John Miller
The legality of mushrooms varies worldwide. Psilocybin, also known as magic mushrooms, is a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances and federal US law, making it illegal to possess, sell, or grow. However, several US cities and states, including Oregon, Colorado, California, and Washington, have enacted resolutions and policies that make investigations and arrests for possession and use of entheogenic plants, including psilocybin mushrooms, a low priority for law enforcement. In Oregon, psilocybin has been decriminalized and legalized for supervised non-medical use. The regulatory requirements for mushroom edibles are ambiguous, as the FDA has not specified whether they should be regulated as dietary supplements, foods, or drugs.
| Characteristics | Values |
|---|---|
| Legal Status | The legal status of mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. However, the mushrooms containing the drug were not specifically included in the convention. Many countries have some level of regulation or prohibition of psilocybin mushrooms. |
| Legal Uses | In some jurisdictions, the possession and use of psilocybin mushrooms are decriminalized or legalized for therapeutic or medicinal purposes. Examples include Oregon, Colorado, Washington, D.C., Washtenaw County in Michigan, Somerville and Cambridge in Massachusetts, and Travis County in Texas. |
| Illegal Uses | The possession, use, sale, and cultivation of psilocybin mushrooms are generally illegal and can result in criminal charges and severe penalties, including prison sentences and fines. |
| Regulatory Ambiguity | The regulatory requirements for mushroom products, such as edibles, are often unclear and subject to interpretation. The legality of these products may fall into a gray area, depending on the specific ingredients and compounds they contain. |
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What You'll Learn
- Magic mushrooms are illegal in Texas, with severe penalties for possession
- Oregon was the first US state to legalise psilocybin for mental health treatment
- Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
- The ambiguity of mushroom legality has led to an underground economy and illicit sales
- Some US states allow limited access to psilocybin for clinical trials
Magic mushrooms are illegal in Texas, with severe penalties for possession
Magic mushrooms, or mushrooms containing psilocybin, are illegal in Texas, as they are in most US states. 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, similar to other serious drugs like MDMA, ecstasy, and amphetamines.
Possession of magic mushrooms in Texas carries severe penalties, including heavy fines and potential imprisonment. The charges range from state jail felonies for small amounts to first-degree felonies for larger quantities. Even a tiny bag of mushroom crumbs in one's backpack could result in a felony-level offense. The tiered approach to penalties means that even small amounts can lead to significant criminal penalties.
While magic mushrooms are illegal under Texas state law, some cities have deprioritized enforcement of drug laws prohibiting them. However, these are policy changes and do not affect the legality of magic mushrooms.
The legal status of magic mushrooms is complicated by the fact that spores of psilocybin mushrooms do not contain the drug and are legal to possess in many areas. However, Texas law does not appear to make this distinction, as it classifies magic mushrooms as a Penalty Group 2-A substance, which includes "mushrooms containing psilocybin."
Despite the illegal status of magic mushrooms in Texas, emerging research suggests that psilocybin mushrooms may offer significant mental health benefits, raising questions about the conflict between legal regulations and their therapeutic potential.
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Oregon was the first US state to legalise psilocybin for mental health treatment
On 3 November 2020, Oregon became the first US state to legalise psilocybin for mental health treatment. The ballot initiative, known as Measure 109, allows adults aged 21 and over to consume psilocybin, or "magic mushrooms", in state-regulated centres under the supervision of licensed facilitators and guides. The measure was drafted for those who wish to use psilocybin for therapeutic purposes, allowing for a proactive approach to wellbeing outside of the traditional Western mental healthcare system.
Psilocybin has been shown to have promising results in the treatment of mental health conditions, including depression, PTSD, and substance use disorder. Research has also indicated its potential in treating treatment-resistant depression, with one study finding that a 25 mg dose of psilocybin, administered alongside psychotherapy, reduced depression symptoms three weeks after treatment.
However, critics of Measure 109, such as the Oregon Psychiatric Physicians Association, argue that the new law is potentially dangerous due to its disengagement with the medical system. For instance, people who want to become licensed guides are not required to have any medical experience. Nonetheless, many training programs are choosing to enrol only mental health professionals, and facilitators must complete a minimum of 120 hours of training and 40 hours of hands-on experience from a state-approved training program to earn their license.
While Oregon has blazed a trail in legalising psilocybin for therapeutic use, it is important to note that the drug remains illegal under federal law and most state laws. Psilocybin is classified as a Schedule I drug, which means it is considered to have no accepted medical uses and a high potential for abuse. As such, individuals must be cautious when handling psilocybin, as possession and cultivation of the substance can carry severe legal 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. Psilocybin is a Schedule I drug 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, the 1971 Convention does not include Psilocybe mushrooms themselves, only the active principles, psilocybin and psilocin. This is due in large part to pressure from the Mexican government, which argued that "production" of psychotropic drugs should not apply to wild-growing plants such as peyote cacti or psilocybin mushrooms.
While the UN Convention on Psychotropic Substances requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention. Parties to the treaty are required to restrict the use of the drug to medical and scientific research under strictly controlled conditions. However, the possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties.
In the United States, psilocybin (and psilocin) were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, an amendment to the federal Food, Drug and Cosmetic Act. Under federal law, it is illegal to possess, sell, or grow psilocybin mushrooms. However, some US states, such as Colorado and Oregon, have legalized certain uses, and a few cities have deprioritized arrest and prosecution for personal possession of psilocybin. In Oregon, "psilocybin service centers" are licensed for persons 21 and older to consume magic mushrooms in a supervised setting. In California, a bill is pending in the State Legislature that would legalize the "possession, obtaining, giving away, or transportation of, specified quantities of psilocybin".
In other countries, the legal status of psilocybin mushrooms is also ambiguous. For example, in Germany and some US states, including California, Georgia, and Idaho, it is illegal to possess psilocybin mushroom spores, while in other jurisdictions, spores are legal to possess and sell because they do not contain psilocybin or psilocin.
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The ambiguity of mushroom legality has led to an underground economy and illicit sales
The legality of mushrooms, particularly those containing psilocybin, is ambiguous and varies across different jurisdictions. While psilocybin is listed as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, the mushrooms themselves were not specifically included in the convention. This has created a legal grey area, with some countries and states criminalising psilocybin mushrooms, while others have enacted policies that make investigations and arrests for possession and use of these mushrooms a low priority for law enforcement.
In the United States, for example, federal law classifies psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow. However, states like Oregon and Colorado have legalised certain uses, and several cities have deprioritised enforcement of laws prohibiting psilocybin mushrooms. This discrepancy between federal and state laws has led to an ambiguous situation, where individuals adhering to state laws may still be subject to federal prosecution.
The ambiguity in the legal status of psilocybin mushrooms has significant consequences. One notable outcome is the emergence of an underground economy and illicit sales. In jurisdictions where psilocybin mushroom spores are legal to possess, an active underground economy has developed, involving the sale of spores and cultivation materials. This is accompanied by an internet-based social network that facilitates and supports these illicit activities.
The regulatory void also extends to mushroom edibles, which are becoming increasingly popular in the form of gummies, chocolates, and other products. These edibles often claim to contain psychedelic mushrooms or their derivatives. However, due to the lack of clear regulatory guidelines, the true contents of these products are uncertain, and they fall into a legal grey area. This ambiguity in the law has resulted in a free-for-all for manufacturers, who can sell these products with little oversight.
While the ambiguity in the legal status of psilocybin mushrooms has led to an underground economy and illicit sales, it is important to note that there are ongoing efforts to reform mushroom legality. As scientific research highlights the therapeutic and medicinal benefits of psychedelics, legal and political support for decriminalisation and legalisation is growing. Several states and cities in the United States have already made strides in this direction, and it is likely that the legal landscape will continue to evolve.
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Some US states allow limited access to psilocybin for clinical trials
Psilocybin, also known as magic mushrooms, is a Schedule I drug under the federal Controlled Substance Act. This means that it is illegal to possess, sell, or grow under federal law and in most states. However, some US states allow limited access to psilocybin for clinical trials or therapeutic use.
In 2006, researchers at Johns Hopkins University received federal approval to study the use of psychedelics in healthy volunteers with no history of prior use. The researchers found that psilocybin had "safety and enduring positive effects", which reignited interest in its therapeutic potential. In 2019, the FDA granted the Usona Institute permission to expedite the development of psilocybin for treating major depressive disorder. With growing interest in expanding psilocybin research and access, some states have begun to legalize and authorize its therapeutic use.
Oregon was the first state to legalize psilocybin for mental health treatment in supervised settings, with voters approving the Oregon Psilocybin Services Act (Measure 109) in November 2020. This measure created the Oregon Psilocybin Advisory Board (OPAB) and instructed the Oregon Health Authority (OHA) to license and regulate the manufacture, transport, and distribution of psilocybin products. In December 2022, Oregon formally established the administrative rules for its psilocybin program, which allow clients 21 years or older to access psilocybin from licensed service centers under the supervision of a licensed facilitator.
Colorado has also made strides in legalizing psilocybin, with Denver becoming the first city in the United States to decriminalize psilocybin mushrooms in May 2019. In March 2025, Colorado state regulators issued the first sets of licenses for medical-assisted use, and the state is currently developing a regulatory system to allow consumer access to psilocybin mushrooms. Additionally, Colorado SB 23-290 set limits on cultivating psilocybin and authorized DORA to issue regulations for establishing healing centers.
Other states, such as California, Washington, and New Mexico, are also exploring the decriminalization of psilocybin and the establishment of therapeutic psilocybin programs. California has a pending bill in the state legislature that would legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin. Washington enacted SB 5263 in May 2023, creating a psilocybin therapy services pilot program at the University of Washington for individuals 21 years or older. New Mexico has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance, providing some legal leeway in this area.
While these states are leading the way in exploring the therapeutic potential of psilocybin, it is important to note that the drug remains illegal under federal law and most state laws. However, with growing interest in its therapeutic benefits and ongoing clinical trials, the legal landscape surrounding psilocybin may continue to evolve in the future.
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Frequently asked questions
No, magic mushrooms are illegal under federal law in the US. However, some cities have deprioritized or decriminalized them, and Oregon and Colorado have legalized certain uses.
Yes, in some jurisdictions, magic mushrooms are legal for medical or therapeutic use, such as Oregon, Colorado, and Washington D.C. in the US, and some cities in Massachusetts.
Magic mushrooms, or psilocybin mushrooms, are mushrooms that cause hallucinations when ingested. Psilocybin and psilocin are the psychoactive chemicals in the fungi that can make people feel high.
Magic mushrooms are illegal because they are considered to have no accepted medical use and a high potential for abuse. However, there is growing scientific research on the therapeutic and medicinal potential of psychedelics, which is increasing legal and political support for decriminalization.
