Laura Smith
Psilocybe s.l. is a species of fungi that occurs in California. Psilocybin, the psychoactive compound found in magic mushrooms, has gained attention in California due to its potential therapeutic benefits and growing scientific research. Despite this, the cultivation, sale, possession, and transportation of magic mushrooms are illegal in California. However, cities like San Francisco, Oakland, and Santa Cruz have decriminalized the personal possession and use of psilocybin mushrooms. This has sparked a conversation about the legal and medical use of psychedelics, particularly in the context of mental health treatment.
| Characteristics | Values |
|---|---|
| Psilocybe Species in California | Psilocybe argentina, Psilocybe azurescens, Psilocybe baeocystis, Psilocybe coprophila, Psilocybe cyanescens, Psilocybe inquilina, Psilocybe montana, Psilocybe pelliculosa, Psilocybe physaloides, Psilocybe semilanceata, Psilocybe stuntzii |
| Legality in California | Illegal under state law; classified as Schedule I hallucinogenic controlled substances; cities like San Francisco, Oakland, and Santa Cruz have decriminalized possession and use |
| Legislative Efforts | Senate Bill 58, Assembly Bill 1617 |
| Federal Level | The DEA is considering moving psilocybin to Schedule II |
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What You'll Learn
Psilocybe s.l. species in California
Psilocybe s.l. species are known to occur in California. These include Psilocybe argentina (Speg.) Singer, Psilocybe azurescens Stamets & Gartz, and Psilocybe baeocystis Singer & A.H. Sm. Other Psilocybe species known to occur in California are Psilocybe coprophila (Bull.) P. Kumm., Psilocybe cyanescens Wakef., Psilocybe inquilina (Fr.) Bres., Psilocybe montana (Pers.) P. Kumm., Psilocybe pelliculosa (A.H. Sm.) Singer & A.H. Sm., Psilocybe physaloides (Bull.) Quél., Psilocybe semilanceata (Fr.) P. Kumm., and Psilocybe stuntzii Guzmán & J.
Psilocybe semilanceata, commonly known as liberty caps, is a hallucinogenic mushroom that can be distinguished by its conical cap, purple-brown mature gills, slender stipe that stains blue when handled, and occurrence in grasslands. It is common on the far north coast of California and rare in the south, typically found in grassy areas during fall and winter.
Psilocybe cyanescens is another species found in California, particularly on wood chips and trees. It is characterized by wavy cap margins and bluing on the stems and caps.
Psilocybe stuntzii is related to Psilocybe semilanceata and has been observed in California. However, there is limited specific information about its appearance and habitat in the state.
Psilocybe mushrooms are widely known for containing the psychoactive compounds psilocybin and psilocin, which can induce hallucinations and altered states of consciousness when ingested. These compounds are classified as Schedule I hallucinogenic controlled substances under California law, making the cultivation, possession, and sale of psilocybin mushrooms illegal in the state.
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Magic mushrooms' legal status in California
Magic mushrooms, or psilocybin mushrooms, are considered illegal under California law and federal law. Psilocybin and psilocin, the two active substances in magic mushrooms, are classified as Schedule I hallucinogenic controlled substances. This means they are considered highly dangerous and have no recognised medical use.
California Health and Safety Code Section 11054 prohibits the possession, use, sale, transportation, and cultivation of psilocybin-containing substances. However, there is an exception for "bona fide research, instruction, or analysis" that is approved by the Research Advisory Panel and not in violation of federal law. Despite this, California has taken steps towards softening its stance on drug offences, with Proposition 47 reducing penalties for certain drug-related crimes.
While there is no statewide decriminalisation for magic mushrooms in California, some cities like Oakland and Santa Cruz have decriminalised the use and possession of psychedelics, including psilocybin. This has caused confusion regarding the substance's legality, as local measures sometimes give the impression that psilocybin products are fully legalised throughout the state. However, it is important to note that decriminalisation is limited to specific localities, and California's statewide prohibition remains in place.
The legal status of psilocybin mushrooms is ambiguous in many national, state, and provincial drug laws, with a strong element of selective enforcement in some places. A loophole further complicates the situation, as spores of psilocybin mushrooms are legal to possess in many areas since they do not contain the drugs themselves. However, California has specifically enacted laws to criminalise the possession of psilocybin mushroom spores, along with Georgia and Idaho in the United States.
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Decriminalization of psilocybin in certain cities
Psilocybin, commonly known as "magic mushrooms", is federally classified as a Schedule I controlled substance in the United States, deemed to have no medicinal value and a high potential for abuse and addiction. However, in recent years, there has been a growing movement to decriminalize psilocybin in certain cities and states across the country.
The push for decriminalization is driven by several factors, including the rapid legalization of cannabis, increasing research highlighting the therapeutic benefits of psilocybin, and the argument that decriminalization would allow law enforcement to focus on higher-priority issues. In May 2019, Denver, Colorado, became the first city to decriminalize psilocybin, followed by Oakland and Santa Cruz in California, Washington, D.C., Somerville, Massachusetts, and several other cities. While the use, sale, and possession of psilocybin remain illegal under federal law, these cities have deprioritized its enforcement, reducing the likelihood of prosecution and penalties for individuals.
The state of Oregon has gone a step further, becoming the first state to decriminalize psilocybin and legalize its supervised use through a 2020 ballot measure. Colorado followed suit in 2022 with a similar medical use and decriminalization measure. In April 2025, New Mexico's governor signed the Medical Psilocybin Act, establishing a therapeutic psilocybin program in the state. These state-level actions indicate a shift in legislation and an increasing acceptance of psilocybin as a therapeutic tool.
The legal status of psilocybin varies across the United States, with some states reviewing bills to change legislation. While California has not yet decriminalized psilocybin statewide, the cities of Oakland and Santa Cruz have taken steps to deprioritize its enforcement. The future of psilocybin legislation in California remains uncertain, with ongoing discussions and proposals, such as Assembly Bill 1617, aiming to update the legal landscape surrounding "magic mushrooms" in the state.
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Medical and therapeutic applications of psilocybin
Psilocybin, the main psychoactive component of magic mushrooms, has been used for thousands of years in old-world cultures for mushroom-worshipping ceremonies. In addition to its recreational, spiritual, and religious uses, psilocybin has significant medicinal value.
Psilocybin has been shown to be safe for use in regulated spaces facilitated by a medical team and can be used in cognitive-behavioral therapy. Research has demonstrated that psilocybin can help reduce anxiety in cancer patients and facilitate smoking cessation. It has also been shown to reduce the reactivity of the amygdala to negative stimuli, correlating with an increase in positive mood states among participants. This suggests its potential therapeutic application in the treatment of mood and depression, where emotional processing is often impaired.
Psilocybin-assisted psychotherapy (PAP) has been shown to be effective in reducing PTSD symptoms, attachment anxiety, and demoralization in traumatized AIDS survivors. It has also been shown to facilitate confrontation with traumatic memories, decrease emotional avoidance, depression, anxiety, pessimism, and disconnection from others, and increase acceptance, self-compassion, and forgiveness of abusers.
Psilocybin has also been investigated as a potential treatment for mood disorders in terminally ill patients. A recent double-blind, placebo-controlled study tested psilocybin in 12 patients with various forms of cancer to reduce the psychological burden of a terminal diagnosis. Each patient had advanced-stage cancer and a clinical diagnosis of at least one of the following: acute stress disorder or generalized anxiety disorder.
While psilocybin has shown promising results in therapeutic applications, it is important to note that it is currently a Schedule I controlled substance, considered to have a high abuse potential and is not yet accepted medically. However, with further research and understanding, psilocybin-assisted treatments may provide new opportunities in the conventional treatment of psychiatric disorders.
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California's stance on drug offenses
California has a complex legal landscape regarding drug offenses, with laws and penalties varying depending on the type of drug, the quantity possessed or trafficked, and the defendant's criminal history. The state's approach aims to balance public health and safety, emphasizing treatment over punishment for drug-related offenses.
Controlled Substances and Scheduling
California law classifies controlled substances into various categories or schedules based on their potential for abuse and medical use. Schedule I substances, such as heroin, LSD, and ecstasy, have a high potential for abuse and no accepted medical use. Possession or trafficking of these drugs leads to severe legal penalties. Schedule II substances, including cocaine, methamphetamine, and prescription opioids, also have a high potential for abuse but possess accepted medical applications.
Possession and Trafficking
Drug possession in California can be charged as either a misdemeanor or a felony, depending on the substance, quantity, and aggravating factors such as prior convictions or connection to violent crimes. Possession for personal use of most Schedule I or II drugs is typically a misdemeanor, with penalties of up to one year in jail. However, it can escalate to a felony in cases involving large amounts or repeat offenses, resulting in imprisonment and substantial fines.
Drug trafficking and distribution are serious offenses under California law, attracting significant legal repercussions. Trafficking charges are based on the type and amount of drug involved, with penalties escalating for Schedule I and II substances. For example, trafficking heroin, cocaine, or LSD under California Health and Safety Code 11352 carries a sentence of three to nine years in prison, with additional time for large quantities or prior convictions. Distribution, which involves giving or selling controlled substances, can also result in felony charges and substantial prison sentences.
Proposition 36
Proposition 36, also known as the "Homelessness, Drug Addiction, and Theft Reduction Act," significantly altered California's approach to drug and theft offenses. It emphasizes treatment for drug-related offenses, recognizing addiction as a health issue. The initiative introduced the concept of "wobbler" offenses, which can be charged as either felonies or misdemeanors, depending on various factors. For example, possession of hard drugs with two prior drug-related convictions is now a wobbler offense. Proposition 36 also adopts a stricter stance on repeat offenders, utilizing increased penalties as deterrents.
Magic Mushrooms
Under California law, psilocybin and psilocin, the active substances in "magic mushrooms," are classified as Schedule I hallucinogenic controlled substances. The cultivation of mushrooms containing these substances is prohibited, and violations can result in felony arrests and convictions. However, there is ongoing ambiguity about the level of judicial scrutiny afforded by the Free Exercise Clause of the California Constitution, leaving the scope of state constitutional protections for the religious use of these substances unclear.
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Frequently asked questions
Yes, there are. Psilocybe s.l. species are known to occur in California.
No, they are illegal under California law and federal law. Possession, use, sale, transportation, and cultivation are all prohibited. Psilocybin and psilocin, the active substances in magic mushrooms, are classified as Schedule I hallucinogenic controlled substances.
Yes, there are ongoing legislative efforts to change the classification of psilocybin and decriminalize its use. Senate Bill 58, introduced in 2023, sought to allow the supervised therapeutic use of psilocybin mushrooms for adults over 21, but it was vetoed by Governor Gavin Newsom.
Yes, San Francisco, Oakland, and Santa Cruz have passed measures to deprioritize the enforcement of laws against the personal possession and use of psilocybin mushrooms. However, it is important to note that decriminalization does not mean that psilocybin is legal; it only reduces the likelihood of arrests and prosecutions.
Psilocybin has gained attention for its potential therapeutic benefits in treating mental health conditions such as depression, anxiety, PTSD, and substance use disorder. It has also been studied for its potential in end-of-life care, enabling patients to experience a more peaceful dying process.
