Sarah Brown
The legal status of psychedelic mushrooms, also known as magic mushrooms, caps, or 'shrooms, varies across the world. In some places, they are illegal to possess, distribute, and cultivate, while other jurisdictions have specifically prohibited the sale and possession of psilocybin mushroom spores. However, some countries and US states have ruled that growing psilocybin mushrooms does not qualify as manufacturing a controlled substance. As research on the therapeutic and medicinal potential of psychedelics progresses, the legal landscape is shifting, with some localities revising their legal frameworks to decriminalize or legalize specific psychedelics.
| Characteristics | Values |
|---|---|
| Legal status | Illegal in most countries |
| UN classification | Schedule I drug (high potential for abuse, no recognized medical uses) |
| UN Convention on Psychotropic Substances | Psilocybin is prohibited, but not psilocybin-containing mushrooms |
| Examples of national legislation | US Psychotropic Substances Act, UK Misuse of Drugs Act 1971, Canadian Controlled Drugs and Substances Act, Japanese Narcotics and Psychotropics Control Law |
| US federal regulation | Drug Abuse Control Amendments of 1965 |
| US state-level legalization | Oregon, Colorado, New Mexico |
| US state-level decriminalization | California, Georgia, Idaho, Washington, D.C., Colorado |
| Other countries with legal/decriminalized psychedelics | Parts of Central Africa (Equatorial Guinea, Cameroon, Republic of the Congo), South Africa, Australia, the Bahamas, Brazil, British Virgin Islands, Canada, Czech Republic, Costa Rica, Israel, Jamaica, Mexico, Nepal, the Netherlands, Panama, Peru, Portugal, Samoa, Spain, Switzerland |
| Legal charges (US) | Criminal possession of a controlled substance, criminal sale of a controlled substance |
| Sentence for possession (New York) | Up to 1 year in jail for less than 25mg, potential life sentence for 625mg or more |
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What You'll Learn
Penalties for possession, sale, and manufacture
The penalties for possession, sale, and manufacture of psychedelic mushrooms vary across different jurisdictions. Psilocybin and psilocin, the psychoactive chemicals in psychedelic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical use. However, the legal status of unauthorized actions with psilocybin mushrooms varies worldwide, and many countries have different levels of regulation or prohibition.
Possession
In the United States, federal law considers simple possession of psilocybin a misdemeanor, 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. Third and subsequent convictions have a minimum sentence of 90 days and a $5,000 fine, with a maximum sentence of three years.
State laws in the US vary, with California, Oregon, and Washington classifying simple possession as a misdemeanor, while possession of larger amounts may result in felony charges. In Oregon, possessing 60 grams or more of psilocybin is a felony, whereas Wyoming considers possessing more than three grams of a Schedule I drug in powdered form a felony. Texas classifies any amount of psilocybin mushrooms as a felony-level offense, and New York considers possession of any amount of psychedelic mushrooms a class A misdemeanor, punishable by up to a year in prison.
In other countries, the penalties for possession can also vary. For example, in November 2020, the District of Columbia passed Initiative 81, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. On the other hand, Australia approved the use of psilocybin in prescription medications for treating PTSD and treatment-resistant depression in February 2023.
Sale and Manufacture
The sale and manufacture of psychedelic mushrooms are generally considered more serious offenses than simple possession and often carry harsher penalties. In the US, federal law classifies the cultivation of psilocybin mushrooms as a Schedule I substance, with a maximum penalty of 20 years in prison and a $1,000,000 fine. A repeat felony drug offense increases the maximum penalty to 30 years. If the mushrooms are grown near a school, playground, or other drug-free zones, the penalties can double.
State laws in the US also vary, with Arizona, Kansas, and Washington classifying the cultivation of psilocybin mushrooms as a felony, while California exempts it from its illegal drug manufacturing laws, making it a misdemeanor. In Texas, the sale and distribution of psychedelic mushrooms are felony-level offenses, and New York considers the sale and manufacture of psychedelic mushrooms a class A-II felony, punishable by up to life in prison.
It is important to note that the legal landscape regarding psychedelic mushrooms is evolving, and some jurisdictions are reevaluating their approaches to possession, sale, and manufacture. As a result, it is crucial to stay informed about the specific laws and regulations in your jurisdiction.
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Medical and scientific research
The legal status of psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. However, the convention does not prohibit the use of psilocybin for medical and scientific research under strictly controlled conditions.
Despite the historical association of psychedelic drugs with the "hippie" counterculture, which has hindered scientific research, there is a growing body of evidence that suggests psilocybin may have therapeutic benefits. For example, in a small double-blind study, researchers at Johns Hopkins University found that a single large dose of psilocybin provided considerable relief from cancer-related anxiety and depression for up to six months. Another study found that psilocybin, in conjunction with cognitive-behavioral therapy, helped longtime smokers quit. An online survey of over 300 people with Alcohol Use Disorder also reported reducing or abstaining from alcohol use after taking psilocybin.
In addition to these findings, psilocybin has been shown to have the potential to treat a wide range of mood and substance disorders, as well as major depressive disorder, anorexia nervosa, Post-Treatment Lyme Disease, depression associated with Alzheimer's Disease, and Obsessive-Compulsive Disorder. Brain scans of individuals who have taken psilocybin show decreased activity in the claustrum, the area of the brain believed to be responsible for setting attention and switching tasks, which may explain the feelings of being connected to everything and reduced senses of self often reported by users.
While psilocybin is currently not approved for the treatment of any condition, it has been reclassified from a Schedule I drug to a Schedule IV drug in certain jurisdictions, such as Jamaica, which has a flexible regulatory framework for psychedelics and a growing psychedelic research industry. In the United States, the Center for Psychedelic and Consciousness Research at Johns Hopkins University is the leading psychedelic research institution and has published groundbreaking studies in over 150 peer-reviewed articles. The team at Johns Hopkins emphasizes safety as a cornerstone of their research, and their recommended techniques have been adopted by others in the field.
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Legal status in New York
The use, distribution, and ingestion of psychedelic mushrooms are currently illegal in New York and the United States. However, there are some exceptions. For instance, buying mushroom spores is legal in New York, but germinating them is illegal.
In May 2024, a bill was proposed in the New York State Assembly to allow the growth, cultivation, and regulated use of psilocybin, a psychedelic compound typically found in magic mushrooms. The bill would allow adults to take a health screening and an educational course to receive a permit to use, purchase from licensed cultivators, or cultivate psychedelic mushrooms. The bill would also remove psilocybin from the list of controlled substances in New York.
Assemblymember Pat Burke (D) has also sponsored a separate bill to create a psilocybin therapy pilot program for 10,000 people. This bill would allow people to receive psilocybin treatment from a certified facilitator in a clinical setting or at their home if they are unable to travel.
New York is known for having milder penalties for drug possession than most other US states. Possessing any controlled substances could lead to a year in prison and a $1000 fine.
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Indigenous laws and rights
Psychedelic mushrooms, or magic mushrooms, are illegal in many places around the world. Psilocybin and psilocin, the active substances in psychedelic mushrooms, are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. This means that member states are required to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. However, the convention did not specifically include psychedelic mushrooms, due to pressure from the Mexican government, which has a long history of Indigenous peoples using these substances in spiritual ceremonies.
In the United States, psilocybin and psilocin were first regulated at the federal level in 1965, and they are considered Schedule I controlled substances under federal law. This means that they are illegal to possess, distribute, or cultivate. At the state level, some states, like New York, have similar laws that make psychedelic mushrooms illegal. However, other states, like California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores, while New Mexico has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
In Canada, the federal government has not made formal laws regarding peyote, a psychedelic substance used in Native American Church (NAC) ceremonies, and it has been legally exempted from Canadian criminal drug legislation. However, the criminalized status of its active psychedelic agent, mescaline, remains unchanged. In June 2021, the Canadian federal government reached an agreement with the Mohawk Council of Kahnawà:ke supporting "a cooperative application of federal and local cannabis frameworks." Additionally, in January 2023, the Canadian province of Alberta became one of the first to regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy.
Indigenous communities have cultivated relationships with and knowledge about psychedelics for thousands of years, including psilocybin mushrooms, ayahuasca, and iboga. However, with the recent explosion of Western interest in psychedelics, many Indigenous peoples feel excluded from the industry that is profiting from their traditional knowledge and cultural practices. They are concerned about intellectual property rights, benefit-sharing, and cultural appropriation. As a result, efforts are being made to include Indigenous perspectives in psychedelic research and therapy, with ethical guidelines being developed to address these issues.
In summary, while the legal status of psychedelic mushrooms varies worldwide, with some jurisdictions prohibiting their use and others decriminalizing or regulating it, the rights and perspectives of Indigenous peoples who have historically used these substances should be respected and included in the development of laws and policies related to psychedelics.
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Decriminalization and legalization
Psychedelic mushrooms, commonly referred to as magic mushrooms, are illegal in many places worldwide. The United Nations 1971 Convention on Psychotropic Substances lists psilocybin and psilocin as Schedule I drugs, meaning they have a high potential for abuse and no recognized medical use. However, this classification has been contested, as psilocybin mushrooms have a long history of medicinal and religious use in various cultures and may have a lower potential for abuse compared to other Schedule I drugs.
Despite the UN convention, the legal status of psilocybin mushrooms varies globally, with some countries and jurisdictions enacting their own regulations or prohibitions. For example, certain US states like California, Georgia, and Idaho have specifically banned the sale and possession of psilocybin mushroom spores, while New Mexico has ruled that growing these mushrooms for personal use does not constitute "manufacturing" a controlled substance.
In recent years, there has been a growing movement to decriminalize and legalize psilocybin mushrooms in some places. Proponents of decriminalization argue that it would allow law enforcement to focus their resources on more pressing issues affecting the general public, such as violent crimes. Additionally, the increasing scientific research highlighting the therapeutic and medicinal benefits of psychedelics has garnered legal and political support for decriminalization and legalization.
Several localities, particularly in North America, have revised their legal frameworks regarding psychedelics. Some cities, like Oakland and Washington, DC, have made enforcing the illegality of psychedelics the lowest priority for law enforcement, while others, such as Oregon and Colorado, have legalized specific psychedelics. In Oregon, voters passed a ballot measure in 2020 to decriminalize psilocybin and legalize its supervised non-medical use. However, much of this measure was repealed in 2024, effectively recriminalizing the substance. Colorado followed suit in 2022 with a similar medical use and decriminalization measure.
Outside of the United States, the Canadian province of Alberta has taken steps toward regulating and allowing the use of psilocybin and other psychedelics for medicinal purposes in drug-assisted psychotherapy. Australia has also approved the use of psilocybin and MDMA in prescription medications for treating PTSD and treatment-resistant depression. These developments reflect a shifting legal landscape regarding psychedelic substances, with an increasing focus on their therapeutic potential and the potential for reduced legal restrictions.
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Frequently asked questions
Yes, psychedelic mushrooms are illegal in the US. Psilocybin and psilocin were first subjected to federal regulation in 1965. However, some US states, such as California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores.
Yes, the UK Misuse of Drugs Act 1971 prohibits the use of psilocybin.
Yes, the Canadian Controlled Drugs and Substances Act of 1996 prohibits the use of psilocybin. However, in January 2023, the Canadian province of Alberta announced it would allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy.
Yes, it is illegal to possess, distribute, or cultivate psychedelic mushrooms in New York. If you are found with psychedelic mushrooms, you will likely be charged with a criminal possession of a controlled substance crime.
While psychedelic mushrooms are illegal in most places, some jurisdictions have made moves to decriminalize their use. For example, in 2020, the District of Columbia passed Initiative 81, which allows for the possession and non-for-profit gifting or distribution of psilocybin mushrooms. In 2021, Oregon and Colorado became the first US states to legalize specific psychedelics. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms.
