Laura Smith
The regulation of mushrooms varies across different countries and jurisdictions. Psilocybin mushrooms, also known as magic mushrooms, are not regulated by UN treaties, but many countries have some level of regulation or prohibition in place. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act all regulate psilocybin mushrooms to varying degrees. The possession and use of psilocybin are prohibited under almost all circumstances in most places, and its cultivation is often considered drug manufacture, resulting in severe penalties. However, some jurisdictions allow the sale and possession of psilocybin mushroom spores since they do not contain the drugs psilocybin and psilocin. The regulatory landscape for mushroom edibles is also ambiguous, with the FDA not clearly specifying whether they should be regulated as dietary supplements, foods, or drugs. This lack of clear regulation has led to concerns about inaccurate labelling and the presence of undisclosed and potentially dangerous or illegal ingredients in mushroom edible products.
| Characteristics | Values |
|---|---|
| Psilocybin mushrooms regulated by UN treaties | No |
| Countries with some level of regulation or prohibition of psilocybin mushrooms | US, UK, Canada, Germany, Australia, Japan |
| US federal law classification | Schedule I drug |
| States with specific laws against possession of psilocybin mushroom spores | California, Georgia, Idaho, Louisiana |
| States with some level of decriminalization | Oregon, Colorado, New Mexico, District of Columbia, Washtenaw County (Michigan), Somerville (Massachusetts), Cambridge (Massachusetts), Northampton (Massachusetts), Seattle (Washington), Arcata (California) |
| States pursuing psychedelics reform legislation in 2023 | 11 |
| California Senate Bill 58 | Vetoed by Governor Gavin Newsom |
| New York State Representative Amy Paulin's bill | Permits people 18+ to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors |
| Massachusetts voters' rejection of a proposed law | November 2024 |
| UC Berkeley Psychedelics Survey result | 61% of registered US voters support legalizing regulated therapeutic access to psychedelics |
| US Mushroom Council | Collects assessments on fresh market mushrooms, reimburses the Federal government for the cost of administering the program |
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What You'll Learn
Psilocybin mushrooms are illegal in most countries
Psilocybin mushrooms, also known as "magic mushrooms", are considered illegal in most countries. The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. While the mushrooms themselves were not explicitly included in the convention due to pressure from the Mexican government, most national drug laws have been amended to reflect the treaty's terms. These laws include the UK Misuse of Drugs Act 1971, the US Psychotropic Substances Act of 1978, and the Canadian Controlled Drugs and Substances Act.
In many countries, the possession, sale, and production of psilocybin mushrooms are prohibited. However, there is ambiguity and selective enforcement in some jurisdictions. For example, the spores of psilocybin mushrooms, which do not contain the psychoactive compounds, may be legal to possess and sell in certain areas. This loophole has led to an underground economy for the sale of spores and cultivation materials, particularly in places like California, Georgia, and Idaho in the United States, and Germany.
While psilocybin mushrooms remain largely illegal, there have been recent developments towards decriminalization and regulated use in some countries. For instance, in November 2020, Oregon voters passed a ballot initiative that made "magic mushrooms" legal for mental health treatment in supervised settings. Similarly, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-profit distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, and Australia approved their use in prescription medications for PTSD and treatment-resistant depression.
Despite these changes, the regulatory landscape for psilocybin mushrooms remains complex and inconsistent across different regions. The safety, efficacy, and quality of products containing psilocybin are still being evaluated, and ongoing research is exploring the potential therapeutic benefits of these substances for various mental health disorders. While some jurisdictions are embracing decriminalization and regulated use, others maintain strict prohibitions and penalties for psilocybin-related activities.
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The FDA has not clarified mushroom edible regulations
The regulatory landscape surrounding mushrooms is complex and varies across jurisdictions. While some countries have enacted regulations prohibiting or restricting the use of certain mushrooms, the lack of clear guidelines from the FDA has contributed to a grey area in the mushroom market, particularly regarding mushroom edibles.
The FDA has taken action against specific mushrooms, such as the psychoactive mushroom Amanita muscaria, which is not authorised for food due to safety concerns. However, the overall regulatory framework for mushroom edibles remains unclear. The FDA has not provided explicit categorisation for mushroom edibles, leaving them unregulated in terms of dietary supplements, foods, or drugs. This ambiguity has resulted in a challenging situation for manufacturers, consumers, and regulators alike.
The term "mushroom edibles" is not a defined term in the Federal Food, Drug, and Cosmetic Act, leading to inconsistencies in enforcement. The regulatory status of mushroom edibles depends on various factors, including their ingredients and marketing claims. If a product's label makes specific health assertions, it may be classified as a drug, dietary supplement, or food, requiring different regulatory approaches.
The lack of clear guidelines from the FDA has led to concerns about inaccurate labelling and the presence of undisclosed, potentially dangerous, or illegal ingredients in mushroom edible products. The market for psychoactive mushroom edibles has grown significantly, with hundreds of brands available online. However, the absence of standardised regulations makes it challenging to ensure the safety and efficacy of these products.
While the FDA has issued warning letters and expressed safety concerns, the enforcement of regulations surrounding mushroom edibles remains uncertain. The situation is further complicated by the varying legal statuses of mushrooms and their active compounds across different jurisdictions, with some areas decriminalising or regulating the use of specific mushrooms for medicinal or therapeutic purposes. The dynamic nature of mushroom regulation demands ongoing attention and adaptation from both regulators and manufacturers to ensure consumer safety and compliance with evolving legal frameworks.
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The UN Convention requires members to prohibit psilocybin
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 drugs that have “no recognized medical uses”. The United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin, and parties to the treaty are required to restrict the use of the drug to medical and scientific research under strictly controlled conditions.
The UN convention was developed to promote cooperation among member nations to address the issues involved in illicit trafficking of narcotics and psychotropic substances more effectively. It also provides additional funding for the International Narcotics Board to effectively carry out its mandated responsibilities. The convention also encourages member nations to develop programs to prevent addiction and provide medical assistance to those suffering from addiction.
The possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties. In many national, state, and provincial drug laws, there has been ambiguity about the legal status of psilocybin mushrooms, as well as selective enforcement in some places. Most US state courts have considered the mushroom a "container" of illicit drugs, and therefore illegal. However, the mushrooms containing the drug were not specifically included in the convention, due largely to pressure from the Mexican government.
In some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin. In other jurisdictions, they are banned because they are used in drug manufacturing. A few jurisdictions have specifically prohibited the sale and possession of psilocybin mushroom spores, including Germany and some US states. The cultivation of psilocybin mushrooms is considered drug manufacturing in most jurisdictions and is often severely penalized. However, some countries and one US state have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
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US state-regulated psychedelic mushrooms are available
The legal status of psychedelic mushrooms, particularly those containing psilocybin, varies across the United States. While the federal government has classified psilocybin as a Schedule I controlled substance, with "no accepted medical use and a high potential for abuse," several states and cities have taken steps toward decriminalization and regulated use.
In 2019, Denver, Colorado, became the first city in the U.S. to decriminalize psilocybin mushrooms, with a ballot initiative that narrowly passed with 50.6% of the vote. Since then, other cities in California, such as Oakland and Santa Cruz, have followed suit. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised non-medical use through a ballot measure. However, much of this measure was repealed in 2024, effectively recriminalizing psilocybin in the state.
In 2022, Colorado became the second state to decriminalize psilocybin mushrooms, and there is a pending bill in California that would legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin and other psychedelic substances. Additionally, certain jurisdictions, such as the District of Columbia and several cities in Massachusetts, have passed initiatives to decriminalize psilocybin and other entheogenic substances, making arrests for their possession or use a low priority for law enforcement.
The regulatory landscape for psychedelic mushrooms in the U.S. is complex and rapidly evolving. While some states and cities have taken steps toward decriminalization and regulated use, the federal government still classifies psilocybin as a Schedule I controlled substance. This discrepancy has created a patchwork of local and state regulations that vary across the country. Additionally, there is ambiguity in the legal status of mushroom edibles, as the U.S. Food and Drug Administration (FDA) has not clearly specified whether they should be regulated as dietary supplements, foods, or drugs. This lack of clear regulation has led to concerns about inaccurate labeling and the inclusion of undisclosed and potentially dangerous ingredients in mushroom products.
As scientific research on the therapeutic and medicinal potential of psychedelics advances, legal and political support for decriminalization and regulated use of psychedelic mushrooms is also growing. Interactive maps and policy trackers, such as the one developed by the UC Berkeley Center for the Science of Psychedelics, are useful tools for staying informed about the shifting legal landscape surrounding psychedelic policy reform in the United States.
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Inaccurate labelling is common in the mushroom edibles market
The legality of psilocybin mushrooms varies across the world. While the United Nations Convention on Psychotropic Substances 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, there is ambiguity in the legal status of psilocybin mushrooms in many national, state, and provincial drug laws, with some jurisdictions considering the mushrooms a "container" of illicit drugs, while others do not. This ambiguity has led to an active underground economy and an internet-based social network supporting the illicit activity.
In the United States, the federal law that specifically banned psilocybin and psilocin was enacted in 1968, and these substances were classified as Schedule I drugs in 1970. However, the possession and use of psilocybin are prohibited under almost all circumstances, and cultivation is often considered drug manufacture, resulting in severe penalties. Despite this, some jurisdictions, such as the state of New Mexico, have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. Additionally, spores of psilocybin mushrooms, which do not contain the drugs, are legal to possess in many areas, further complicating the legal landscape.
Within this context of regulatory ambiguity, the emergence of "mushroom edibles" in gas stations, smoke shops, and online marketplaces has sparked concerns about their safety and legality. "Mushroom edibles" is not a defined term in the Federal Food, Drug, and Cosmetic Act, according to an FDA spokesperson, who stated that the agency makes "case-by-case evaluations to determine product jurisdiction." This lack of clear definition has allowed brands to skirt regulation, as the categorization of these products depends on their ingredients and marketing claims.
Inaccurate labelling is rampant in the mushroom edibles market, according to Dr. Avery Michienzi, a medical toxicologist at the University of Virginia School of Medicine. Many brands claim to use only non-psychoactive mushrooms like reishi, lion's mane, and chaga but still advertise psychedelic experiences, indicating that the labels may not be truthful. Testing by Michienzi's team and federal regulators has revealed undisclosed and potentially dangerous or illegal ingredients in these products, including psilocybin, kratom, and prescription medications. The situation is further complicated by the fact that some mushroom edibles are labelled as "legal" but contain illicit substances, as was the case with products by the brand Diamond Shruumz, which were linked to hospitalizations and deaths.
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Frequently asked questions
Psilocybin mushrooms are illegal under federal law in the United States, except for clinical research. However, there has been ambiguity about the legal status of psilocybin mushrooms in many national, state, and provincial drug laws. As of 2025, more than a dozen cities nationwide have decriminalized them, and Oregon and Colorado have state-regulated programs.
In 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect in 2021. This bill allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. In 2023, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy.
Psilocybin mushrooms are not regulated by UN treaties. However, the United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin. Parties to the treaty are required to restrict the use of the drug to medical and scientific research under strictly controlled conditions.
There are regulatory challenges regarding the classification of mushroom edibles. The FDA has not clearly specified whether mushroom edibles should be regulated as dietary supplements, foods, or drugs, creating uncertainty for manufacturers and consumers.
