Emily Johnson
Psilocybin mushrooms, also known as magic mushrooms or shrooms, are primarily illegal to consume, possess, grow or sell under federal and most states' laws. They are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which are defined as drugs with a high potential for abuse and no recognised medical uses. However, the mushrooms have had numerous medicinal and religious uses in several cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs. As a result, there is growing scientific research and political support for their therapeutic and medicinal potential, leading to legal and policy reforms in various localities, particularly in North America.
| Characteristics | Values |
|---|---|
| Legal Status | Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. |
| Legal Status in the US | Psilocybin was first subjected to federal regulation by the Drug Abuse Control Amendments of 1965. It is illegal to possess, sell, or grow psilocybin mushrooms under federal law and most state laws. |
| Legal Status in the UK | Psilocybin mushrooms are regulated by the Misuse of Drugs Act 1971. |
| Legal Status in Canada | Psilocybin mushrooms are regulated by the Controlled Drugs and Substances Act. |
| Legal Status in Oregon | Magic mushrooms were legalized for mental health treatment in supervised settings from February 1, 2021. |
| Legal Status in California | A bill is pending in the California State Legislature that would legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin. Cultivating psilocybin mushrooms is a misdemeanor offense. |
| Legal Status in New Mexico | Growing psilocybin mushrooms is not considered drug manufacturing and does not qualify as "manufacturing" a controlled substance. |
| Legal Status in Washington D.C. | The enforcement of psychedelics' illegality is the lowest law enforcement priority. |
| Legal Status in Colorado | Certain uses of psilocybin mushrooms have been legalized. |
| Physiological Effects | Nausea, vomiting, muscle weakness, and increased heart rate. |
| Psychological Effects | Altered perceptions of reality, euphoria, mood changes, fear, panic, and hallucinations. |
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What You'll Learn
Psilocybin is a Schedule I drug
Psilocybin, the compound responsible for the hallucinogenic effects of magic mushrooms, is classified as a Schedule I drug under the federal Controlled Substance Act in the United States. Schedule I drugs are defined as substances with a high potential for abuse and no recognized medical uses. Psilocybin meets these criteria according to federal law, which states that it has no currently accepted medical treatment use and a lack of safety profile for use under medical supervision.
The classification of psilocybin as a Schedule I drug carries significant legal implications. Under federal law, it is illegal to possess, sell, or grow psilocybin mushrooms. Simple possession is classified as a misdemeanor, punishable by up to one year in prison and a minimum fine of $1,000. Subsequent convictions carry harsher penalties, with increased minimum sentences for both incarceration and fines. Growing and cultivating psilocybin mushrooms is considered a more serious offense, carrying a maximum penalty of 20 years in federal prison and a $1,000,000 fine.
While psilocybin is classified as a Schedule I drug at the federal level, it is important to note that some U.S. states have enacted their own legislation regarding the compound. For example, Oregon has legalized certain uses of psilocybin, and California has taken a more lenient approach to possession and cultivation, with a bill pending to legalize specified quantities of psilocybin. These state-level reforms conflict with federal law, and compliance with state law does not protect individuals from potential federal prosecution.
The legal status of psilocybin also varies internationally. The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin, although the mushrooms themselves were not specifically included due to pressure from the Mexican government. Many countries have amended their national drug laws to reflect the terms of the convention, resulting in the regulation or prohibition of psilocybin mushrooms worldwide. However, some jurisdictions allow the sale and possession of psilocybin mushroom spores, as they do not contain the controlled substances psilocybin or psilocin.
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Magic mushrooms are illegal in most US states
Psilocybin mushrooms, commonly known as "magic mushrooms" or "shrooms", are considered illegal in most US states due to their classification as a Schedule I drug under federal law. Schedule I drugs are defined as substances with a high potential for abuse and no recognised medical value. This classification makes it illegal to possess, sell, or cultivate psilocybin mushrooms in most states. Federal law considers simple possession of psilocybin mushrooms a misdemeanour, punishable by up to a year in prison and a minimum fine of $1,000. Subsequent convictions carry harsher penalties, with a second conviction resulting in up to two years of incarceration and a minimum $2,500 fine.
However, there are some exceptions to the blanket illegality of magic mushrooms in the US. Certain states and cities have taken steps towards decriminalisation or legalisation for specific purposes. For example, Oregon has passed a ballot initiative legalising the use of magic mushrooms for mental health treatment in supervised settings. Similarly, in Colorado and Oregon, certain uses of psilocybin mushrooms have been legalised, and some cities like Oakland and Washington, DC, have deprioritised arrest and prosecution for personal possession.
The legal status of psilocybin mushrooms is evolving as scientific research highlights their therapeutic and medicinal potential. This has led to increasing legal and political support for their decriminalisation or regulated use. However, it is important to note that even in states where magic mushrooms are legal for specific purposes, their possession, cultivation, and sale may still conflict with federal law, exposing individuals to potential federal prosecution.
While the trend towards decriminalisation and legalisation of psilocybin mushrooms is growing, it is crucial to stay informed about the specific laws and regulations in your state or locality. The legal status of psilocybin mushrooms varies, and non-compliance with state or federal law can result in significant legal consequences.
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Oregon and Colorado have legalised certain uses
Psilocybin mushrooms, often referred to as "magic mushrooms", are illegal to possess, sell, or grow in most countries and US states due to their classification as a Schedule I drug under the federal Controlled Substance Act. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses.
However, Oregon and Colorado have legalized certain uses of psilocybin mushrooms, specifically for mental health treatment in supervised settings. In Oregon, this legalization came into effect on February 1, 2021, after voters passed a ballot initiative in November 2020. This initiative allows for the legal use of "magic mushrooms" under supervised conditions for mental health treatment.
Colorado has also legalized certain uses, although the specific details of these laws were not immediately clear. It is important to note that these state-level permitted uses conflict with federal law, and compliance with state law does not shield individuals from possible federal prosecution.
The shift towards legalization in Oregon and Colorado is part of a growing trend of localities, particularly in North America, revising their legal frameworks regarding psychedelics. This trend is driven by increasing scientific research highlighting the therapeutic and medicinal potential of psychedelics, which has garnered growing legal and political support.
While the legalization of psilocybin mushrooms in Oregon and Colorado represents a significant step forward, it is important for individuals to stay informed about the specific laws and regulations in their respective states to avoid potential legal repercussions.
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Cultivation is considered drug manufacture
Psilocybin mushrooms, often referred to as "magic mushrooms" or "shrooms", are considered illegal to consume, possess, grow, or sell under federal and most states' laws. The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. While some countries and jurisdictions have specific prohibitions on the sale and possession of these mushrooms and their spores, the cultivation of psilocybin mushrooms is often regarded as drug manufacture, which can result in severe penalties.
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, which aimed to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. Psilocybin is classified as a Schedule I drug under the federal Controlled Substance Act, indicating that it is considered to have no recognised medical use and a high potential for abuse. However, psilocybin mushrooms have been used medicinally and religiously in numerous cultures throughout history, and their potential for abuse is significantly lower than that of other Schedule I drugs.
The cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions and is often met with severe penalties. In Arizona, Kansas, and Washington, growing or cultivating these mushrooms falls under illegal drug manufacturing laws, which can result in felony charges. On the other hand, California has exempted the cultivation of psilocybin mushrooms from its harsh illegal drug manufacturing laws, making it a misdemeanour offence. Similarly, New Mexico courts have ruled that growing psilocybin mushrooms does not meet the definition of "manufacturing" under its drug laws, as long as there is no evidence of the extraction of the illegal substance.
While the possession and use of psilocybin mushrooms are prohibited in most circumstances, there have been recent legal developments in some jurisdictions. For example, Oregon has legalised the use of "magic mushrooms" for mental health treatment in supervised settings, and Colorado has legalised certain uses as well. Additionally, some cities have deprioritised arrest and prosecution for personal possession of psilocybin. However, these permitted uses may still conflict with federal law, and individuals could potentially face federal prosecution despite complying with state law.
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Spores are legal to sell and possess in some places
The legal status of psilocybin mushrooms varies worldwide. While psilocybin is classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, the mushrooms containing the drug were not specifically included in the convention. This has led to varying legal statuses for psilocybin mushrooms and their spores globally and even within individual countries like the United States.
In the US, federal law and most state laws classify psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow. However, some states and cities have enacted legislation that conflicts with federal law. For example, Oregon has passed a ballot initiative that legalizes the use of "magic mushrooms" for mental health treatment in supervised settings. Colorado has also legalized certain uses, and cities like Oakland and Washington, DC, have made the enforcement of psychedelics' illegality the lowest priority for law enforcement.
Despite the changing legal landscape, the cultivation of psilocybin mushrooms is generally considered drug manufacturing and is often severely penalized. However, a notable exception is New Mexico, which has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. California has also exempted the cultivation of psilocybin mushrooms from its harsh illegal drug manufacturing laws, making it a misdemeanor offense.
Within this complex legal context, the legality of possessing and selling psilocybin spores specifically comes into focus. Spores are the reproductive cells of fungi, and in some jurisdictions, they are legal to possess and sell because they do not contain psilocybin or psilocin, the psychoactive compounds found in mature psilocybin mushrooms. This is the case in California, which has exempted spores from its drug manufacturing laws, and New Mexico, where growing psilocybin mushrooms is not considered manufacturing. However, other jurisdictions, such as California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores.
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Frequently asked questions
Psilocybin mushrooms are illegal to consume, possess, grow, or sell under federal and most state laws in the United States. However, some states like California, Oregon, Colorado, and New Mexico have legalized or decriminalized their use to varying degrees.
Under federal law, simple possession of psilocybin mushrooms is a misdemeanor punishable by up to one year in prison and a minimum fine of $1,000. Subsequent convictions carry harsher penalties, with a maximum sentence of three years for repeat offenders.
Psilocybin and psilocin, the psychoactive compounds in magic mushrooms, are classified as Schedule I drugs under the federal Controlled Substance Act. Schedule I drugs are considered to have a high potential for abuse and no recognized medical uses. However, there is growing scientific research and political support for the therapeutic and medicinal potential of psychedelics, which may lead to legal reforms.
