Sarah Brown
Psilocybin, commonly known as magic mushrooms, is currently classified as a Schedule I drug under the Controlled Substances Act (CSA) enacted by the United States Congress in 1970. Schedule I drugs are defined as substances with a high potential for abuse and no recognised medical use. Psilocybin mushrooms have been used for medicinal and religious purposes in various cultures throughout history, and some jurisdictions have recently moved to decriminalise or legalise their use for therapeutic purposes. However, the legal status of psilocybin mushrooms varies worldwide, with some countries and US states specifically prohibiting the sale and possession of these mushrooms and their spores.
| Characteristics | Values |
|---|---|
| Classification | Psilocybin, or "magic mushrooms", are classified as Schedule I drugs under the Controlled Substances Act (CSA) |
| Federal Law | Psilocybin is considered a Schedule I substance under federal law in the United States |
| Potential for Abuse | Psilocybin is considered to have a high potential for abuse |
| Medical Use | Psilocybin currently has no accepted medical use in treatment in the United States |
| Safety | There is a lack of accepted safety for use of psilocybin under medical supervision |
| Prescription | Psilocybin cannot be prescribed by physicians or licensed healthcare providers due to its Schedule I status |
| State-Level Variation | The legal status of psilocybin varies across US states, with some states decriminalizing or deprioritizing its possession |
| Therapeutic Potential | Psilocybin has gained recognition for its potential therapeutic benefits, despite not being approved by the FDA |
| International Status | Psilocybin is listed as a Schedule I drug under the UN 1971 Convention on Psychotropic Substances, but its status varies internationally |
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What You'll Learn
Psilocybin is a Schedule I drug
Psilocybin, the active compound in "magic mushrooms", is a Schedule I drug according to the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as substances with a high potential for abuse and no recognised medical use. Psilocybin mushrooms have been used medicinally and religiously in many cultures throughout history, and some consider their potential for abuse to be lower than that of other Schedule I drugs.
In the United States, the Drug Enforcement Agency (DEA) classifies Psilocybin as a Schedule I substance, indicating that it has a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for use under medical supervision. Federal law prohibits writing prescriptions for Schedule I substances, and they are not readily available for clinical use.
The legal status of psilocybin mushrooms varies worldwide, with many countries having some level of regulation or prohibition. In the US, the federal Food, Drug, and Cosmetic Act was amended in 1965 to regulate the unlicensed "possession, manufacture, or sale" of psilocybin and psilocin, the active compounds in magic mushrooms. This law came into effect in 1966.
Despite federal regulation, the legal status of psilocybin mushrooms in the US is ambiguous and subject to selective enforcement. Most state courts consider the mushrooms themselves illegal, regarding them as a ""container" of illicit drugs. However, the spores of these mushrooms are often legal to possess, as they do not contain psilocybin or psilocin. This loophole has led to an underground economy and social network supporting the sale of spores and cultivation materials.
Recently, there have been some changes in the legal status of psilocybin mushrooms in certain jurisdictions. For example, Oregon and the District of Columbia have passed initiatives allowing the possession and non-profit distribution of psilocybin mushrooms for mental health treatment. Similarly, the Canadian province of Alberta has allowed the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. In 2022, Colorado became the second US state to decriminalise psilocybin mushrooms, and Australia approved their use in prescription medications for treating PTSD and treatment-resistant depression.
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The DEA's definition of Schedule I drugs
Psilocybin ("magic mushrooms") are considered Schedule I drugs under the Controlled Substances Act (CSA) in the United States. Schedule I drugs are defined by the Drug Enforcement Administration (DEA) as substances with a high potential for abuse and no currently accepted medical treatment use in the country. These drugs are also deemed unsafe for use even under medical supervision. Psilocybin mushrooms are not regulated by UN treaties, but they are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances.
In the context of drug scheduling, the DEA categorizes drugs, substances, and certain chemicals used to make drugs into five distinct schedules. This classification is based on the drug's acceptable medical use and its abuse or dependency potential. While Schedule I drugs have the highest risk of abuse, the potential for abuse decreases as the schedule number increases, with Schedule V drugs having the lowest potential for abuse.
Some examples of Schedule I drugs include heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, and 3,4-methylenedioxymethamphetamine ("Ecstasy"). It is important to note that the scheduling of drugs can vary between different jurisdictions. For instance, some U.S. states have legalized marijuana for personal, recreational, or medical use, despite it being classified as a Schedule I drug at the federal level.
The DEA's drug scheduling system aims to provide government oversight over the manufacturing and distribution of controlled substances. Prescribers and dispensers of these drugs are required to have a DEA license, and healthcare practitioners must understand the scheduling to exercise caution when prescribing medications with high abuse potential.
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Ambiguity in the legal status of psilocybin mushrooms
The legal status of psilocybin mushrooms has been ambiguous for several reasons. While the substance psilocybin is classified as a Schedule I controlled substance, the mushrooms themselves are not. This distinction has led to differing interpretations of the law, as the spores of psilocybin mushrooms, which do not contain psilocybin, are legal to possess in many areas. This loophole has resulted in an active underground economy for the sale of spores and cultivation materials.
The ambiguity is further compounded by the fact that the cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions, yet some countries and one US state (New Mexico) have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. Additionally, the spores of psilocybin mushrooms can be legally sold and possessed in some jurisdictions, further complicating the legal landscape.
The legal status of psilocybin mushrooms has also been subject to change over time. In November 2020, Oregon voters 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, allowing for the personal use and private cultivation of small amounts for adults aged 21 and older. However, the federal law still classifies psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow in most states.
The ambiguity in the legal status of psilocybin mushrooms has led to varying levels of enforcement across different jurisdictions. While some places have strictly enforced the prohibition of psilocybin mushrooms, others have deprioritized enforcement, focusing on policy changes rather than legal amendments. The changing attitudes and evidence regarding the therapeutic benefits of psilocybin have also contributed to the evolving legal landscape surrounding these substances.
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US state laws on psilocybin mushrooms
Psilocybin mushrooms, colloquially known as "'magic mushrooms", are illegal in the United States under federal law. They are classified as a Schedule I substance under the Controlled Substances Act (CSA). Schedule I drugs are defined as substances with a high potential for abuse and no recognised medical use. However, the legal status of psilocybin mushrooms varies across different states and cities in the US, with some places decriminalising or legalising their use for medicinal purposes.
In May 2019, Denver, Colorado became the first city in the US to decriminalise psilocybin mushrooms, with a ballot initiative winning 50.6% of the vote. Since then, several other cities and states have followed suit in decriminalising or legalising psilocybin mushrooms.
In November 2020, Oregon became the first state to decriminalise psilocybin and legalise its supervised non-medical use after the Ballot Measure 109 passed with voter approval. This made "magic mushrooms" legal for mental health treatment in supervised settings from February 2021. In November 2020, the District of Columbia also passed Initiative 81, known as the Entheogenic Plant and Fungus Policy Act of 2020, which decriminalised psilocybin drugs and made arrests for their possession or use the lowest priority for police.
Other cities that have decriminalised psilocybin mushrooms include Oakland and Santa Cruz in California, Ann Arbor in Michigan, Somerville, Cambridge, and Northampton in Massachusetts, Seattle in Washington, and Detroit in Michigan. In July 2023, Minneapolis, Minnesota, joined the list by decriminalising entheogenic plants and fungi via a mayoral executive order.
While the trend towards decriminalisation and legalisation of psilocybin mushrooms is growing, it is important to note that the substance remains illegal under federal law, and possession and use can result in fines and prison sentences. However, smaller-scale offences are often handled at the state level, and enforcement varies across different jurisdictions.
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Psilocybin's potential for abuse
Psilocybin, a hallucinogenic substance found in certain types of mushrooms, is classified as a Schedule I substance by the United States Drug Enforcement Agency (DEA). This classification indicates that the DEA considers psilocybin to have a high potential for abuse and no legitimate medical purpose.
While current research does not suggest that psilocybin is addictive, there are potential risks associated with its use. Users may experience disturbing hallucinations, anxiety, and panic, and in rare cases, hallucinogen-persisting perception disorder, characterised by visual flashbacks that can occur anywhere from weeks to years after ingesting the drug. Additionally, there is a risk of accidental poisoning from consuming poisonous mushrooms.
The legal status of psilocybin mushrooms varies worldwide, with some countries and jurisdictions prohibiting or regulating their use. In the United States, the possession, manufacture, and sale of psilocybin mushrooms are regulated by the federal government, and cultivation is often considered drug manufacture. However, there is ambiguity in the legal system, as some states have decriminalised psilocybin mushrooms and spores, contributing to an active underground economy.
Despite the concerns about abuse potential, there is ongoing research into the therapeutic benefits of psilocybin. Psilocybin has been studied for its potential to treat mental health disorders such as substance use disorders, depression, post-traumatic stress disorder (PTSD), anxiety, and obsessive-compulsive disorder. Its ability to bind to and activate serotonin receptors in the brain may contribute to its therapeutic effects. Additionally, psilocybin has a low level of toxicity, reducing the risk of fatal events like breathing problems or heart attacks.
In conclusion, while psilocybin is currently classified as a Schedule I substance due to its potential for abuse, ongoing research suggests that its therapeutic benefits may warrant reconsideration. Further studies are needed to fully understand the abuse potential and the effectiveness of psilocybin as a treatment option.
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Frequently asked questions
Psilocybin, also known as "magic mushrooms," is currently classified as a Schedule 1 drug under the Controlled Substances Act (CSA) by the United States Drug Enforcement Agency (DEA). Schedule 1 drugs are defined as substances with a high potential for abuse and no accepted medical use or safety profile for use under medical supervision.
Psilocybin is a chemical found in certain mushrooms and has been used for thousands of years by indigenous peoples in parts of Mexico and Central America for sacred and traditional purposes.
The legal status of magic mushrooms varies across different jurisdictions in the United States. While they are classified as Schedule 1 at the federal level, some states like Colorado, Oregon, and the District of Columbia have decriminalized or deprioritized their possession. Other states have proposed or enacted legislation to regulate the production, sale, or supervised administration of psilocybin.
