John Miller
The legality of mushrooms varies worldwide. Psilocybin, also known as magic mushrooms and shrooms, is classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances. This means that it is illegal to possess, sell, or grow. However, there are some exceptions, such as in Oregon, where it has been decriminalized for supervised non-medical use, and Colorado, where it has been decriminalized for medical use. In addition, some cities have made investigations and arrests for possession and use of entheogenic plants among the lowest priorities for law enforcement. The regulatory requirements for mushroom edibles are also unclear, as the FDA has not specified whether they should be regulated as dietary supplements, foods, or drugs. As a result, the market for mushroom-derived products is growing.
| Characteristics | Values |
|---|---|
| Legal Status of Psilocybin Mushrooms | Varies worldwide |
| United Nations Convention on Psychotropic Substances | Requires members to prohibit Psilocybin |
| UN Convention Loophole | Doesn't specifically include mushrooms |
| US Federal Law | Psilocybin is Schedule I, illegal to possess, sell, or grow |
| US State Laws | Vary, some allow limited access, some have decriminalized |
| US Cities | Some have deprioritized enforcement |
| Oregon | Legalized for mental health treatment in supervised settings |
| California | Bill pending to legalize possession, obtaining, giving away, or transportation |
| District of Columbia | Entheogenic Plant and Fungus Policy Act allows possession and non-profit distribution |
| Amanita Muscaria | Legal in US except Louisiana due to unpleasant effects |
| Regulatory Requirements for Mushroom Edibles | Murky and undefined |
| Texas | Possession of mushrooms can lead to criminal charges |
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What You'll Learn
- Magic mushrooms are illegal in Texas, USA
- Oregon was the first US state to legalise psilocybin mushrooms for mental health treatment
- Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
- Amanita muscaria is not a scheduled substance and is legal to possess in the US, except in Louisiana
- The District of Columbia has passed laws to decriminalise psilocybin mushrooms
Magic mushrooms are illegal in Texas, USA
Magic mushrooms, or mushrooms containing psilocybin, are illegal in Texas, USA. Psilocybin is a Schedule I drug under the federal Controlled Substance Act, which means it is illegal to possess, sell, or grow. The Texas Controlled Substance Act further classifies magic mushrooms as a Penalty Group 2-A substance, which is reserved for drugs with a high potential for abuse as psychedelics. This classification aligns them with other hallucinogenic drugs like mescaline and MDMA.
Possession of magic mushrooms in Texas carries severe penalties, with charges ranging from state jail felonies for small amounts to potential life imprisonment for larger quantities. Even possessing a tiny bag of mushroom crumbs in a backpack could result in a felony-level offense. The charges and penalties for possessing magic mushrooms in Texas depend on the amount of the drug in a person's possession, as well as whether there was an intent to sell or distribute.
While magic mushrooms are illegal in Texas, some other states have shifted towards decriminalization or legalization. For example, Oregon has legalized certain uses of magic mushrooms, and Colorado is the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults 21 and older. Additionally, a few cities have deprioritized arrest and prosecution for personal possession of psilocybin, but these are policy changes and do not change the underlying drug laws.
The legal status of magic mushrooms is complicated and subject to change, so it is important to consult a lawyer or legal professional for the most up-to-date information.
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Oregon was the first US state to legalise psilocybin mushrooms for mental health treatment
The legal status of psilocybin mushrooms, also known as "magic 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 and no recognised medical uses. However, the mushrooms themselves were not specifically included in the convention, and many countries have some level of regulation or prohibition.
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965. For most purposes, psilocybin remains illegal to consume, possess, grow, or sell under federal law and in most states. However, Oregon became the first state to legalise psilocybin mushrooms for mental health treatment. On 3 November 2020, Oregon voters passed Ballot Measure 109, which legalised the therapeutic use of psilocybin in supervised settings from 1 February 2021. The measure allows the Oregon Health Authority to license and regulate the manufacturing, transportation, and sale of psilocybin products and to oversee psilocybin services. These service centres allow anyone over 21 to consume psilocybin mushrooms with supervision, as the effects can last several hours.
Recent research at universities, including Johns Hopkins, Imperial College London, and the University of California, Los Angeles, has shown promising results for psilocybin therapy in treating depression, PTSD, addiction, and other mental health conditions. Psilocybin is thought to promote neuroplasticity, the brain's ability to change, recognise, or adapt neural networks. However, while research suggests promising results for mental health treatment, there are still concerns about the lasting side effects of psilocybin misuse, as there is not enough data yet to measure the long-term impacts.
It is important to note that the legalisation of psilocybin mushrooms in Oregon conflicts with federal law, and compliance with state law does not shield individuals from possible federal prosecution. Possession and cultivation of psilocybin mushrooms are illegal under federal law and can carry severe penalties.
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Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
The legal status of psilocybin mushrooms varies worldwide. While the drug psilocybin is classified as a Schedule I substance under the United Nations 1971 Convention on Psychotropic Substances, the mushrooms themselves are not controlled by the Convention. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. Psilocybin mushrooms, on the other hand, have had numerous medicinal and religious uses in various cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
The 1971 Convention on Psychotropic Substances requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. However, due to pressure from the Mexican government, the mushrooms containing the drug were not specifically included in the convention. This means that while the drug psilocybin is illegal, the mushrooms themselves are not explicitly prohibited under international law.
The legal status of psilocybin mushrooms is ambiguous in many national, state, and provincial drug laws, with selective enforcement in some places. Most US state courts consider the mushroom a "container" of illicit drugs, making it illegal. However, a loophole exists where spores of psilocybin mushrooms, which do not contain the drug, are legal to possess in many areas. This has led to an active underground economy and an internet-based social network supporting the illicit sale and cultivation of psilocybin mushrooms.
Despite the international classification of psilocybin as a Schedule I drug, some jurisdictions have enacted laws to legalize or deprioritize enforcement against psilocybin mushrooms. For example, Oregon has passed initiatives to legalize psilocybin for mental health treatment in supervised settings and license "psilocybin service centers" for adult consumption. Similarly, a bill is pending in the California State Legislature to legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin. These changes in local and state laws conflict with federal law, which classifies psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow.
In summary, while psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances, the legal status of psilocybin mushrooms is complex and varies across jurisdictions. The ambiguity in the law has led to a grey market for mushroom-derived products and a push for legal reform in some areas.
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Amanita muscaria is not a scheduled substance and is legal to possess in the US, except in Louisiana
The legal status of unauthorised actions with mushrooms varies worldwide. Psilocybin and psilocin, the psychedelic substances found in "magic mushrooms", are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. This means that they are considered to have a high potential for abuse and no accepted medical use.
In the United States, the possession, sale, and cultivation of psilocybin mushrooms are illegal under federal law and in most states. However, some states, such as Oregon and Colorado, have legalised certain uses of psilocybin, and a few cities have deprioritised enforcement of drug laws prohibiting magic mushrooms.
Amanita muscaria, on the other hand, is not a scheduled substance and is not specifically listed as a controlled substance under the Controlled Substances Act (CSA). It contains the psychoactive but non-scheduled compounds muscimol and ibotenic acid. While consuming Amanita muscaria can lead to psychedelic effects, its effects are often considered unpleasant, resulting in a low potential for abuse. Therefore, Amanita muscaria and its constituents are generally legal to possess in the United States, except in the state of Louisiana.
In Louisiana, Amanita muscaria is included in the state's Controlled Substances Act under the hallucinogenic plants category. Under Louisiana State Act 159, it is illegal to grow, sell, or possess Amanita muscaria, unless it is used strictly for decorative purposes. The state prohibits the production, distribution, sale, and possession of these mushrooms within its borders.
It is important to note that the regulatory landscape for mushrooms is evolving, and the legal status of Amanita muscaria may change over time, especially as awareness of its potential health risks and psychoactive effects grows.
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The District of Columbia has passed laws to decriminalise psilocybin mushrooms
Psilocybin is a psychedelic drug naturally produced by psilocybin mushrooms. It is federally classified as a Schedule I controlled substance in the US, which means it has "no accepted medical use and a high potential for abuse". The drug was banned by the 1970 Controlled Substances Act, and possession and cultivation are illegal under federal law. Many US state courts have considered the mushroom a "container" of the illicit drugs and therefore illegal. However, there has been ambiguity about the legal status of psilocybin mushrooms, and a strong element of selective enforcement in some places.
The spores of psilocybin mushrooms do not contain the drug and are legal to possess in many areas, including some US states. However, jurisdictions such as 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 penalized. However, some countries and one US state, New Mexico, have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
In recent years, there has been a growing movement to decriminalize psilocybin mushrooms, with advocates citing research that suggests the drug is non-addictive and causes a low number of emergency visits compared to other illegal drugs. Additionally, psilocybin has shown potential in treating treatment-resistant depression and nicotine dependence. As a result, some cities have passed resolutions or policies that make investigations and arrests for possession and use of entheogenic plants, including psilocybin mushrooms, a low priority for law enforcement resources. However, these changes do not affect the legality of psilocybin mushrooms, and county, state, and federal officials are not bound by these resolutions.
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Frequently asked questions
No, magic mushrooms are illegal under federal law in the US. Psilocybin is a psychedelic drug produced naturally by magic mushrooms and is federally classified as a Schedule I controlled substance. However, some states have legalized certain uses, and a few cities have deprioritized arrest and prosecution for personal possession of psilocybin.
Yes, there are some places where magic mushrooms have been decriminalized or legalized. For example, Oregon voters passed a 2020 ballot measure making it the first state to both decriminalize psilocybin and legalize its supervised use. Other places where magic mushrooms have been decriminalized include Washtenaw County, Michigan, Somerville, Massachusetts, and Cambridge, Massachusetts.
The regulatory requirements for mushroom edibles are murky. Many brands say their products are made from Amanita muscaria, a mushroom that contains the psychoactive but non-scheduled compounds muscimol and ibotenic acid. Amanita muscaria and its constituents are not scheduled substances, so they are legal for US consumers to possess except in Louisiana. However, it is important to note that consuming components of Amanita muscaria can lead to psychedelic effects including hallucinations and altered perceptions of sight, sound, time, and space.
