John Miller
Psilocybin mushrooms, also known as magic mushrooms, are currently illegal in California. However, there is a growing movement to decriminalize and legalize psilocybin, with advocates pushing for regulated therapeutic use of the substance. While some California cities have passed measures to decriminalize psilocybin, statewide prohibition remains in place, and possession, use, and distribution of psilocybin mushrooms are still illegal under state and federal law. Despite the ongoing debate and changing landscape, psilocybin mushrooms are currently illegal in California, and possession or distribution can result in criminal charges and penalties.
| Characteristics | Values |
|---|---|
| Legal Status in California | Illegal |
| Federal Law Classification | Schedule I drug |
| State Law Classification | Schedule I controlled substance |
| Possession | Illegal |
| Sale | Illegal |
| Transportation/Distribution | Illegal |
| Cultivation/Manufacture | Illegal |
| Penalties | Fines, jail time, probation |
| Local Decriminalization | Oakland, Santa Cruz, Los Angeles |
| Therapeutic Usage | Under consideration |
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What You'll Learn
- Possession of psilocybin mushrooms in California is illegal and punishable by law
- California has taken steps towards softening its stance on drug offences, including reducing penalties for certain drug-related crimes
- Local measures in cities like Oakland and Santa Cruz have decriminalised the use and possession of psychedelics, including psilocybin
- LA County cannabis dispensaries are openly selling psilocybin mushrooms despite the state's consideration to decriminalise psychedelics
- There is growing support for legalising or decriminalising psilocybin in California, with advocates pushing for regulated legalisation
Possession of psilocybin mushrooms in California is illegal and punishable by law
Psilocybin mushrooms, also known as magic mushrooms, are illegal in California. They are classified as Schedule I controlled substances under California's Health and Safety Code 11350, alongside drugs like heroin, LSD, and ecstasy. This classification means that mushrooms containing psilocybin are considered to have a high potential for abuse, no currently accepted medical use, and a lack of accepted safety. As a result, all uses of psilocybin mushrooms are illegal within California state lines, and possession, use, or distribution is punishable by law.
The penalties for possession of psilocybin mushrooms in California vary depending on the quantity involved and the intent of the possessor. Possession of smaller amounts for personal use is typically charged as a misdemeanor, which can result in large fines and up to one year in county jail. On the other hand, possession of larger quantities, especially if packaged for distribution, can lead to felony charges with potential multi-year state prison sentences.
While there have been efforts to decriminalize psilocybin mushrooms in California, the statewide prohibition remains firmly in place. Local measures in cities like Oakland, Santa Cruz, and Los Angeles have caused confusion, as some dispensaries openly sell psilocybin mushrooms, but possession and distribution are still illegal under state law. Senate Bill 58, currently under consideration, aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psilocybin and other psychedelic substances. However, as of now, the possession of psilocybin mushrooms in California remains illegal and is punishable by law.
It is important to note that the legal landscape around psilocybin mushrooms is evolving. While they are currently illegal under California law, there is a growing movement to decriminalize and legalize their use for therapeutic purposes. Researchers predict that the momentum around psychedelic reform will lead to changes in state laws over the next several years, and drug reform advocacy groups in California continue to push for legislative changes. However, until such changes are made, the possession, use, and distribution of psilocybin mushrooms in California remain illegal and punishable by law.
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California has taken steps towards softening its stance on drug offences, including reducing penalties for certain drug-related crimes
Psilocybin mushrooms are illegal in California. Under California's Health and Safety Code 11350, psilocybin is classified as a Schedule I controlled substance, alongside drugs like heroin, LSD, and ecstasy. This means that all uses of psilocybin mushrooms are illegal within California state lines, and possession can lead to criminal charges ranging from misdemeanours to felonies depending on the quantity involved.
Despite the ongoing illegality of psilocybin mushrooms in California, the state has taken steps towards softening its stance on drug offences more broadly. In 2024, California implemented Proposition 36, the "Homelessness, Drug Addiction, and Theft Reduction Act," which reshaped the state's approach to drug and theft crimes. Proposition 36 introduced the concept of "wobbler" offences, which can be charged as either felonies or misdemeanours depending on various factors. For example, possession of a hard drug with two prior drug-related convictions can now be considered a wobbler offence.
The introduction of wobbler offences reflects a shift in California's approach to prosecuting specific crimes, emphasizing treatment for drug-related offences and recognizing addiction as a health issue. Proposition 36 also mandates that courts warn convicted hard drug dealers of potential murder charges if someone dies due to their drug trafficking activities, a deterrent intended to address the opioid crisis and highlight the dangers of drug trafficking.
California's softening stance on drug offences extends beyond Proposition 36. The state has also seen progressive criminal justice reforms that have reduced the criminalization of addiction and invested in safety and treatment. California's move away from jailing and imprisoning those struggling with addiction has helped to mitigate the drug crisis, with the state maintaining lower rates of fentanyl and overall drug deaths than the United States as a whole.
Additionally, California has made strides in decriminalizing and legalizing marijuana, with cuts to prison spending freeing up funds for drug treatment programs. These progressive policies have contributed to California's ability to weather the drug crisis better than other states, despite areas of problematic drug use within the state. As a result, California has seen lower drug death rates and more favorable trends overall.
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Local measures in cities like Oakland and Santa Cruz have decriminalised the use and possession of psychedelics, including psilocybin
While psilocybin mushrooms are illegal in California under federal law, local measures in cities like Oakland and Santa Cruz have decriminalized the use and possession of psychedelics, including psilocybin. This means that, in these cities, people will not face criminal charges for possessing or using small amounts of psilocybin mushrooms. However, it is important to note that this decriminalization is limited to specific localities, and there is no statewide decriminalization for psilocybin in California.
The push for decriminalization in these cities has likely stemmed from the potential therapeutic benefits of psilocybin mushrooms, which are gaining recognition. Proponents of decriminalization argue that psilocybin mushrooms can be used to address mental health issues such as depression, anxiety, and PTSD. Additionally, there is growing support for decriminalization among psychologists, researchers, and veterans' advocates who have witnessed mental health improvements in individuals who have undergone psychedelic treatment.
Despite the efforts of these cities, the statewide prohibition of psilocybin mushrooms in California remains firmly in place. Under California's Health and Safety Code 11350, psilocybin is classified as a Schedule I controlled substance, alongside drugs like heroin, LSD, and ecstasy. This classification indicates that psilocybin is considered to have a high potential for abuse, no currently accepted medical use, and a lack of accepted safety. As a result of this classification, all uses of psilocybin mushrooms are illegal within California state lines, and possession, even for personal use, can lead to criminal charges.
The penalties for possession of psilocybin mushrooms in California vary depending on the quantity involved. Possession of smaller amounts for personal use typically leads to misdemeanor charges, which can result in large fines and up to one year in county jail. On the other hand, possession of larger quantities, especially if packaged for distribution, can result in felony charges with potential multi-year state prison sentences.
Advocates for psychedelic therapies continue to press the California Legislature to legalize them, and there is hope that the landscape may change in the coming years through potential therapeutic usage and increased public education.
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LA County cannabis dispensaries are openly selling psilocybin mushrooms despite the state's consideration to decriminalise psychedelics
Despite California's Health and Safety Code classifying psilocybin as a Schedule I controlled substance, LA County cannabis dispensaries have been openly selling psilocybin mushrooms. This comes at a time when the state is considering decriminalising psychedelics.
Under California law, psilocybin is classified alongside drugs like heroin, LSD, and ecstasy. This means that mushrooms containing psilocybin are considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety. As a result, all uses of psilocybin mushrooms are illegal within California, and possession for personal use can lead to criminal charges.
However, in recent years, there has been a growing movement to decriminalise psilocybin in California. Senate Bill 58, currently under consideration by the Legislature, aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, including psilocybin. This shift in sentiment is driven by increasing evidence of the therapeutic benefits of psilocybin and the support of psychologists, researchers, and veterans' advocates who have witnessed mental health improvements after psychedelic treatment.
While the state considers decriminalisation, some LA County cannabis dispensaries have started selling psilocybin mushrooms. At these dispensaries, customers are asked to present their driver's licenses and follow certain rules, such as turning their hats around and putting their cell phones away. The mushrooms are typically displayed in glass jars, and various mushroom-infused products are also offered, including gummies in colourful toadstool-shaped pouches.
The open sale of psilocybin mushrooms by LA County dispensaries contrasts with the ongoing legal classification of psilocybin as a Schedule I controlled substance in California. This situation highlights the evolving nature of drug policy and the potential for future changes in the legal status of psilocybin mushrooms in the state.
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There is growing support for legalising or decriminalising psilocybin in California, with advocates pushing for regulated legalisation
Psilocybin mushrooms, often referred to as "magic mushrooms", are currently illegal in California. The state's Health and Safety Code 11350 classifies psilocybin as a Schedule I controlled substance, alongside drugs like heroin, LSD, and ecstasy. This classification means that mushrooms containing psilocybin are considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety. As a result, all uses of psilocybin mushrooms are illegal in California, and possession, use, or distribution can result in criminal charges, including fines, jail time, or probation.
Despite the current illegality of psilocybin mushrooms in California, there is a growing movement advocating for their legalisation or decriminalisation. Proponents of reform argue that psilocybin mushrooms have therapeutic benefits and can be used to address mental health issues such as depression, anxiety, and PTSD. Additionally, they highlight the potential for psychedelic therapies to help veterans and military service members, an idea that has gained some federal support with President Biden signing a defence spending bill in late 2023 to study the potential benefits of psychedelics for this demographic.
In recent years, there have been several attempts to legalise or decriminalise psilocybin in California. For example, Sen. Scott Wiener proposed a bill that would have allowed the ingestion of psilocybin and other hallucinogens in a controlled setting under professional supervision. Unfortunately, this bill, like several others, failed to gain traction due to concerns about funding, complexity, and safety. However, advocates remain undeterred and are working to build coalitions, especially among veterans, to push for regulated legalisation.
One such effort is the Senate Bill 58, which aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, including psilocybin. The bill has gained support from various groups, including psychologists, researchers, and veterans' advocates, and there is optimism that it could pass through the Legislature. Additionally, cities like Oakland and Santa Cruz have already taken steps towards decriminalisation, and local dispensaries in Los Angeles have been openly selling magic mushrooms, reflecting a broader shift in public perception and demand.
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Frequently asked questions
Yes, psilocybin mushrooms are illegal in California under the Health and Safety Code 11350. Possession, use, sale, transportation, or cultivation of psilocybin-containing substances are criminal offences.
Possession of psilocybin mushrooms is usually charged as a misdemeanour for small personal use amounts. Potential penalties include large fines and up to one year in county jail.
Yes, possession of larger quantities of psilocybin mushrooms, especially if packaged for distribution, can result in felony charges.
Yes, there have been several attempts to decriminalise psilocybin mushrooms in California. Local measures in cities like Oakland, Santa Cruz, and Los Angeles have decriminalised the use and possession of psychedelics, including psilocybin. However, there is no statewide decriminalisation in California.
There is growing support for the therapeutic benefits of psilocybin mushrooms in treating mental health conditions such as depression, anxiety, and PTSD. Researchers predict that the momentum for decriminalisation will lead to changes in state laws over the next several years.
