Laura Smith
The legality of magic mushrooms in the United States is complex and rapidly evolving. While federal law deems psilocybin, the hallucinogenic substance found in magic mushrooms, a Schedule I controlled substance with no accepted medical use and a high potential for abuse, several states and cities have taken steps towards decriminalization and, in some cases, legalization for therapeutic purposes. As of 2025, Oregon and Colorado have led the way in psilocybin reform, with Oregon becoming the first state to decriminalize and legalize the substance for supervised therapeutic use. Other states, including California, Michigan, Washington, and Massachusetts, have made strides toward decriminalization, primarily at the city level.
| Characteristics | Values |
|---|---|
| Federal law | Psilocybin is illegal under federal law. |
| State law | State laws vary. Oregon, Colorado, Maine, and the District of Columbia have decriminalized psilocybin. |
| Medical use | Psilocybin is illegal under federal law, but some states have legalized or are considering legalizing its medicinal use. |
| Research | Research into the therapeutic benefits of psilocybin is ongoing, and it has been designated as a 'breakthrough therapy' by the FDA. |
| Spores | The legality of psilocybin spores varies by state. They are illegal in Idaho and Georgia but legal in most states. |
| Cultivation | Cultivation is considered drug manufacture in most jurisdictions and is often penalized, but some states have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. |
| Penalties | Possession, sale, and cultivation of psilocybin can result in severe criminal penalties, including prison time and fines. |
| Decriminalization | Some cities and jurisdictions have decriminalized psilocybin, including Denver, Oakland, Santa Cruz, Seattle, Detroit, and various cities in Massachusetts. |
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What You'll Learn
Oregon was the first state to decriminalize magic mushrooms
In the United States, magic mushrooms are illegal under federal law. However, certain areas and jurisdictions have slowly been decriminalizing the possession and use of psilocybin. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use after Ballot Measure 109 passed. This measure also decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use a low priority for the police.
The push for decriminalization in Oregon was influenced by the rapid legalization of cannabis in the United States and the growing recognition of the therapeutic benefits of psilocybin. Research into the therapeutic use of psilocybin has expanded significantly, with indications of benefits in treating depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. The Oregon Psilocybin Society and research firm DHM Research found that 47% of Oregon voters supported the legalization of medical psilocybin, while 46% opposed it. This percentage increased to 64% when key elements of the ballot measure were clarified.
Following Oregon's lead, other states and cities in the U.S. have also moved towards decriminalization and legalization. For example, in February 2021, the City Council of Somerville, Massachusetts, voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms. In March 2021, the City Council of Cambridge, Massachusetts, followed suit. Additionally, in August 2024, the City Council in Olympia, Washington, decriminalized plant-based hallucinogens, including psilocybin mushrooms.
While the legality of magic mushrooms in the U.S. is evolving rapidly, it is important to note that they are still not strictly legal in any state and remain a Schedule I substance under the Controlled Substances Act. As a result, individuals must understand their local laws and work with experienced guides when considering the use of psilocybin.
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Colorado followed with a similar measure in 2022
In the United States, psilocybin, the compound found in "magic mushrooms", is federally illegal and classified as a Schedule I substance under the Controlled Substances Act. This means that it is deemed to have no medicinal value and a high potential for abuse and addiction. However, state laws vary, and some places have decriminalized or legalized psilocybin for medicinal or therapeutic purposes.
In November 2022, Colorado became the second state in America to decriminalize the recreational use of psychedelic mushrooms by passing Proposition 122. This citizen-driven initiative aimed to address mental health challenges by allowing for natural, alternative treatments. As a result, adults aged 21 and older in Colorado can legally possess, consume, grow, and share psilocybin mushrooms for personal use.
The passing of Proposition 122 has raised concerns about the implications of psychedelic use on motor vehicle accidents and personal injury claims. While it is still illegal to drive under the influence of psychedelics, there are worries that the decriminalization of psychedelics may lead to an increase in impaired driving.
Colorado's new legislation does not permit the retail sale of mushrooms, and there are currently no psychedelic dispensaries. However, the state plans to establish "healing centers" where consumers can pay for supervised psilocybin experiences. These centers are expected to be highly regulated, and the state will likely accept licensing applications for them starting in late 2024.
The state has also appointed a Natural Medicine Advisory Board to assess the ongoing research into the therapeutic potential of psychedelic substances. This board, under the Colorado Department of Regulatory Agencies, will help develop policies for the producers who will be allowed to grow and sell mushrooms to the healing centers.
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Many cities have decriminalized magic mushrooms
In the United States, magic mushrooms, or "shrooms", are classified as a Schedule I drug under federal law, which means they are illegal. However, the legal status of magic mushrooms varies across states and cities, with some places decriminalizing or legalizing their use for medicinal or therapeutic purposes.
States and Cities Where Magic Mushrooms Are Decriminalized or Legal
As of 2025, only two states, Oregon and Colorado, have officially decriminalized magic mushrooms. Oregon has also legalized the drug for supervised non-medical use. In Colorado, magic mushrooms have been decriminalized for natural psychedelic use and legalized for medical use in clinics and healing centers.
Several cities across the United States have also taken steps to decriminalize magic mushrooms within their jurisdictions. Here are some examples:
- California: Cities in California, including Oakland, Santa Cruz, San Francisco, Berkeley, and Eureka, have decriminalized the possession, sale, purchase, and cultivation of magic mushrooms. However, the sale of magic mushrooms in Oakland is still illegal.
- Michigan: Ann Arbor, Washtenaw County, Hazel Park, Ferndale, Detroit, and Ypsilanti have all deprioritized law enforcement efforts related to magic mushrooms, making arrests or investigations the lowest priority.
- Massachusetts: Somerville, Cambridge, Northampton, Easthampton, Amherst, Salem, Provincetown, and Medford have all taken steps to decriminalize magic mushrooms, with Somerville, Cambridge, and Northampton doing so in early 2021.
- Washington: Seattle, Jefferson County, Port Townsend, Olympia, and Tacoma have all joined the movement to decriminalize magic mushrooms. Seattle is the largest city in the US to have done so as of October 2021.
- Washington, D.C.: In November 2020, Washington, D.C. passed the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect in March 2021. This initiative decriminalized psilocybin drugs, including magic mushrooms, and made arrests for possession or use a low priority.
- Denver, Colorado: In May 2019, Denver became the first city in the US to decriminalize psilocybin mushrooms.
The Movement for Decriminalization
The movement to decriminalize psilocybin in the US has gained momentum due to several factors. One reason is the growing research indicating the therapeutic benefits of psilocybin in treating mental health conditions such as depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. In 2018 and 2019, the Food and Drug Administration granted psilocybin "breakthrough therapy" status for research, recognizing its potential. Additionally, decriminalization advocates argue that redirecting law enforcement resources away from policing private psychedelic usage will allow a greater focus on higher-priority issues affecting public safety.
While the legalization of magic mushrooms in the US may not happen soon, the landscape is rapidly evolving, and more cities and states are expected to join the movement toward decriminalization.
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Magic mushrooms are illegal under federal law
Magic mushrooms, or psilocybin, are illegal under federal law in the United States. They are classified as a Schedule I substance under the Controlled Substances Act (CSA), which means that they are deemed to have no medicinal benefit and a high potential for abuse and addiction. This classification is due to concerns around the dangerous psychological and physical effects of psilocybin and other psychedelics. Possession of psilocybin can result in large fines and prison sentences, although the specific penalties vary from state to state.
While magic mushrooms are illegal at the federal level, state laws vary, and some places have decriminalized or legalized psilocybin for medicinal or therapeutic purposes. Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use in November 2020. Since then, other states and cities have followed suit, including Colorado, Michigan, Washington, D.C., Massachusetts, and California. In these jurisdictions, the possession, sale, purchase, and cultivation of magic mushrooms have been decriminalized, and in some cases, arrests for these offences are the lowest priority for law enforcement.
The movement to decriminalize psilocybin in the United States began in 2018 when the Food and Drug Administration granted psilocybin "breakthrough therapy" status for research. This status was granted again in 2019, and in May 2019, Denver, Colorado became the first city in the United States to decriminalize psilocybin mushrooms. As of 2025, states like Oregon and Colorado have pioneered access to psilocybin, and a growing list of cities have moved towards decriminalization.
Despite the illegal status of psilocybin at the federal level, research into its therapeutic benefits continues to expand, and it is predicted that psychedelics will be legalized throughout the US by 2037. Psilocybin has been used for centuries as a healing and spiritual tool, and its therapeutic benefits have been indicated in the treatment of depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. However, opinions regarding the use of psilocybin-assisted therapy are divided, and it is essential to note that the commercial sale of psilocybin is still illegal in the United States.
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State laws vary
The legality of magic mushrooms in the United States is complex and rapidly evolving. While federal law deems the possession, sale, and use of psilocybin illegal, state laws vary, with some states and cities moving towards decriminalisation and, in some cases, legalisation for therapeutic use.
In November 2020, Oregon became the first state to decriminalise psilocybin and legalise it for supervised therapeutic use. This was followed by a similar measure in Colorado in 2022. These reforms allow for the supervised use of psilocybin through licensed facilitators and service centres. Additionally, in March 2021, Maine decriminalised magic mushrooms, and cities like Denver, Oakland, Santa Cruz, and Seattle have also decriminalised the substance within their municipalities.
The District of Columbia has also passed legislation that allows for the possession and non-profit distribution of psilocybin mushrooms. Several cities in California, Michigan, Massachusetts, and Washington have also decriminalised or are in the process of decriminalising magic mushrooms.
Despite these reforms, magic mushrooms remain illegal in many states, including Hawaii, Idaho, Louisiana, and Delaware. The penalties for possession, sale, and cultivation vary by state, with some states imposing felony charges and severe penalties, including lengthy prison sentences and substantial fines.
As research into the therapeutic benefits of psilocybin expands and societal attitudes shift, the legal status of magic mushrooms in the United States is likely to continue evolving. It is essential for individuals to understand their local laws and stay informed about the latest legislative changes regarding psilocybin.
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Frequently asked questions
Magic mushrooms are not legal anywhere in the USA. However, certain areas and jurisdictions have slowly been decriminalizing the possession and use of psilocybin.
The following cities and states have decriminalized the possession, sale, purchase, and cultivation of magic mushrooms:
- Oregon
- Colorado
- Denver
- Oakland
- Santa Cruz
- Berkeley
- San Francisco
- Seattle
- Detroit
- Washington, D.C.
- Somerville, Massachusetts
- Cambridge, Massachusetts
- Northampton, Massachusetts
- Salem, Massachusetts
- Olympia, Washington
- Tacoma, Washington
Legalization refers to removing criminal penalties assigned to a particular act, which generally includes statal regulatory presence. Decriminalization refers to something ceasing to be considered a crime, or at least minimizing penalties concerning certain acts that are ordinarily criminal.
