Michael Davis
Psilocybin, colloquially known as magic mushrooms, is a hallucinogenic substance that is illegal under federal law in the United States. However, the legal status of psilocybin mushrooms varies across different states and cities, with some places decriminalizing or legalizing their use for medicinal or therapeutic purposes. As research into the potential benefits of psilocybin expands, the legislation surrounding it continues to evolve, with an increasing number of cities and states advocating for decriminalization or regulated use.
| Characteristics | Values |
|---|---|
| Psilocybin legality in the US | Illegal under federal law, but some states have legalised or decriminalised it. |
| Psilocybin mushroom legality in the US | Illegal under federal law, but some states have legalised or decriminalised it. |
| Psilocybin mushroom spores legality in the US | Not illegal in some states, but could be considered illegal paraphernalia or intent to cultivate psilocybin mushrooms. |
| US federal law classification of psilocybin | Schedule I controlled substance, implying no medicinal benefit and high abuse and addiction potential. |
| US federal law classification of psilocybin mushrooms | Not specifically classified, but may be covered under the Psychotropic Substances Act. |
| US federal law classification of psilocybin mushroom spores | Not illegal in some states, but illegal in California, Georgia, and Idaho. |
| US state laws on psilocybin | Legalised in Oregon and Colorado; decriminalised in Denver, Oakland, Santa Cruz, Washington D.C., Somerville, Cambridge, Northampton, Seattle, Detroit, and Ann Arbor. |
| US state laws on psilocybin mushrooms | Legalised in Oregon and Colorado; decriminalised in the same states and cities as psilocybin. |
| US state laws on psilocybin mushroom spores | Illegal in California, Georgia, and Idaho; legal in other states. |
| Therapeutic and medicinal potential | Research indicates potential benefits in treating depression, anxiety, PTSD, addiction, and nicotine dependence. |
| Adverse effects | Increased calls to poison centres, especially among adolescents and young adults; potential for psychosis, hallucinations, delusions, and agitation. |
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What You'll Learn
Psilocybin is illegal under federal law
Psilocybin, the substance found in 'magic mushrooms', is illegal under federal law in the United States. It is classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). This means that it is deemed to have no medicinal value and a high potential for abuse and addiction. The possession and use of psilocybin is prohibited under almost all circumstances and can result in large fines and prison sentences. However, smaller-scale offences are often handled at the state level, where laws vary. While some states have decriminalised or legalised psilocybin, it remains illegal under federal law.
The legal status of psilocybin mushrooms varies worldwide. Psilocybin and its derivative psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. This treaty requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. However, the mushrooms themselves were not specifically included in the convention due to pressure from the Mexican government.
In the United States, the possession, manufacture, and sale of psilocybin mushrooms became subject to federal regulation with the Drug Abuse Control Amendments of 1965. This law was an amendment to the federal Food, Drug and Cosmetic Act and aimed to regulate hallucinogenic drugs. While federal law prohibits psilocybin, the legal status at the state level is evolving. Some states, such as Oregon and Colorado, have legalised or decriminalised psilocybin for therapeutic or medicinal use. Other states, including California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores.
The movement to decriminalise psilocybin in the United States has gained momentum in recent years, with advocates citing research that suggests the drug is non-addictive and causes fewer emergency visits compared to other illegal substances. Additionally, there is growing scientific research highlighting the therapeutic and medicinal potential of psilocybin, particularly in treating mental health disorders such as depression, anxiety, and post-traumatic stress disorder (PTSD). However, critics argue that decriminalisation is premature and that more research is needed to understand the potential risks associated with unrestricted use.
While the legal landscape surrounding psilocybin in the United States is complex and evolving, it is important to note that, as of 2025, psilocybin remains illegal under federal law. The varying state laws and ongoing research into the therapeutic benefits of psilocybin may influence future changes to its legal status at the federal level.
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Some US cities have decriminalised it
In the United States, psilocybin is federally classified as a Schedule I controlled substance, meaning it has ""no accepted medical use and a high potential for abuse." However, some US cities have taken steps to decriminalize psilocybin mushrooms, recognizing their potential therapeutic benefits and redirecting law enforcement resources to other priorities.
The movement to decriminalize psilocybin in the US began in 2019, with Denver, Colorado, becoming the first city to do so in May of that year. The initiative prohibited Denver from using resources to prosecute adults over 21 for personal use or possession of psilocybin. Following Denver's lead, several other cities in the US have decriminalized psilocybin, including Oakland and Santa Cruz, California; Washington, D.C.; Somerville, Cambridge, and Northampton, Massachusetts; Seattle, Washington; and Detroit, Michigan.
In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use through a ballot measure. This was followed by Colorado in 2022, which passed a similar measure for medical use and decriminalization. These state-level actions have further fueled the movement for decriminalization across the country.
The decriminalization of psilocybin in these cities means that law enforcement agencies are less likely to prosecute individuals for possession or use, and penalties are significantly reduced or eliminated. This shift in policy reflects a growing recognition of the potential therapeutic benefits of psilocybin and a reallocation of law enforcement resources to focus on more pressing issues affecting public safety.
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Oregon and Colorado have legalised it
Psilocybin, the substance found in 'magic mushrooms', is illegal in the United States under federal law. It is classified as a Schedule I controlled substance, which means it is deemed to have no medicinal value and a high potential for abuse and addiction. However, state laws vary, and in some places, psilocybin is legal or decriminalised for medicinal or therapeutic purposes.
Oregon and Colorado have legalised psilocybin. In November 2020, Oregon voters passed a ballot measure to become the first state to decriminalise psilocybin and legalise its supervised use for adults. Colorado followed with a similar medical use and decriminalisation measure in 2022. In November 2022, Colorado passed Proposition 122, which decriminalised the possession, growing, and sharing of psilocybin for personal use for those aged 21 and over.
The legalisation of psilocybin in Oregon and Colorado represents a significant shift in policy and is indicative of changing attitudes towards psychedelics in the United States. Research into the therapeutic benefits of psilocybin has contributed to the legalisation movement, with evidence suggesting that psilocybin can be effectively used to treat mental health conditions such as depression, anxiety, PTSD, and addiction. Additionally, advocates for decriminalisation have cited research indicating that psilocybin is non-addictive and leads to fewer emergency visits compared to other illegal drugs.
The legal status of psilocybin mushrooms in Oregon and Colorado has opened the door for the establishment of regulated markets and the development of state-licensed "healing centres" where individuals can legally purchase, consume, and take psychedelics under supervision. These states are serving as test cases for the administration of psychedelics outside of clinical, religious, and underground settings, and their experiences will likely inform policy decisions in other states and at the federal level.
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Spores are not illegal, but possession could be
Psilocybin, the substance found in 'magic' mushrooms, is illegal in the United States under federal law. It is classified as a Schedule I controlled substance, which means it is deemed to have no medicinal benefit and a high potential for abuse and addiction. However, the legal status of psilocybin varies across different states, and some places have decriminalised or legalised the substance for medicinal or therapeutic purposes.
Psilocybin mushroom spores, on the other hand, are not technically illegal under federal law because they do not contain psilocybin. The spores are the reproductive engine of mushrooms and can be compared to seeds. However, possessing psilocybin spores could be considered illegal paraphernalia or evidence of intent to cultivate psilocybin mushrooms, which can be punishable under state or federal law.
While the federal government does not prohibit psilocybin spores, a few states, including California, Georgia, and Idaho, have specifically outlawed their sale and possession. In these states, cultivating psilocybin mushrooms is often considered drug manufacture and may result in severe penalties. However, New Mexico has ruled that growing psilocybin mushrooms does not constitute "manufacturing" a controlled substance.
The legal status of psilocybin spores can be ambiguous, and it is essential to consult the specific laws of each state. In some jurisdictions, such as Oregon and Colorado, psilocybin has been legalised or decriminalised for therapeutic or medicinal use, which may impact the legal status of spores. Additionally, some states have taken steps towards decriminalisation by deprioritising the enforcement of psilocybin-related offences.
It is worth noting that the movement to decriminalise psilocybin in the United States has gained momentum in recent years, with advocates citing the substance's potential therapeutic benefits and low risk of addiction. However, some have criticised the push for decriminalisation as premature, arguing that more research is needed to understand the potential risks associated with psilocybin use.
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Research indicates low abuse potential
Psilocybin, the substance found in "magic mushrooms", is illegal in the United States under federal law and is classified as a Schedule I controlled substance. This means that it is deemed to have no medicinal benefit and a high potential for abuse and addiction. However, state laws vary, and in some places, psilocybin is legal or decriminalised for medicinal or therapeutic purposes.
Research indicates that psilocybin mushrooms have a low potential for abuse. Animal and human studies indicate low abuse potential and no physical dependence. Major national surveys also indicate low rates of abuse, treatment-seeking, and harm. Psilocybin has a low level of toxicity, which means the potential of causing fatal events like breathing problems or a heart attack is low. However, there are still health risks associated with taking psilocybin, particularly when unsupervised and outside of a clinical setting. These risks include dangerous behaviour, such as driving or walking in traffic, and an impairment in the ability to think clearly.
A Dutch study ranked the relative harm of psilocybin mushrooms compared to 19 other recreational drugs and found that psilocybin mushrooms were the illicit drug with the lowest harm. Single high doses or widely spaced doses are thought to be safe, and concerns about cardiac toxicity are more relevant to chronic psychedelic microdosing or very frequent intermittent use.
Psilocybin has been used for millennia for spiritual and medicinal purposes, and there is ongoing research into its therapeutic benefits. This includes potential benefits in the treatment of depression, anxiety, post-traumatic stress disorder (PTSD), addiction, pain, neurodegenerative disorders, and substance use disorders.
In summary, while psilocybin mushrooms are illegal under US federal law due to their classification as a Schedule I substance, research indicates that they have a low potential for abuse and may provide therapeutic benefits. As such, there is a growing movement to decriminalise and legalise psilocybin in the United States, with several states and cities already having made progress in this direction.
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Frequently asked questions
Psilocybin mushrooms, also known as magic mushrooms, are illegal in the United States under federal law. However, state laws vary, and some states have decriminalized or legalized them for medicinal or therapeutic purposes.
As of 2025, psilocybin mushrooms are legalized in only two states: Oregon and Colorado. However, over a dozen cities nationwide have decriminalized them, including Denver, Oakland, Santa Cruz, Detroit, Washington, D.C., Seattle, and Somerville.
Psilocybin, the compound found in magic mushrooms, is classified as a Schedule I controlled substance under the Controlled Substances Act. This means it is deemed to have no accepted medical use and a high potential for abuse and addiction. However, research and advocacy efforts are underway to decriminalize or legalize psilocybin due to its potential therapeutic and medicinal benefits.
