Emma Wilson
The legality of mushrooms in the US is a complex issue, with the status of psilocybin mushrooms, also known as magic mushrooms, varying across different states and jurisdictions. While the federal government classifies psilocybin as a Schedule I drug, making it illegal under the Controlled Substances Act, several states and cities have taken steps towards decriminalization or regulated use. Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use in 2020, followed by Colorado in 2022. Other states, like California and New Mexico, have also introduced legislation to decriminalize or establish therapeutic programs for psilocybin use. However, the enforcement of these laws has led to mixed outcomes, with some states experiencing a spike in calls to poison control centers, particularly involving adolescents and young adults. The legal landscape surrounding psilocybin mushrooms in the US is evolving, with growing support for therapeutic and medicinal use, but it remains a controlled substance under federal law.
| Characteristics | Values |
|---|---|
| Legal status of psilocybin mushrooms in the US | Varies across states |
| Federal law | Illegal |
| Federal classification | Schedule I drug |
| Commercial sale | Illegal |
| States where psilocybin is decriminalized | Oregon, Colorado, District of Columbia, California, New Mexico |
| States with specific laws against sale and possession of spores | California, Georgia, Idaho |
| States where cultivation is not considered "manufacturing" | New Mexico |
| Cities that have deprioritized enforcement | Ann Arbor, Oakland, Denver, Washington D.C. |
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What You'll Learn
- Magic mushrooms are illegal in the US under federal law
- Some US states have decriminalised or deprioritised enforcement against magic mushrooms
- The possession and use of magic mushrooms are illegal in the US
- Magic mushrooms are classified as Schedule I drugs in the US
- Some US states have legalised magic mushrooms for therapeutic use
Magic mushrooms are illegal in the US under federal law
Magic mushrooms, or psilocybin mushrooms, are illegal in the US under federal law. Psilocybin is a psychedelic drug produced naturally by magic mushrooms. In the US, it is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse". The drug was first banned under the 1970 Controlled Substances Act, with the substances said to have "a high potential for abuse", "no currently accepted medical use", and "a lack of accepted safety".
Despite the illegality of magic mushrooms at the federal level, there have been moves to decriminalize or deprioritize enforcement of laws prohibiting them in some US states and cities. In 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for supervised non-medical use. Colorado followed with a similar measure in 2022, and in 2025, it became the first state to issue licenses for medical-assisted use of psychedelic mushrooms. More than a dozen cities across the US have also made arrests for possession or use of magic mushrooms the lowest priority for law enforcement.
The push to decriminalize magic mushrooms is driven in part by research suggesting that the drug is non-addictive and causes a low number of emergency visits compared to other illegal drugs. Further research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence. However, it is important to note that the commercial sale of psilocybin is still illegal in the US, and the possession, use, and sale of magic mushrooms remain illegal under federal law.
The legal status of magic mushrooms varies worldwide, and they are not regulated by UN treaties. While they are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, the mushrooms themselves were not specifically included in the convention due to pressure from the Mexican government. Many countries have some level of regulation or prohibition of psilocybin mushrooms, and in some jurisdictions, the spores of these mushrooms are legal to sell and possess as they do not contain psilocybin or psilocin.
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Some US states have decriminalised or deprioritised enforcement against magic mushrooms
The use, sale, and possession of psilocybin in the United States are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". It is federally classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
However, in recent years, there has been a growing movement to decriminalize or deprioritize enforcement against magic mushrooms in some US states and cities. Proponents of decriminalization argue that the drug is non-addictive and causes fewer emergency visits compared to other illegal substances. Research has also indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence. Decriminalization is also said to allow law enforcement to redirect their attention and limited resources to higher-priority issues affecting the general public, such as violent crime.
In May 2019, Denver, Colorado, became the first jurisdiction in the United States to decriminalize psilocybin mushrooms. The measure passed with 50.6% of the vote and directed police to make arrests for possession or use of psilocybin a low priority. Following Denver's lead, several other cities and states have since decriminalized or deprioritized enforcement against magic mushrooms, including Oregon, which became the first state to legalize psilocybin for supervised non-medical use in 2020. However, much of Oregon's measure was repealed in 2024, effectively recriminalizing the substance. In 2022, Colorado became the second state to decriminalize psilocybin mushrooms, and in 2025, it issued the first sets of licenses for medical-assisted use.
Other states, such as California, New York, and Massachusetts, have also explored legislation to decriminalize or regulate psilocybin. However, as of 2023, these efforts have not yet succeeded. It is worth noting that while decriminalization removes or lowers the penalties for possession or use, it does not necessarily make the substance legal to purchase, possess, or cultivate. In addition, the commercial sale of psilocybin remains illegal in the United States.
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The possession and use of magic mushrooms are illegal in the US
However, there has been a growing movement to decriminalize psilocybin mushrooms in recent years. In 2019, Denver, Colorado, became the first city in the US to decriminalize the drug, with other cities and states following suit. In 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use. Colorado became the second state to decriminalize psilocybin in 2022, and in 2025, the state began offering state-regulated psychedelic mushrooms.
Despite these changes, the possession and use of magic mushrooms remain illegal in most of the US. In 2023, lawmakers in eleven states were pursuing psychedelics reform legislation, but only a handful of cities and states have successfully decriminalized or legalized the drug. The commercial sale of psilocybin is still illegal, and cultivation of the mushrooms is considered drug manufacture in most jurisdictions.
The legal status of psilocybin mushrooms is ambiguous in many places, and there has been selective enforcement of the law in some areas. While spores of psilocybin mushrooms are legal to possess in many areas because they do not contain the drug, a few jurisdictions have specifically criminalized their possession. The UN Convention on Psychotropic Substances, of which the US is a signatory, requires members to prohibit psilocybin, but the mushrooms themselves were not included in the convention.
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Magic mushrooms are classified as Schedule I drugs in the US
The use, sale, and possession of psilocybin in the United States are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". In the United States, it is federally classified as a Schedule I controlled substance with “no accepted medical use and a high potential for abuse".
Schedule I drugs are defined as drugs with a high potential for abuse or drugs that have no recognized medical uses. Psilocybin 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.
In an evaluation of the safety and abuse research on the drug in hallucinogenic mushrooms, Johns Hopkins researchers suggest that if it clears phase III clinical trials, psilocybin should be reclassified from a Schedule I drug to a Schedule IV drug, such as prescription sleep aids, but with tighter control. The researchers emphasize that psilocybin is not without risks of harm, which are greater in recreational than medical settings. They recommend that when taken for a clinical reason, it should be administered in a healthcare setting monitored by a trained professional.
While the federal government classifies psilocybin as a Schedule I drug, there is ambiguity and variation in the legal status of psilocybin mushrooms at the state and local levels in the United States. Some jurisdictions have specifically prohibited the sale and possession of psilocybin mushroom spores, while others have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. Additionally, some cities have deprioritized or decriminalized the enforcement of laws related to psilocybin mushrooms in recent years. For example, in 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use, although this was largely repealed in 2024. Colorado followed with a similar measure in 2022, and in 2025, it became the first state to issue licenses for medical-assisted use of psychedelic mushrooms.
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Some US states have legalised magic mushrooms for therapeutic use
The use, sale, and possession of psilocybin, the psychedelic drug produced naturally by "magic mushrooms", are illegal under federal law in the United States. Psilocybin is classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
However, in recent years, there has been a growing movement to decriminalize and legalize magic mushrooms for therapeutic use at the state and local levels. Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use in November 2020. The District of Columbia followed suit in November 2020 with the passage of the Entheogenic Plant and Fungus Policy Act of 2020, which decriminalized psilocybin drugs and made arrests for their possession or use the lowest priority for police. In 2022, Colorado became the second state to decriminalize psilocybin mushrooms and create a state-regulated program for their supervised therapeutic use. Other states, including California, Maine, and New Mexico, have also taken steps toward decriminalization and legalization, with New Mexico establishing a therapeutic psilocybin program in 2025.
Advocates for decriminalization and legalization argue that magic mushrooms have a significantly lower potential for abuse than other Schedule I drugs and that decriminalization would allow law enforcement to focus on higher priorities. They also highlight the potential therapeutic benefits of psilocybin in treating mental health conditions such as depression, anxiety, and PTSD. However, some critics argue that decriminalization efforts are premature and that more research is needed to understand the potential risks and consequences of unrestricted use.
While the trend toward decriminalization and legalization of magic mushrooms for therapeutic use is gaining momentum in some US states, it is important to note that the legal status of psilocybin mushrooms varies across the country, and possession, use, and sale may still be prohibited in many jurisdictions.
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Frequently asked questions
The use, sale, and possession of psilocybin mushrooms, commonly known as "magic mushrooms", is illegal under federal law in the United States. Psilocybin is classified as a Schedule I drug, meaning it has "no accepted medical use and a high potential for abuse". However, there are some states and cities that have decriminalized or deprioritized enforcement of laws against psilocybin.
As of 2025, Oregon and Colorado are the only states to have legalized psilocybin mushrooms for supervised non-medical use. Denver, Colorado, was the first city in the US to decriminalize psilocybin mushrooms in 2019. Other cities that have made similar moves include Ann Arbor, Michigan, Oakland, and Washington, DC.
Psilocybin mushroom spores do not contain psilocybin or psilocin, the drugs that are regulated under federal law. Therefore, spores are legal to possess and sell in many areas of the US, although some states such as California, Georgia, and Idaho have specifically criminalized them.
Psilocybin mushrooms were first regulated at the federal level in 1965 and were banned by the Controlled Substances Act in 1970. They are considered a Schedule I drug under the Controlled Substances Act, which means they are deemed to have no accepted medical use and a high potential for abuse. However, research in recent years has indicated potential beneficial uses of psilocybin in treating treatment-resistant depression and nicotine dependence, and advocates argue that decriminalization would allow law enforcement to focus on higher priorities.
Using psilocybin mushrooms can cause psychosis, hallucinations, delusions, agitation, a rapid heart rate, and confusion. In some cases, these effects may require medical attention, including hospital or psychiatric admissions.
