Emma Wilson
The legal status of psilocybin mushrooms in the USA is ambiguous and varies across states. While the federal government prohibits the use, sale, and possession of psilocybin mushrooms, some states and cities have enacted laws to decriminalize or legalize the substance. In 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms, followed by Oregon, which became the first state to legalize the substance for mental health treatment in supervised settings in 2020. Other states, including California, Colorado, Maine, Massachusetts, Michigan, New Hampshire, New Mexico, Rhode Island, and Washington, have also introduced or considered bills to legalize or decriminalize psilocybin mushrooms for medical or therapeutic purposes. The shifting legal landscape is influenced by increasing scientific research highlighting the therapeutic and medicinal potential of psychedelics, as well as the rapid legalization of cannabis in the country.
| Characteristics | Values |
|---|---|
| States where psilocybin mushrooms are decriminalized | Oregon, Colorado, Washington, District of Columbia, Michigan, Massachusetts, California, New Mexico, New Hampshire |
| Cities where psilocybin mushrooms are decriminalized | Denver, Ann Arbor, Oakland, Seattle, Somerville, Cambridge, Easthampton, Northampton, Olympia, Tacoma |
| Federal law classification | Schedule I controlled substance |
| Federal law status | Illegal |
| Medical use | Legal in Oregon and Colorado for supervised use |
| Therapeutic benefits | Thought to promote neuroplasticity and provide fresh perspectives on psychiatric problems |
| Addictiveness | Not addictive |
| Risk of emergency visits | Low compared to other illegal drugs |
| Risk of overdose | Rare |
| Risk of bad trip | Possible |
| Legality of spores | Legal in many areas |
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What You'll Learn
Magic mushrooms are decriminalised in some US states
Magic mushrooms, or psilocybin mushrooms, are decriminalised in some US states. In May 2019, Denver, Colorado, became the first city in the United States to decriminalise psilocybin mushrooms. The ballot initiative did not legalise mushrooms but prohibited law enforcement from spending resources to prosecute people for their use or possession. Since then, a growing number of cities and states have followed suit in decriminalising or deprioritising the enforcement of psilocybin laws.
In November 2020, Oregon became the first US state to decriminalise psilocybin and legalise it for supervised non-medical use. In January 2021, Washtenaw County, Michigan, and the cities of Somerville and Cambridge in Massachusetts also decriminalised psilocybin mushrooms. In November 2022, Colorado became the second state to vote to legalise medical psilocybin treatments, with clinics expected to offer treatments by the end of 2024.
Other states are also considering loosening restrictions on psilocybin. In January 2022, Washington state legislators proposed a bill to legalise psilocybin for "supported use" among adults over 21. In California, a bill to decriminalise the possession and use of small amounts of psilocybin for adults over 21 passed the state senate but was vetoed by the governor due to the lack of therapeutic guidelines. New York is also considering a bill that would allow adults to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors.
The push for decriminalisation is driven by research suggesting that psilocybin is non-addictive, causes a low number of emergency visits, and has potential benefits in treating depression and other mental health disorders. Proponents argue that decriminalisation would allow law enforcement to focus resources on higher priorities while providing a regulatory framework for safe use. However, critics caution that there are insufficient medical standards and clinical guidelines to ensure the safe use of psilocybin.
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The federal government classifies them as Schedule I drugs
The federal government classifies psilocybin mushrooms as Schedule I drugs, which means they are illegal under federal law. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. The possession and use of psilocybin mushrooms are prohibited under almost all circumstances and often carry severe legal penalties. However, there has been a growing movement to decriminalize and legalize psilocybin mushrooms in the United States.
Psilocybin mushrooms, also known as "magic mushrooms", have a long history of use in dozens of cultures worldwide for medicinal and religious purposes. Despite their illegal status at the federal level, there has been a recent shift in local and state attitudes towards psilocybin mushrooms. This shift is largely due to growing scientific research highlighting the therapeutic and medicinal benefits of psilocybin for mental health treatment. For example, research has shown that psilocybin can be effective in treating alcohol use disorder, with an 83% decline in heavy drinking among participants in one study. Other research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence.
As a result of this growing body of research, several states and cities in the United States have taken steps to decriminalize or legalize psilocybin mushrooms. In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms, with other cities such as Ann Arbor, Michigan; Oakland, California; and Seattle following suit. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised adult use, with Colorado following suit in 2022. These changes in state and local laws reflect a changing attitude towards psilocybin mushrooms and a recognition of their potential therapeutic benefits.
Despite these changes, psilocybin mushrooms remain illegal under federal law. However, there is a growing movement to reform psychedelic drug policies at the federal level. Lawmakers in several states are pursuing psychedelics reform legislation, and there is increasing legal and political support for the decriminalization and legalization of psilocybin mushrooms. It remains to be seen whether federal laws will eventually catch up with the shifting local and state attitudes towards psilocybin mushrooms.
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They are legal for mental health treatment in Oregon
In the United States, the use, sale, and possession of psilocybin are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". It 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 psilocybin mushrooms for therapeutic purposes in certain states and cities across the country. In November 2020, Oregon became the first state in the U.S. to legalize the regulated use of psilocybin for therapeutic purposes, including mental health treatment. This move represented a significant shift in drug policy and was driven by the recognition of psilocybin's potential therapeutic benefits.
The Oregon Psilocybin Law, officially known as Measure 109, allows licensed professionals to administer psilocybin in controlled settings, with the aim of providing therapeutic benefits for various mental health conditions. The law sets the stage for regulated psilocybin-assisted therapy, making Oregon a pioneer in integrating psychedelic substances into mental healthcare. The law requires individuals to be at least 21 years old to participate in psilocybin-assisted therapy and ensures that the treatments are conducted in safe, licensed centers.
The legalization of psilocybin in Oregon has sparked high demand for magic mushrooms, with experts hoping that it will help individuals struggling with mental health issues. Research suggests that psilocybin can bring about profound changes in perception, mood, and cognition, aiding in the treatment of conditions such as depression, anxiety, PTSD, and addiction. While the potential benefits are significant, it is important to note that the treatments are not yet covered by insurance and can be expensive.
The success of Oregon's Psilocybin Law has influenced other states to explore similar reforms. Washington state, for instance, has shown interest in adopting a regulatory system similar to Oregon's, and lawmakers in several other states are pursuing psychedelics reform legislation.
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The legal status of mushrooms varies worldwide
The legal status of 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 no recognised medical uses. However, psilocybin mushrooms have been used medicinally and religiously in many cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
While the UN Convention requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention due to pressure from the Mexican government. As a result, the legal status of psilocybin mushrooms varies across different countries and jurisdictions. For example, in some places, Psilocybe spores are legal to possess and sell because they do not contain psilocybin or psilocin.
In the United States, psilocybin mushrooms are considered a Schedule I drug and are illegal under federal law, except for clinical research. However, several states and cities have moved to decriminalize or legalise psilocybin mushrooms in recent years. For instance, Denver, Colorado, became the first city in the US to decriminalize psilocybin mushrooms in May 2019, and Oregon became the first state to legalise psilocybin for supervised adult use in November 2020. Other states, such as California, Washington, and New York, have also introduced or considered legislation to decriminalize or regulate psilocybin.
The shifting legal landscape surrounding psilocybin mushrooms in the US and worldwide is largely due to growing scientific research on the therapeutic and medicinal potential of psychedelics. This research has led to increasing legal and political support for the decriminalization and regulated use of psilocybin mushrooms, particularly for medical purposes. However, some experts caution that more research is needed to ensure the safe and effective use of psilocybin in therapeutic settings.
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Some US states have introduced bills to legalise medical use
While the use, sale, and possession of psilocybin mushrooms, commonly known as "magic mushrooms", are illegal under federal law in the United States, some US states have introduced bills to legalise their medical use.
In November 2020, Oregon became the first US state to decriminalise psilocybin and legalise it for supervised non-medical use after Ballot Measure 109 passed. The measure authorised the creation of psilocybin service centres where anyone over 21 can consume the mushrooms in a supervised setting with a state-certified facilitator present. In January 2021, Washtenaw County, Michigan, followed suit, and the City Council of Somerville, Massachusetts, voted to decriminalise the possession of entheogenic plants, including psilocybin mushrooms. In November 2022, Colorado became the second state to vote to legalise medical psilocybin treatments, with clinics expected to start offering treatments by the end of 2024.
In January 2022, Washington State legislators proposed Senate Bill 5660, which would legalise psilocybin for "supported use" among adults over 21. A similar bill was introduced in New York State in May 2024, which would allow people 18 and older to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors after undergoing a health screening and taking an educational course.
Other states are also considering loosening restrictions on psilocybin. For example, the president of the New Jersey Senate introduced a bill to legalise psilocybin to treat certain disorders, and Maine and California have also considered legalisation measures, although these have not passed.
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Frequently asked questions
Yes, Oregon became the first U.S. state to legalize magic mushrooms in November 2020. Colorado followed suit in November 2022, becoming the second state to vote to legalize medical psilocybin treatments.
Psilocybin, the naturally occurring hallucinogenic drug found in certain species of mushrooms, is classified as a Schedule I substance under the Controlled Substance Act. This means it has a high potential for abuse with no federally accepted medical exceptions. However, some states are conducting research into the drug's usefulness for mental health treatment.
Advocates for decriminalizing psilocybin argue that it is non-addictive and causes a low number of emergency visits compared to other illegal drugs. Other research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence.
The greatest risk when using psilocybin is the potential to experience a "bad trip", which can lead to psychosis. However, it is rare for a psilocybin overdose to be fatal due to the mushrooms' low toxicity rating.
