Emma Wilson
Magic mushrooms, or mushrooms containing the psychedelic drug psilocybin, are illegal in Virginia. While there have been efforts to reduce restrictions on the drug, including a bill to establish an advisory board for the therapeutic use of psilocybin, these have not been successful. The current law in Virginia states that possession of psilocybin is punishable by up to 10 years in prison and a possible $2,500 fine. Despite this, there is growing interest in the potential benefits of psilocybin, with studies suggesting it may have positive effects on mental health disorders such as depression, anxiety, and PTSD.
| Characteristics | Values |
|---|---|
| Status of magic mushrooms | Illegal |
| Key ingredient in magic mushrooms | Psilocybin |
| Effects of magic mushrooms | Hallucinogenic |
| States where magic mushrooms are legal for therapeutic use | Oregon |
| States where magic mushrooms are decriminalized for people 21 and older | Colorado |
| Maximum punishment for possession of magic mushrooms in Virginia | 10 years in prison and a $2,500 fine |
| Bill to establish an advisory board for psilocybin in Virginia | Passed in the State Senate |
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What You'll Learn
- Magic mushrooms are illegal in Virginia
- Possession of psilocybin in Virginia is punishable by up to 10 years in prison and a $2,500 fine
- A bill to establish an advisory board for the therapeutic use of psilocybin passed in the State Senate
- A separate bill to allow doctors to prescribe psilocybin for mental health treatment was blocked
- Other states have taken steps towards legal psilocybin use, including Oregon and Colorado
Magic mushrooms are illegal in Virginia
Magic mushrooms, or mushrooms that contain the psychedelic drug psilocybin, are illegal in Virginia. Possession of psilocybin in Virginia is punishable by up to 10 years in prison and a possible $2,500 fine.
While there have been efforts to loosen restrictions on magic mushrooms in Virginia, these attempts have not been successful. In 2023, a bill that would have reduced penalties for possessing psilocybin and established a Virginia psilocybin advisory board died in the Virginia House. A separate bill that would have allowed doctors to prescribe psilocybin for the treatment of mental health conditions such as anxiety, depression, and post-traumatic stress disorder was blocked by Republican lawmakers.
Despite the failed attempts to legalize or reduce penalties for magic mushrooms in Virginia, there is ongoing discussion and research into the potential therapeutic uses of psilocybin. A 2013 study found that low doses of psilocybin could benefit patients with PTSD, and a 2016 study found that a one-time treatment of psilocybin alleviated stress stemming from anxiety and depression. However, a 2020 study found that increased doses of the drug could aggravate distress caused by mental health conditions.
While the debate around the legalization of magic mushrooms in Virginia continues, it is important to note that the drug is currently illegal in the state and possession can result in significant penalties.
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Possession of psilocybin in Virginia is punishable by up to 10 years in prison and a $2,500 fine
In the United States, psilocybin, the key psychoactive ingredient in "magic mushrooms", is a Schedule I drug under the federal Controlled Substances Act. This means that it is considered to be of no medicinal value and highly addictive. As a result, the drug is illegal at the federal level, and this illegality extends to the state of Virginia.
In Virginia, the possession of psilocybin is punishable by up to 10 years in prison and a possible fine of $2,500. Despite this, there have been efforts to reduce the penalties for possessing the drug and to legalise its use for medical purposes. In 2023, a bill was introduced in the Virginia State Senate to establish an advisory board to study the therapeutic uses of psilocybin. This bill passed in the State Senate but did not advance further in the House.
The aim of the advisory board would have been to develop a plan for "establishing therapeutic access to psilocybin services" and monitor federal laws and regulations. This move towards legalisation was supported by research from various universities, which has shown that psilocybin can impact brain chemistry and help relieve symptoms of mental health disorders such as depression, anxiety, and post-traumatic stress disorder.
However, despite these efforts and the progress of psychedelic drug law reforms in other states, Virginia GOP lawmakers blocked the bill that would have legalised the use of psilocybin for medical purposes. This decision was made due to concerns about the lack of studies on the drug's long-term effects and the complexity of the matter for the legislative session. As a result, the possession of psilocybin in Virginia remains illegal and punishable by up to 10 years in prison and a significant fine.
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A bill to establish an advisory board for the therapeutic use of psilocybin passed in the State Senate
In February 2023, a bill to establish an advisory board to study the therapeutic use of psilocybin, the psychedelic drug naturally found in some mushrooms, passed in the Virginia State Senate. The Senate Bill 932 pushed for the establishment of a "psilocybin advisory board" comprising 12 members, including public health and safety officials, an addiction medicine specialist, a psychologist, a physician specializing in post-traumatic stress disorder (PTSD), a clinical researcher, a mycologist, and others. Governor Glenn Youngkin would be responsible for appointing these members.
The board would be tasked with developing a long-term strategic plan for establishing therapeutic access to psilocybin services and monitoring and studying federal laws, regulations, and policies regarding the substance. The bill also seeks to reclassify psilocybin from Schedule I to Schedule III under state law, which would reduce the penalties for possession. Currently, possession of psilocybin in Virginia is considered a Class 5 felony, punishable by up to 10 years in prison and a fine of up to $2,500. If reclassified, possession would be a Class 1 misdemeanor with a maximum penalty of one year in prison and the same fine.
The passage of this bill in the State Senate is a significant step forward in the effort to reform psychedelics legislation in Virginia. It follows a separate Virginia House of Delegates panel's rejection of a measure to legalize psilocybin for therapeutic use for people with serious conditions who obtain a doctor's recommendation. While the advisory board's establishment does not legalize psilocybin for therapeutic use, it demonstrates a growing recognition of the potential benefits of psychedelics in treating mental health conditions and a willingness to explore alternative approaches to healing and building resilience.
The bill now heads to the Republican-controlled Virginia House of Delegates for a vote. If enacted, it would bring Virginia in line with states like Oregon, which became the first state to legalize the adult use of psilocybin for therapeutic purposes in 2020, and Colorado, which passed a broad psychedelics legalization and psilocybin services measure in the November 2022 election. These reforms are part of a growing trend toward psychedelics reform across the United States, with similar efforts underway in several other states, including Arizona, California, Illinois, and New Jersey.
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A separate bill to allow doctors to prescribe psilocybin for mental health treatment was blocked
In January 2023, Virginia GOP lawmakers blocked a bill that would have legalized the use of 'magic mushrooms' for medical purposes. The bill would have allowed doctors to prescribe psilocybin, a psychedelic drug produced by mushrooms, for the treatment of mental health conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Psilocybin is the psychoactive ingredient that gives "magic mushrooms" their hallucinogenic effects. While some studies have shown that low doses of psilocybin can be beneficial for patients with PTSD and can alleviate stress stemming from anxiety and depression, other studies have found that increased doses can aggravate distress caused by mental health conditions.
The Virginia House panel voted down the bill, with a Republican-led House subcommittee voting 5-2 against it. Virginia Delegate Wren Williams (R) stated that he voted against the bill because more studies are needed on the drug's long-term effects. This decision comes despite the fact that other states, such as Oregon and Colorado, have taken steps towards legalizing the therapeutic use of psilocybin.
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Other states have taken steps towards legal psilocybin use, including Oregon and Colorado
In the United States, psilocybin is classified as a Schedule I controlled substance, indicating that it has "no accepted medical use and a high potential for abuse." Despite this, there is growing scientific research on the therapeutic and medicinal potential of psychedelics, which has led to an increase in legal and political support for their use. This has resulted in several states taking steps towards legal psilocybin use, including Oregon and Colorado.
Oregon was the first state to legalize the supervised use of psilocybin for adults over the age of 21 in government-approved facilities. This came into effect in 2023, after voters passed a ballot measure in 2020 to decriminalize the drug. However, much of the decriminalization measure was repealed in 2024, effectively recriminalizing psilocybin in the state.
Colorado followed Oregon's lead and passed a similar measure in 2022, decriminalizing the use, possession, and sale of psilocybin for those aged 21 and over. The measure also legalized "healing centers" where individuals can buy, consume, and take psychedelics under supervision. These centers are expected to begin operating by the end of 2024. Additionally, in 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms, prohibiting the city from spending resources to prosecute people for their use or possession.
Other states and cities have also made efforts to loosen restrictions on psilocybin. For example, Washington reduced state penalties for personal use and possession of Schedule I substances in 2021 and established a psilocybin work group to study the drug. California has seen mixed progress, with Santa Cruz, Oakland, and Arcata decriminalizing the adult possession and personal use of psilocybin, while a statewide legalization effort failed due to a lack of support. Michigan is also actively working towards decriminalization, with the city of Ann Arbor voting to make the investigation or arrest of anyone for planting, cultivating, or possessing entheogenic plants the city's lowest law enforcement priority.
In Virginia, the use of psilocybin remains illegal, with possession punishable by up to 10 years in prison and a possible $2,500 fine. However, there have been efforts to reduce penalties and authorize studies on its therapeutic uses. In 2023, a bill passed in the State Senate to establish a psilocybin advisory board to explore the drug's potential benefits for mental health disorders. While this bill did not advance further, it indicates a growing interest in the potential benefits of psilocybin and a shift towards exploring legal and therapeutic uses.
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Frequently asked questions
No, magic mushrooms are illegal in Virginia. Possession of psilocybin, the key ingredient in magic mushrooms, is punishable by up to 10 years in prison and a possible $2,500 fine.
In 2023, a bill to establish an advisory board to develop a plan for "establishing therapeutic access to psilocybin services" was not passed by the Virginia House. However, the bill did pass in the State Senate.
Studies have shown that low doses of psilocybin can be beneficial for patients with PTSD, anxiety, and depression.
