Emily Johnson
Psilocybin mushrooms, also known as magic mushrooms, are considered a Schedule I drug by the US government and the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. However, psilocybin mushrooms have been used medicinally and religiously in various cultures throughout history, and some researchers argue that they have a significantly lower potential for abuse than other Schedule I drugs. The legal status of psilocybin mushrooms varies worldwide, with some countries and US states decriminalizing or regulating their use for medicinal or therapeutic purposes.
| Characteristics | Values |
|---|---|
| Legal status | Psilocybin and psilocin are Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. |
| Schedule I definition | Drugs with a high potential for abuse and no recognized medical uses. |
| Psilocybin mushroom status | The mushrooms containing psilocybin and psilocin were not specifically included in the 1971 convention, and their legal status varies worldwide and even within the US. |
| US federal law | Psilocybin mushrooms are classified as Schedule I drugs under the Controlled Substances Act, which means they have no accepted medical use and a high potential for abuse. |
| US state laws | US states including California, Georgia, Idaho, Colorado, and Oregon have amended laws to decriminalize or legalize psilocybin mushrooms for medicinal or mental health treatment purposes. |
| Other countries | Canada, the UK, and Australia have also amended laws to allow the use of psilocybin for medicinal purposes. |
| Safety and abuse potential | Psilocybin has a relatively low risk and low abuse potential compared to other drugs. |
| Therapeutic benefits | Psilocybin has shown promise in treating treatment-resistant depression, post-traumatic stress, addiction, and existential anxiety in people with life-threatening cancer. |
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What You'll Learn
- Magic mushrooms are Schedule I drugs with no accepted medical use
- Psilocybin mushrooms have been used medicinally and religiously in many cultures
- The UN Convention on Psychotropic Substances requires members to prohibit psilocybin
- Some US states have decriminalised psilocybin mushrooms or legalised for mental health treatment
- Researchers suggest reclassifying psilocybin as a Schedule IV drug
Magic mushrooms are Schedule I drugs with no accepted medical use
Magic mushrooms, or psilocybin mushrooms, are considered Schedule I drugs, meaning they are illicit and claimed to have no accepted medical use and a high potential for abuse. This classification carries strict restrictions, including a prohibition on writing prescriptions and clinical use. While some jurisdictions have specifically prohibited the sale and possession of these mushrooms and their spores, others have decriminalised their use, highlighting the ambiguity in the legal status of psilocybin mushrooms.
Psilocybin mushrooms have a long history of medicinal and religious use in various cultures, and recent studies have reignited interest in their therapeutic potential. Researchers from Johns Hopkins University have suggested reclassifying psilocybin as a Schedule IV drug, similar to prescription sleep aids, citing its relatively low risk and low abuse potential. These studies indicate that psilocybin can provide rapid and lasting relief for treatment-resistant depression, post-traumatic stress, and addiction.
The push for reclassification is supported by animal and human studies demonstrating psilocybin's low potential for abuse. Rats, for example, do not repeatedly seek out psilocybin in the same way they do for other drugs, and human studies show that individuals typically use psilocybin a few times across their lifetime. Additionally, psilocybin carries the lowest potential for lethal overdose as there is no known overdose level.
Despite these findings, it is important to acknowledge that psilocybin is not without risks. The potential for harm exists, particularly in recreational settings, and the drug's effects can be more or less harmful depending on the legal and cultural context. Nonetheless, the conversation around reclassification aims to facilitate psilocybin's integration into clinical settings and minimise future logistical hurdles.
The complex history of psychedelic research, influenced by political resistance and drug wars, has impacted the perception and legal status of magic mushrooms. While their classification as Schedule I drugs persists, the growing body of research and changing legal landscape suggest a potential shift in the future.
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Psilocybin mushrooms have been used medicinally and religiously in many cultures
Psilocybin mushrooms, commonly known as magic mushrooms or shrooms, are hallucinogenic and have the potential to alter a person's sense of reality. They have been used medicinally and religiously in many cultures.
There is evidence that indigenous people in Central America used psilocybin mushrooms for healing and spiritual rituals as early as 3000 B.C. The Aztecs and Mazatecs referred to these mushrooms as genius mushrooms, wondrous mushrooms, and divinatory mushrooms. The Spanish believed that these mushrooms allowed the Aztecs to communicate with demons, and Catholic missionaries campaigned against their use. However, the use of psilocybin mushrooms has persisted in some remote areas.
Psilocybin mushrooms may also be depicted in Stone Age rock art in Africa and Europe. They are more certainly represented in pre-Columbian sculptures and glyphs seen throughout the Americas. For example, 6,000-year-old pictographs discovered near the Spanish town of Villar del Humo illustrate several mushrooms that have been identified as Psilocybe hispanica, a hallucinogenic species native to the area.
Archaeological artifacts from Mexico and the so-called Mayan "mushroom stones" of Guatemala also suggest the ritual and ceremonial use of psychoactive mushrooms in Mayan and Aztec cultures. The Tassili Mushroom Figure discovered in Tassili, Algeria, is believed to depict psychedelic mushrooms and the transformation of the user under their influence. These paintings date back to 9000-7000 B.C.
In modern times, psilocybin mushrooms have been used in research studies and drug-assisted psychotherapy. Timothy Leary and Richard Alpert started the Harvard Psilocybin Project in 1960, promoting psychological and religious studies of psilocybin and other psychedelic drugs. They conducted research with psilocybin on prisoners in the 1960s, and the results showed a decrease in the recidivism rate.
Today, psilocybin mushrooms are being studied for their potential to treat mental health disorders such as substance use disorders, depression, anxiety, and obsessive-compulsive disorder. In 2022, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes. Similarly, Australia approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression in 2023.
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The UN Convention on Psychotropic Substances requires members to prohibit psilocybin
Psilocybin mushrooms, often referred to as "magic mushrooms", are fungi that contain the drug psilocybin and have hallucinogenic effects on those who consume them. The legal status of psilocybin mushrooms varies worldwide, with many countries having some level of regulation or prohibition in place.
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, which was an amendment to the federal Food, Drug and Cosmetic Act. The law was intended to regulate the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs".
On 27 October 1970, 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. Schedule I drugs are defined as illicit drugs that are claimed to have no known therapeutic benefit and a high potential for abuse. Psilocybin mushrooms are considered a ""container" of these illicit drugs and are therefore illegal under US federal law. However, there has been ambiguity and selective enforcement regarding the legal status of psilocybin mushrooms in some US states. For example, in 2020, Oregon passed a ballot initiative that made "magic mushrooms" legal for mental health treatment in supervised settings. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms.
The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin. This international treaty mandates that signatories restrict the use of psilocybin to medical and scientific research under strictly controlled conditions. However, the mushrooms containing the drug were not specifically included in the convention due to pressure from the Mexican government, among other factors.
While the UN Convention on Psychotropic Substances does not directly regulate psilocybin mushrooms, many countries have implemented their own legislation to address these substances. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act all contain provisions regarding psilocybin mushrooms. In some jurisdictions, the spores of psilocybin mushrooms are legal to possess and sell because they do not contain the drugs psilocybin and psilocin. However, in other jurisdictions, such as Germany and several US states, the possession and sale of psilocybin mushroom spores are explicitly prohibited.
The legal status of psilocybin mushrooms is evolving, with an increasing number of jurisdictions considering the potential therapeutic benefits of these substances and relaxing their regulations accordingly.
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Some US states have decriminalised psilocybin mushrooms or legalised for mental health treatment
Psilocybin mushrooms, also known as "magic mushrooms", 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 have been used medicinally and religiously in dozens of cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
In the United States, the legal status of psilocybin mushrooms varies across states. In May 2019, Denver, Colorado, became the first city in the US to decriminalise psilocybin mushrooms after a ballot initiative. In 2022, Colorado became the second US state to decriminalise the substance. On 3 November 2020, Oregon also passed a ballot initiative that made psilocybin mushrooms legal for mental health treatment. In August 2024, the City Council in Olympia, Washington, decriminalised psilocybin mushrooms, and in March 2025, Colorado State Regulators issued the first sets of licenses for medical-assisted use.
Other US states have also introduced bills and initiatives to decriminalise psilocybin. In May 2020, New York Assemblywoman Linda Rosenthal introduced a decriminalisation bill, citing ongoing medical research and successful efforts in other cities. In November 2020, California Senator Scott Wiener introduced a bill to decriminalise psychedelics such as psilocybin, and in November 2024, Massachusetts voters rejected a law that would have legalised the possession and personal cultivation of certain naturally occurring psychedelics for adults over 21. In October 2023, 'Massachusetts for Mental Health Options' received approval from the state attorney general to pursue a ballot initiative for the 2024 elections, which sought to legalise psychedelics in the state. Since the start of the 2025 legislative session, more than 36 psychedelics-related bills have been introduced across over a dozen states.
While some jurisdictions have decriminalised or legalised psilocybin mushrooms, other states have specifically prohibited the sale and possession of the substance. US states like California, Georgia, and Idaho have enacted laws to criminalise the possession of psilocybin mushroom spores. Cultivation of psilocybin mushrooms is often considered drug manufacture and is severely penalised. However, the state of New Mexico has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
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Researchers suggest reclassifying psilocybin as a Schedule IV drug
Psilocybin mushrooms, also known as "magic mushrooms", have been used for millennia for spiritual and medical purposes. In many national, state, and provincial drug laws, there is ambiguity about the legal status of psilocybin mushrooms. Most US state courts have considered the mushroom a "container" of illicit drugs, and therefore illegal. However, spores of psilocybin mushrooms do not contain the drugs and are legal to possess in many areas.
In 1970, psilocybin and psilocin became classified as Schedule I drugs, claimed to have no known therapeutic benefit. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. Psilocybin mushrooms, however, have had numerous medicinal and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
In an evaluation of the safety and abuse research on the drug in hallucinogenic mushrooms, Johns Hopkins researchers suggest that if psilocybin clears the current phase III clinical trials, it should be reclassified to a Schedule IV drug such as prescription sleep aids, but with tighter control. Schedule IV drugs are those that have a low potential for abuse or dependence. Studies in animals and humans both show low potential for abuse, and people who have used psilocybin typically report using it a few times across their lifetime.
In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. On 5 February 2023, Australia approved psilocybin and MDMA in prescription medications for the treatment of PTSD and treatment-resistant depression.
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Frequently asked questions
Psilocybin and psilocin, the hallucinogenic substances found in magic mushrooms, are Schedule 1 drugs in the US, with no accepted medical use and a high potential for abuse. However, the mushrooms themselves are not specifically included in the United Nations 1971 Convention on Psychotropic Substances.
Schedule 1 drugs are illicit drugs that are claimed to have no known therapeutic benefit. They are not readily available for clinical use and no prescriptions may be written for them.
The legal status of magic mushrooms varies across the US. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. However, in many states, magic mushrooms are considered illegal as they are seen as a "container" of illicit drugs.
Studies in both animals and humans have shown a low potential for abuse of psilocybin. When given the option, rats do not choose psilocybin in the same way they do for drugs such as cocaine, alcohol or heroin. Similarly, people who have used psilocybin tend to report only using it a few times.
