potential for abuse and no medicinal value, some states have taken a different approach. As of 2025, two states, Oregon and Colorado, have legalized the use of psilocybin mushrooms for therapeutic purposes.
In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use. This was followed by a similar measure in Colorado in 2022, which decriminalized the substance and allowed for its medical use. These changes in state law represent a shift in attitudes towards psilocybin, recognizing its potential therapeutic benefits and redirecting law enforcement resources to other priorities.
The legalization of psilocybin in Oregon and Colorado allows for its use in approved treatment centers and under the supervision of licensed professionals. Research into the therapeutic benefits of psilocybin has expanded significantly in recent years, with indications of positive effects in treating mental health conditions such as depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. This growing body of research has contributed to the changing legislation around psilocybin, and several other states are reviewing bills to modify their laws.
While the legalization of psilocybin in Oregon and Colorado represents a significant step forward, it is important to note that the cultivation and sale of psilocybin mushrooms are still considered drug manufacture in most jurisdictions and are subject to severe penalties. Additionally, the possession and use of psilocybin spores, which are used to cultivate the mushrooms, remain illegal in many areas, including California, Georgia, and Idaho. However, with increasing research and changing attitudes, the legal landscape surrounding psilocybin mushrooms in the United States is likely to continue evolving.
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Calls to poison control centres have increased since decriminalisation
Psilocybin, the hallucinogenic compound found in "magic" mushrooms, is illegal at the federal level in the United States. It is classified as a Schedule 1 substance under the Controlled Substances Act, indicating that it has no accepted medical use and a high potential for abuse. Despite this, some states and local municipalities have begun the process of decriminalising the possession and use of psilocybin mushrooms.
Denver, Colorado, became the first city to decriminalise psilocybin in May 2019. Since then, several other cities, including Detroit, Washington, D.C., and Seattle, have followed suit. As of 2025, only two states, Oregon and Colorado, have legalised the purchase, possession, and cultivation of psilocybin mushrooms.
This shift in local policies and the increasing acceptance of mushrooms and psychedelics have led to a growing market for edible products containing mushroom species. However, this trend has also resulted in an increase in calls to poison control centres across the United States. Data from 55 poison centres between 2013 and 2022 revealed a spike in calls involving psilocybin among adolescents and young adults after its decriminalisation in 2019.
The National Poison Data System reported a more than tripled increase in psilocybin-related calls among teenagers aged 13-19, from 152 to 464, and a more than doubled increase among young adults aged 20-25, from 125 to 294, between 2018 and 2022. This trend is particularly concerning because even in jurisdictions where psilocybin has been decriminalised, its use remains banned for individuals under 21.
The increase in calls to poison control centres highlights the potential risks associated with the consumption of psilocybin mushrooms, especially among young people. It underscores the importance of education, responsible use, and further research into the long-term effects of psilocybin on brain development. Additionally, it raises concerns about the transparency and regulation of commercial mushroom products to ensure informed consumer decisions and prevent adverse health consequences.
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Frequently asked questions
Psilocybin mushrooms, also known as magic mushrooms, are illegal under federal law in the United States. However, some states and cities have decriminalized or deprioritized enforcement of their possession and use.
Oregon was the first state to decriminalize psilocybin mushrooms in November 2020. It also legalized the drug for supervised non-medical use. Colorado became the second state to decriminalize psilocybin mushrooms in 2022. As of 2025, it is legal to purchase, possess, and cultivate psilocybin mushrooms in these two states.
Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in May 2019. Since then, several other cities have followed suit, including Detroit, Washington, D.C., Seattle, Oakland, Ann Arbor, and Baltimore.
Advocates for decriminalization cite research suggesting that psilocybin is non-addictive and causes a lower number of emergency visits compared to other illegal drugs. Psilocybin also has potential beneficial uses in treating treatment-resistant depression and nicotine dependence. Decriminalization can also free up law enforcement resources to focus on higher-priority crimes.
