Sarah Brown
The legality of psychedelic mushrooms in the US is a complex issue, with varying regulations across different states and cities. Psilocybin, the compound responsible for the psychedelic effects of these mushrooms, is classified as a Schedule I substance under the Controlled Substances Act, indicating a high potential for abuse and no accepted medical use. However, recent studies have highlighted the therapeutic benefits of psilocybin in treating mental health conditions, leading to a growing movement for decriminalization and legalization. While some jurisdictions have enacted laws to prohibit the possession and use of psilocybin mushrooms, others have prioritized enforcement of their illegality as a low priority, and a few states have even established regulatory frameworks for their use.
| Characteristics | Values |
|---|---|
| Legal Status in the US | Psilocybin and psilocin are Schedule I drugs under the Controlled Substances Act, meaning they have no accepted medical use and a high potential for abuse. |
| Federal Law | Psilocybin remains illegal under federal law. |
| State Laws | Some states, such as Oregon, Colorado, and cities like Denver, Detroit, and Washington, D.C., have decriminalized or legalized psilocybin mushrooms. |
| Medical Use | There is growing scientific research on the therapeutic and medicinal potential of psychedelics, which is increasing legal and political support for their use. |
| Indigenous Use | Indigenous populations have recognized the beneficial effects of psychedelics for hundreds of years and incorporated them into spiritual rituals. |
| Health Effects | Psilocybin can cause euphoria, hallucinations, and alterations in perception, but it may also lead to psychosis, delusions, and agitation. |
| Poison Control Calls | There has been a spike in calls to poison control centers in states and cities that have legalized or decriminalized psilocybin, particularly among adolescents and young adults. |
| Regulation | Oregon has established a regulatory framework for psilocybin services, including licensing for manufacturers, laboratories, facilitators, and service centers. |
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What You'll Learn
- The United Nations 1971 Convention on Psychotropic Substances lists psilocybin and psilocin as Schedule I drugs
- US federal law prohibits the possession and use of psilocybin mushrooms
- Some US states have prohibited the sale and possession of psilocybin mushroom spores
- Oregon was the first US state to establish a regulatory framework for receiving psilocybin
- Several US cities have decriminalised psilocybin, including Denver, Detroit, Washington, D.C., and Seattle
The United Nations 1971 Convention on Psychotropic Substances lists psilocybin and psilocin as Schedule I drugs
While the convention lists psilocybin and psilocin as Schedule I drugs, it is important to note that psilocybin mushrooms themselves are not specifically regulated by UN treaties. This distinction has led to varying legal interpretations and enforcement approaches worldwide. Many countries have enacted laws that address psilocybin mushrooms, such as the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act.
In the United States, the legal status of psilocybin mushrooms varies across states and jurisdictions. While federal law prohibits the possession and use of psilocybin under almost all circumstances, some states have taken steps towards decriminalisation or legalisation for medicinal or therapeutic purposes. For example, in 2022, Colorado became the second US state to decriminalise psilocybin mushrooms, and other states such as Texas, Utah, and Washington have funded research into their medical use.
The legal ambiguity surrounding psilocybin mushrooms in the US is further complicated by the fact that while most state courts consider the mushrooms a "container" of illicit drugs, the spores of these mushrooms, which do not contain psilocybin or psilocin, may be legal to possess in certain areas. This loophole has led to an underground economy and social networks supporting the illicit sale and cultivation of psilocybin mushroom spores.
As public perception and scientific understanding of psychedelics evolve, the legal landscape surrounding psilocybin mushrooms in the US is also shifting. Increasing recognition of the therapeutic and medicinal benefits of psychedelics has led to growing legal and political support for their decriminalisation or regulated use. This dynamic legal environment underscores the importance of staying informed about the specific laws and regulations in one's jurisdiction.
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US federal law prohibits the possession and use of psilocybin mushrooms
Psilocybin mushrooms, or "magic mushrooms", are illegal in the United States under federal law. Psilocybin is a Schedule I substance under the Controlled Substances Act, meaning it is illegal to manufacture, buy, possess, or distribute without a licence. Schedule I drugs are defined as drugs with a high potential for abuse and no recognised medical use. However, the legal status of unauthorised actions with psilocybin mushrooms varies worldwide, and there is ambiguity in many national, state, and provincial drug laws.
In the US, the possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties. However, there are some exceptions. In 2020, Oregon became the first state to establish a regulatory framework for psilocybin services, allowing clients to consume dried, whole mushrooms or tea, edible products, capsules, or extracts under the supervision of a licensed facilitator. In 2021, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. Several cities, including Denver, Detroit, Washington, D.C., Seattle, and Oakland, California, have also passed measures to decriminalise psilocybin mushrooms, making enforcement of their illegality the lowest law enforcement priority.
While the federal government still considers psilocybin mushrooms illegal, some states and cities have taken steps towards decriminalisation or established regulatory frameworks for their use. These changes are often driven by growing scientific research on the therapeutic and medicinal potential of psychedelics, as well as increasing legal and political support. For example, Texas, Utah, and Washington state have funded research into the medical use of psilocybin, and Maryland has created a $1 million fund to study alternative treatments, including psychedelics, for PTSD and traumatic brain injuries in veterans. Additionally, ballot initiatives to legalise psilocybin are underway in Colorado and California, and the president of the New Jersey Senate introduced a bill to legalise psilocybin for treating certain disorders.
Despite the potential benefits of psilocybin mushrooms, there are concerns about their impact on young people. Studies have shown a steady increase in psilocybin exposures among adolescents, with cases more than tripling among 13- to 18-year-olds after decriminalisation. This is particularly concerning given that the minimum age to legally purchase and use psilocybin in decriminalised areas is 21. As a result, it appears that young people are obtaining psilocybin illegally, leading to a spike in calls to poison control centres.
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Some US states have prohibited the sale and possession of psilocybin mushroom spores
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin is a psychedelic compound found in more than 200 species of mushrooms that grow naturally around the world. In the United States, psilocybin is designated as a Schedule 1 substance under the Controlled Substances Act, meaning it has no accepted medical use and has a high potential for abuse. However, there has been ambiguity about the legal status of psilocybin mushrooms, and some US states have prohibited the sale and possession of psilocybin mushroom spores.
While psilocybin mushrooms are illegal under federal law, some US states and cities have taken steps towards decriminalisation or legalisation. For example, Denver became the first city to decriminalise psilocybin in May 2019, and since then, several other cities, including Detroit, Washington, D.C., Seattle, and Oakland, California, have also decriminalised psilocybin. In 2020, Oregon became the first state to establish a regulatory framework for psilocybin through the Oregon Psilocybin Services Act. Colorado followed suit in 2022, becoming the second state to decriminalise psilocybin mushrooms.
The District of Columbia also passed the Entheogenic Plant and Fungus Policy Act of 2021, which allows for the possession and non-profit distribution of psilocybin mushrooms. Additionally, some states, such as Texas, Utah, and Washington, have funded research into the medical use of psilocybin, and ballot initiatives to legalise psilocybin are underway in Colorado and California. These developments reflect a growing body of research highlighting the therapeutic and medicinal potential of psilocybin in treating various mental health conditions, including PTSD, depression, and addiction.
However, it is important to note that the legal status of psilocybin mushrooms remains complex and subject to change. While some jurisdictions have prohibited the sale and possession of psilocybin mushroom spores, others have enacted laws to specifically decriminalise or legalise them. This discrepancy has resulted in an active underground economy involved in the sale of spores and cultivation materials, further complicating the legal landscape surrounding psilocybin mushrooms in the United States.
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Oregon was the first US state to establish a regulatory framework for receiving psilocybin
Psilocybin mushrooms, or psychedelic mushrooms, are illegal under federal law in the United States. However, there has been ambiguity and a strong element of selective enforcement in some places. While the possession and use of psilocybin are prohibited under almost all circumstances in most US states, some jurisdictions have allowed the sale and possession of psilocybin mushroom spores as they do not contain the drugs themselves.
In recent years, there has been a growing body of research highlighting the therapeutic and medicinal benefits of psychedelics, particularly in treating mental health conditions such as PTSD, anorexia, chronic pain, fibromyalgia, and addiction. This has led to a shift in the legal and political landscape surrounding psychedelic substances.
Oregon has been at the forefront of this shift, becoming the first US state to establish a regulatory framework for receiving psilocybin. In 2020, Oregon voters approved Measure 109, also known as the Oregon Psilocybin Services Act. This measure did not decriminalize or legalize psilocybin but aimed to strictly regulate the drug and make it available for therapeutic use in a controlled setting. The Oregon Psilocybin Services Act requires the state to issue four types of licenses:
- Manufacturers that cultivate and/or process psilocybin products
- Laboratories that test psilocybin products
- Facilitators who support clients through preparation, administration, and integration sessions
- Service centers where psilocybin products are sold and consumed by clients
The Oregon Psilocybin Services Section was given a two-year development period, from January 1, 2021, to December 31, 2022, to establish rules and regulations for psilocybin products and services. During this period, they worked closely with the Oregon Psilocybin Advisory Board and rulemaking advisory committees (RACs) to ensure a comprehensive framework. The section began taking license applications on January 2, 2023.
Oregon's regulatory framework for psilocybin services emphasizes a non-directive approach, where licensed facilitators provide support and comfort to clients without directing or analyzing their experience. This approach respects the cultural needs and beliefs of diverse communities and allows individuals to explore the potential benefits of psilocybin for their health and well-being.
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Several US cities have decriminalised psilocybin, including Denver, Detroit, Washington, D.C., and Seattle
While psilocybin mushrooms remain illegal at the federal level and in most states, several US cities have decriminalised their use. These include Denver, Colorado, which in May 2019 became the first US city to do so after a ballot initiative. In June 2019, Oakland, California, became the second city to decriminalise psilocybin mushrooms. This was followed by Santa Cruz, California, in January 2020, and Washington, D.C., in November 2020. Somerville, Massachusetts, decriminalised psilocybin in January 2021, and Seattle, Washington, became the largest city on the growing list in October 2021. Detroit, Michigan, followed suit in November 2021.
The movement to decriminalise psilocybin in the US has been gaining momentum, with more than a dozen municipalities and counties taking similar steps. This shift is driven by growing scientific research highlighting the therapeutic and medicinal benefits of psychedelics, as well as the rapid legalisation of cannabis across the country. Oregon was the first state to decriminalise psilocybin and legalise its supervised use in 2020, followed by Colorado in 2022.
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Frequently asked questions
Yes, psilocybin is designated as a Schedule 1 substance under the Controlled Substances Act, meaning it has no accepted medical use and has a high potential for abuse. However, there are some states and cities that have decriminalized it, including Oregon, Colorado, Denver, Detroit, Washington, DC, and Seattle.
In 2020, Oregon voters approved Measure 109, also known as the Oregon Psilocybin Services Act. This was the first law in the United States to establish a regulatory framework for receiving psilocybin.
In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms.
Using psilocybin can cause psychosis, hallucinations, delusions, and agitation. It is also important to note that the sale and possession of psilocybin mushroom spores are prohibited in some US states, including California, Georgia, and Idaho.
