Sarah Brown
The regulation of mushrooms, specifically psilocybin mushrooms, also known as magic mushrooms, varies worldwide. Psilocybin is a psychedelic drug naturally produced by these mushrooms and is federally classified as a Schedule I controlled substance in the United States, making it illegal to possess, manufacture, or distribute. However, some jurisdictions have enacted laws to specifically prohibit the sale and possession of psilocybin mushroom spores, while others have ruled that growing them does not qualify as manufacturing a controlled substance. The legal status of psilocybin mushrooms is ambiguous in many places, with some countries and cities decriminalizing or deprioritizing their enforcement, while they remain illegal under federal law in most US states.
| Characteristics | Values |
|---|---|
| Psilocybin and psilocin classification | 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. |
| National, state, and provincial drug laws | Many countries have some level of regulation or prohibition of psilocybin mushrooms. There is ambiguity and selective enforcement in some places. |
| United States federal law | Psilocybin mushrooms are federally classified as Schedule I controlled substances under the Controlled Substances Act, making it illegal to possess, sell, or grow. |
| US state laws | Colorado, Oregon, and the District of Columbia have legalized or decriminalized psilocybin mushrooms for certain uses, such as clinical research, therapeutic purposes, or personal use for adults. Other states are pursuing similar reforms. |
| Canadian provincial laws | Alberta has regulated and allowed the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. |
| Other countries | Australia has approved the use of psilocybin in prescription medications for treating PTSD and treatment-resistant depression. Germany has specifically criminalized the possession of psilocybin mushroom spores. |
| Religious use | The Drug Enforcement Administration (DEA) has established a petition process for religious exemptions to the Controlled Substances Act, but it has been criticized for a lack of clear timeframes and granting of exemptions. |
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What You'll Learn
- Psilocybin mushrooms are classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances
- In the US, the Drug Abuse Control Amendments of 1965 first subjected psilocybin to federal regulation
- The possession and use of psilocybin mushrooms are prohibited under almost all circumstances in the UK
- In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms
- In 2024, Massachusetts voters rejected a law that would have legalized the possession and personal cultivation of psychedelics
Psilocybin mushrooms are classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances
Psilocybin mushrooms, also known as "magic mushrooms", have been consumed for spiritual and divinatory purposes in various cultures for centuries. In the modern era, however, the use of these mushrooms has been heavily regulated by governments worldwide.
The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its signatories to prohibit the use of psilocybin, restricting it to medical and scientific research under controlled conditions. While the convention does not specifically mention psilocybin mushrooms, most national drug laws have been amended to reflect the terms of the convention, resulting in the regulation or prohibition of psilocybin mushrooms in many countries.
The legal status of unauthorised actions involving psilocybin mushrooms varies globally. In some jurisdictions, the sale and possession of psilocybin mushroom spores are prohibited, while in others, they are legal because the spores do not contain the psychoactive compounds psilocybin and psilocin. The cultivation of psilocybin mushrooms is generally considered drug manufacture and is often severely penalised. However, a few jurisdictions, such as New Mexico in the United States, have ruled that growing psilocybin mushrooms does not constitute the "manufacturing" of a controlled substance.
In recent years, there has been a growing movement towards the decriminalisation of psilocybin mushrooms in some places. For example, in November 2020, Oregon voters approved the use of "magic mushrooms" for mental health treatment, and in 2022, Colorado became the second US state to decriminalise psilocybin mushrooms. These developments reflect a shift in attitudes towards the therapeutic potential of psilocybin mushrooms and a recognition of their traditional use in various cultures.
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In the US, the Drug Abuse Control Amendments of 1965 first subjected psilocybin to federal regulation
In the United States, the Drug Abuse Control Amendments of 1965 were the first instance of federal regulation of psilocybin. This law was passed in July 1965 and came into effect on 1 February 1966. It was an amendment to the federal Food, Drug and Cosmetic Act, which aimed to regulate the unlicensed possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs. The statutes did not explicitly list the hallucinogenic drugs under regulation, but the term was meant to refer to substances believed to have a hallucinogenic effect on the central nervous system.
The Drug Abuse Control Amendments of 1965 were a response to the growing concern among physicians about the abuse of stimulant, sedative, and tranquilizing drugs, as well as the increasing number of addicts seeking medical help. There was also evidence that the use of barbiturates, amphetamines, and similar agents was contributing to a rising number of automobile accidents. Despite the strict provisions of the law, many people were exempt from prosecution. The statutes permitted people to possess such drugs for personal use, for a member of their household, or for administration to an animal.
Following the Drug Abuse Control Amendments of 1965, psilocybin and psilocin became classified as Schedule I drugs under the Comprehensive Drug Abuse Prevention and Control Act, also known as the Controlled Substances Act, in October 1970. Schedule I drugs are defined as illicit substances with no known therapeutic benefit and a high potential for abuse. Psilocybin mushrooms, however, have a long history of medicinal and religious use in various cultures and are considered to have a significantly lower potential for abuse than other Schedule I drugs.
While psilocybin and psilocin are federally regulated in the US, the legal status of unauthorised actions with psilocybin mushrooms varies across different states and jurisdictions. Some states, like Oregon and Colorado, have decriminalised psilocybin mushrooms for mental health treatment and personal use, while others, like California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores. The possession and use of psilocybin mushrooms are prohibited under almost all circumstances in most US state courts, which consider the mushroom a "container" of illicit drugs.
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The possession and use of psilocybin mushrooms are prohibited under almost all circumstances in the UK
Psilocybin mushrooms, commonly known as "magic mushrooms", contain psilocybin, a psychedelic drug. The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin. While the mushrooms containing the drug were not specifically included in the convention, most national drug laws have been amended to reflect the terms of the convention.
In the UK, the Misuse of Drugs Act 1971 was enacted to comply with the UN convention. This legislation classifies psilocybin and psilocin, the psychoactive constituents of the mushrooms, as Class A drugs. As a result, the possession and use of psilocybin mushrooms are prohibited under almost all circumstances in the UK. The UK's strict regulations regarding psilocybin mushrooms stand in contrast to the country's historical association with the substance.
While the gathering and possession of fresh mushrooms have never been an offence in Britain, the courts have ruled that mushrooms that have been dried or "altered by the hand of man" constitute a Class A drug. This includes mushrooms that have been frozen and packaged for sale. The sale of psychedelic mushrooms and growing kits is also not prohibited, with retailers taking advantage of this loophole in British law. However, the Camden Mushroom Company was told that it could not distribute information about the mushrooms because its staff were not qualified herbalists.
Despite the regulatory landscape, there have been calls for the UK government to change its stance on psilocybin mushrooms. Proponents argue that psychedelic-assisted therapy has shown promise in treating severe mental health conditions, and that research in this area should be enabled rather than hindered. In response to these calls for change, British policymakers have taken some steps towards reviewing the regulations surrounding psilocybin mushrooms. For example, a recent report authored by Members of Parliament (MPs) recommended the "urgent" rescheduling of psychedelics to facilitate larger-scale research and trials.
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In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms
Psilocybin mushrooms, commonly known as "magic mushrooms", have been used in various cultures throughout history for medicinal and religious purposes. However, due to their potential for abuse and lack of recognized medical uses, they are regulated by governments worldwide. In the United States, psilocybin is classified as a Schedule I controlled substance, making it illegal under federal law. Despite this, there has been a growing movement to decriminalize and legalize psilocybin mushrooms for therapeutic and medicinal purposes.
The decriminalization of psilocybin mushrooms in Colorado represents a significant shift in drug policy and a growing recognition of the potential benefits of psychedelics. While it is a step towards responsible use and alternative treatments for mental health challenges, it is important to note that psilocybin mushrooms are not legalized for recreational use in Colorado. The sale of psilocybin mushrooms remains illegal, and individuals can only legally obtain them through licensed businesses and therapy sessions with trained facilitators.
The regulatory landscape surrounding psilocybin mushrooms is evolving, with a focus on therapeutic use. Colorado's decision to decriminalize has sparked discussions and initiatives in other states, such as New Mexico, California, and New York, exploring similar reforms. Additionally, the Drug Enforcement Administration (DEA) has been petitioned to improve its religious exemption process for psilocybin mushrooms and other controlled substances under the Religious Freedom Restoration Act. While there are still complexities and uncertainties in the legal landscape, the trend towards decriminalization and the exploration of therapeutic applications for psilocybin mushrooms is gaining momentum.
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In 2024, Massachusetts voters rejected a law that would have legalized the possession and personal cultivation of psychedelics
The consumption and distribution of psychedelic substances, including psilocybin mushrooms, are regulated by governments worldwide. Psilocybin and psilocin are classified as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which requires members to prohibit their use outside of strictly controlled medical and scientific contexts. While the convention did not specifically mention psilocybin mushrooms, many countries have since implemented regulations or prohibitions concerning them.
In the United States, psilocybin mushrooms are federally classified as Schedule I controlled substances, indicating their purported lack of medical use and high potential for abuse. However, in recent years, there has been a growing movement to decriminalize or legalize psychedelics at the state level. In November 2024, Massachusetts voters notably rejected a law, known as Question 4, that would have legalized the possession and personal cultivation of certain naturally occurring psychedelics for individuals over the age of 21. This initiative, proposed by an initiative petition, aimed to decriminalize the use of five psychedelic compounds, most notably psilocybin, commonly known as "magic mushrooms," as well as psilocyn, dimethyltryptamine, mescaline, and ibogaine.
The rejection of Question 4 by Massachusetts voters reflected a cautious approach to psychedelic substances, aligning with the current federal classification and regulations. This decision stood in contrast to the actions taken by several other states that have moved towards decriminalization or legalization. For instance, in November 2020, Oregon voters approved the legalization of "magic mushrooms" for mental health treatment, and in 2022, Colorado became the second state to decriminalize psilocybin mushrooms. Additionally, as of February 2024, 26 local jurisdictions across the United States had either decriminalized psilocybin possession or deprioritized its policing and prosecution.
The trend towards decriminalization and legalization of psychedelics in some states reflects evolving perspectives on the potential therapeutic benefits of substances like psilocybin mushrooms. However, the rejection of the proposed law in Massachusetts highlights the ongoing debate and varied approaches to regulating these substances. While some advocate for increased accessibility and exploration of their therapeutic potential, others emphasize the need for caution and strict control, as reflected in the current federal classification and the decision of Massachusetts voters.
The regulatory landscape surrounding psychedelics, including psilocybin mushrooms, is dynamic and subject to ongoing review and revision. While some jurisdictions are embracing decriminalization and therapeutic use, others maintain stricter prohibitions. As research and public discourse on the topic evolve, the legal status of psychedelics may continue to shift, with governments reevaluating their approaches to balance public health, safety, and potential therapeutic applications.
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Frequently asked questions
Psilocybin mushrooms, commonly known as "magic mushrooms", are regulated by the government in many countries. In the United States, they are federally classified as a Schedule I controlled substance, making it illegal to possess, sell, or grow. However, some states like Colorado and Oregon have legalized certain uses, and a few cities have deprioritized enforcement.
The laws regarding the possession and use of psilocybin mushrooms vary across different jurisdictions. In some places, such as Oregon and Colorado in the US, the possession and personal cultivation of small amounts of psilocybin mushrooms for personal use have been legalized or decriminalized. However, in other places, possession and use may be prohibited and carry legal penalties.
Yes, there are ongoing efforts to reform the legal status of psilocybin mushrooms. In the US, lawmakers in several states are pursuing psychedelics reform legislation. Additionally, there have been initiatives to decriminalize or deprioritize enforcement of laws related to psilocybin mushrooms in cities like Oakland, Washington, DC, and Seattle.
Psilocybin mushrooms have been reported to have therapeutic and medicinal benefits, particularly in the treatment of mental illnesses and PTSD. However, there are also risks associated with their use, including potential toxicity, nausea, vomiting, muscle weakness, and increased heart rate. Additionally, there is a risk of mistakenly ingesting poisonous mushrooms.
