Emily Johnson
The legality of mushrooms varies worldwide. Psilocybin and psilocin, the active ingredients in magic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. While the convention does not specifically mention mushrooms, many countries have some level of regulation or prohibition of psilocybin mushrooms. For example, the sale, possession, and production of magic mushrooms are illegal in Canada unless authorized by Health Canada. In the United States, the commercial sale of psilocybin is illegal, but some states like Oregon and Colorado have decriminalized it and allowed its supervised use. The safety and efficacy of psilocybin products have not been assessed by health authorities, and there is ongoing research into its potential therapeutic benefits.
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What You'll Learn
Magic mushrooms are illegal in most countries
Magic mushrooms, or psilocybin mushrooms, are illegal in most countries. Psilocybin and psilocin, the compounds found in magic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. As a result, many countries have regulations or prohibitions on psilocybin mushrooms, such as the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act.
However, it is important to note that the legal status of psilocybin mushrooms varies worldwide, and there is ambiguity in some national, state, and provincial drug laws. For example, in the United States, the spores of psilocybin mushrooms are legal to possess in many areas because they do not contain psilocybin or psilocin. Similarly, in 2020, voters in Oregon passed a ballot initiative legalizing "magic mushrooms" for mental health treatment. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms.
Outside of the United States, the Canadian province of Alberta announced in 2022 that it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. Australia has also approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression.
While magic mushrooms are illegal in most countries, there is a growing trend towards decriminalization and regulation for medicinal and therapeutic purposes. This shift reflects the recognition of the potential benefits of psilocybin mushrooms in certain contexts, despite their classification as Schedule I drugs by the United Nations.
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The United Nations 1971 Convention lists them as Schedule I drugs
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse or drugs that have no recognised medical uses. However, psilocybin mushrooms have been used medicinally and religiously in dozens of cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
The 1971 Convention on Psychotropic Substances was drafted in 1969, when the use of stimulants was increasing, and the Commission was "unable to reach an agreement on the applicability of the Single Convention on Narcotic Drugs, 1961 to these substances". The language of the Single Convention and its legislative history prevented any interpretation that would allow international regulation of these drugs under that treaty. As a result, a new convention with a broader scope was required to bring those substances under control. The 1971 Convention was signed in Vienna on 21 February 1971, and it controls LSD, MDMA, and other drugs with unique psychoactive effects that exclude them from the scope of the Single Convention.
The 1971 Convention requires its members to prohibit psilocybin and restrict the use of the drug to medical and scientific research under strictly controlled conditions. However, the mushrooms containing the drug were not specifically included in the convention, largely due to pressure from the Mexican government. Most national drug laws have been amended to reflect the terms of the convention. Examples include the UK Misuse of Drugs Act 1971, the US Psychotropic Substances Act of 1978, the Australian Poisons Standard (October 2015), the Canadian Controlled Drugs and Substances Act of 1996, and the Japanese Narcotics and Psychotropics Control Law of 2002. The possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties.
In some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin. However, in other jurisdictions, they are banned because they are used in drug manufacture. A few jurisdictions, such as the US states of California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores. The cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions and is often severely penalised. However, some countries and one US state (New Mexico) have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
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Some US states have decriminalised or legalised their use
Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. This means that they are considered drugs with a high potential for abuse and no recognised medical use. However, the mushrooms containing these drugs were not specifically included in the convention, and many countries have different regulations and prohibitions on psilocybin mushrooms.
In the United States, psilocybin and psilocin were first subjected to federal regulation in 1965, with the Drug Abuse Control Amendments, which regulated the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs". While the statutes permitted possession for personal use, many US state courts have considered the mushroom a "container" of illicit drugs, and therefore illegal. However, spores of psilocybin mushrooms, which do not contain the drugs, are legal to possess in many areas.
In recent years, some US states have moved towards decriminalising or legalising psilocybin mushrooms. In November 2020, Oregon became the first state to decriminalise psilocybin and legalise it for supervised non-medical use. The District of Columbia also passed a similar initiative in 2020, which came into effect in 2021, allowing for the possession and non-profit distribution of psilocybin mushrooms. In 2021, Washtenaw County, Michigan, and the cities of Somerville and Cambridge, Massachusetts, also decriminalised the possession of psilocybin mushrooms. In 2022, Colorado became the second state to decriminalise psilocybin mushrooms, and in 2023, Washington State legislators proposed a bill to legalise psilocybin for "supported use" among adults over 21.
These changes in policy have been influenced by the growing scientific research on the therapeutic and medicinal potential of psychedelics, as well as the rapid legalisation of cannabis in the United States. As of 2024, decriminalisation efforts have not included synthetic psychedelics such as LSD and MDMA. While some states have moved towards decriminalisation or legalisation, it is important to note that the use, sale, and possession of psilocybin mushrooms remain illegal under federal law in the United States.
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Canada has allowed their use for medicinal purposes
Magic mushrooms, or psilocybin mushrooms, are fungi that contain the hallucinogenic compounds psilocybin and psilocin. They are often eaten raw or cooked, but they can also be ground into a powder, mixed with liquid, or swallowed in capsule form. The active ingredients in magic mushrooms are classified as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses.
In Canada, the sale, production, and possession of magic mushrooms are illegal under the Controlled Drugs and Substances Act (CDSA). However, there are minimal exceptions, including clinical trials, the Special Access Program, and individual exemptions from the Minister of Health. The Special Access Program allows healthcare practitioners to request access to drugs that have shown promise in clinical trials or been approved in other countries but are not yet authorized for sale in Canada. This program provides access to non-marketed drugs for the treatment of serious or life-threatening conditions when conventional therapies have failed or are unsuitable.
Canada has made strides toward recognizing the therapeutic potential of magic mushrooms. In October 2022, the province of Alberta announced it would be among the first to regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. The new regulations came into effect in January 2023. This move reflects a growing willingness to challenge the existing ban on psilocybin, particularly when businesses are operating openly with community support. Additionally, in Vancouver, there have been discussions about regulating magic mushroom dispensaries, with Green Party city councillors voting to overturn a ban on a dispensary's business license.
While Canada has not approved any psilocybin products for sale, individuals can legally access magic mushrooms through clinical trials and the Special Access Program. Furthermore, individuals may request an exemption from the Minister of Health, which is evaluated based on specific factors. These developments in Canada demonstrate a shift in perspective regarding the potential benefits of magic mushrooms for medicinal purposes.
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They are toxic and can cause hallucinations
Mushrooms that contain the psychoactive compound psilocybin, often referred to as "magic mushrooms" or "shrooms," can induce hallucinations and significantly alter perception and mood. While some people intentionally use these mushrooms for recreational purposes or as a form of alternative medicine, it's important to understand that they are considered toxic and can have detrimental effects on one's health and well-being.
The psilocybin present in these mushrooms is a potent hallucinogen that can distort perceptions and cause profound changes in sensory perception, thought processes, and emotional states. Users often experience altered time perception, intensified emotions, and synesthesia (mixing of the senses). While some may seek out these hallucinogenic effects, it's crucial to recognize the potential risks and adverse consequences associated with their use.
The toxicity of psilocybin mushrooms lies in their ability to induce unpredictable and often uncontrollable hallucinations and distorted perceptions. This can lead to unpleasant and potentially dangerous experiences, commonly referred to as "bad trips." During a bad trip, an individual may experience intense anxiety, paranoia, panic, and even psychotic episodes. In extreme cases, individuals may engage in harmful or risky behavior, endangering themselves or others. Additionally, the toxic effects of psilocybin mushrooms can be exacerbated when consumed alongside other substances, such as alcohol or other drugs, creating an even more unpredictable and risky situation.
It's important to note that the effects of psilocybin mushrooms can vary widely depending on factors such as the specific type and dosage of mushrooms consumed, the individual's physiology and mental state, and the environment in which they are ingested. As such, it's challenging to predict how an individual will react to these toxic mushrooms, further emphasizing the risks associated with their consumption. Seeking professional help or advice before considering the use of such substances is always recommended.
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Frequently asked questions
Psilocybin and psilocin, the active ingredients in magic mushrooms, are controlled substances in many countries. In the US, they are federally classified as Schedule I drugs, meaning they have "no accepted medical use and a high potential for abuse". However, some US states, such as Oregon, Colorado, and the District of Columbia, have decriminalized or deprioritized their use and possession.
Yes, there are risks associated with using magic mushrooms. They can cause hallucinations and distort your sense of reality. There have also been reports of serious health issues, such as septic shock and multi-system organ failure, from intravenous injection of mushrooms. It is also important to note that magic mushrooms bought on the black market may contain other dangerous substances.
There is ongoing research into the potential benefits of using psilocybin, the active ingredient in magic mushrooms, to treat various mental health disorders such as anxiety, depression, obsessive-compulsive disorder, and problematic substance use. Decriminalization advocates also argue that psilocybin is non-addictive and causes fewer emergency visits compared to other illegal drugs.
