Michael Davis
Magic mushrooms, scientifically known as psilocybin mushrooms, are fungi that contain psychoactive compounds that can alter perception, mood, and cognitive processes. In California, the legal status of magic mushrooms is primarily governed by state and local laws. While some cities within California, including Oakland and Santa Cruz, have moved to decriminalize the possession and use of magic mushrooms, statewide prohibition remains firmly in place. As of 2025, magic mushrooms are illegal to possess, use, or distribute in California, and those who violate these laws may face criminal charges, including fines, jail time, or probation. However, advocates for psychedelic therapies plan to press the California Legislature to legalize them in 2025, and community advocacy groups are working to raise awareness about the potential positive impacts of psilocybin.
| Characteristics | Values |
|---|---|
| Status of psychedelic mushrooms in California | Illegal under state law, but some cities have decriminalized their use and possession |
| Cities that have decriminalized | Oakland, Santa Cruz, Arcata, San Francisco, Berkeley, Long Beach, Santa Ana |
| Legal consequences | Fines, jail time, probation, loss of job opportunities, difficulties in finding housing |
| Therapeutic potential | May be beneficial for conditions like depression, PTSD, and anxiety |
| Public opinion | 61% of voters support regulated therapeutic use |
| Federal law | Overrides local decriminalization efforts, meaning federal prosecution is still possible |
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What You'll Learn
Legality of psychedelic mushrooms in California
In California, it is illegal to possess, use, sell, transport, or cultivate/create any psilocybin-containing substance, which includes magic mushrooms. Under California Health & Safety Code Section 11054, subdivision (d), psilocybin and psilocin, the two active substances in "magic mushrooms", are classified as Schedule I hallucinogenic controlled substances. There is currently no medical or religious exception in the statutes.
However, there has been a push for change in recent years, with California at the forefront of psychedelic policy reform. In 2019, the City of Oakland became the first in the nation to decriminalize a wide range of psychedelics, including psilocybin mushrooms. Soon after, in early 2020, city leaders in Santa Cruz also agreed to decriminalize the adult use, possession, and cultivation of entheogenic psychoactive plants and fungi. Other California cities, including Arcata, San Francisco, and Berkeley, have followed suit.
At the state level, in 2023, State Senator Scott Wiener introduced Senate Bill 58, which would have substantially altered the legal landscape regarding magic mushrooms by allowing for the "'facilitated or supported use' of mushrooms containing psilocybin and/or psilocin. Unfortunately, this bill was not passed, with skeptical lawmakers expressing concerns about funding, complexity, and safety. Despite this setback, advocates are regrouping to try again, with the support of drug reform advocacy groups and researchers.
While California has made strides toward softening its stance on drug offenses, with efforts such as Proposition 47 reducing penalties for certain drug-related crimes, the statewide prohibition of magic mushrooms remains firmly in place. It is important to note that the decriminalization of psychedelics is currently limited to specific localities within California, and there is no blanket statewide decriminalization. The legal system can be complex and unforgiving, especially regarding controlled substances, so professional legal advice is recommended for those facing psilocybin-related charges.
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Therapeutic potential and health benefits
Although magic mushrooms are illegal in California, they have gained attention in recent years due to their potential therapeutic benefits. Psilocybin, the active ingredient in magic mushrooms, is a powerful psychedelic that can alter one's perception of space and time, induce visual distortions, euphoria, and mystical experiences. Despite being classified as a Schedule I drug with "no currently accepted medical use and a high potential for abuse", researchers are actively pursuing clinical trials to explore the therapeutic potential of psilocybin.
One area of interest is the potential of psilocybin in treating psychiatric and behavioral disorders. Research has suggested that psilocybin can reduce anxiety and depression, not only in the general population but also specifically in people with cancer, improving their quality of life and acceptance of their illness. Additionally, psilocybin has been found to aid in smoking cessation and may be effective in treating other substance use disorders, including addictions to alcohol and cocaine.
Psilocybin therapy has also been explored as a potential treatment for depression, with the Usona Institute currently planning a phase III trial. Furthermore, psilocybin has a long history of use in Indigenous communities worldwide, with evidence of its use in Central America for healing and spiritual rituals dating back to 3000 B.C. Some researchers even believe that rock paintings in Western Australia indicate psilocybin use by Indigenous peoples over 10,000 years ago.
While psilocybin shows promise in various therapeutic applications, it is important to acknowledge the potential risks involved. Psilocybin may worsen symptoms in individuals with personality disorders or schizophrenia, and those with heart or liver disease are at a higher risk of negative side effects. Additionally, there is a risk of misidentifying mushrooms, as toxic mushrooms may be consumed instead of those containing psilocybin. Furthermore, the effects of psilocybin can lead to extreme fear, anxiety, panic, or paranoia, resulting in a "bad trip." Therefore, it is crucial that psychedelic therapy occurs under professional supervision to minimize risks and ensure a safe therapeutic experience.
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Public interest and advocacy
The conversation around magic mushrooms in California goes beyond legal circles and has sparked public interest and advocacy efforts. Many California residents are advocating for broader decriminalization and even legalization for medicinal purposes. This push is informed by emerging research that highlights the potential health benefits of psychedelic therapies. For instance, research suggests that psilocybin, the active ingredient in magic mushrooms, may offer therapeutic benefits in treating conditions like depression, PTSD, and anxiety.
Community advocacy groups in cities like Long Beach and Santa Ana are working to raise awareness about the potential positive impacts of psilocybin. These grassroots efforts contribute to the dialogue and could influence future legislation. Additionally, advocacy initiatives also focus on harm reduction strategies, aiming to educate the public on the safe and informed use of magic mushrooms.
Veterans' organizations, such as Heroic Hearts and Veterans Exploring Treatment Solutions (VETS), are actively involved in advocating for expanded access to psychedelic treatments. They provide "healing grants" to veterans seeking guided psychedelic retreats in other countries, as demand currently outstrips the availability of treatment options in California. This push for expanded access is driven by the high rate of suicide among veterans, with suicide being the second leading cause of death for veterans under 45.
While California has not yet legalized psychedelics, it has been at the forefront of policy change. Cities like Oakland, Santa Cruz, Arcata, San Francisco, and Berkeley have decriminalized the use and possession of psychedelics. State Senator Scott Wiener introduced Senate Bill 58, which aimed to allow for the "facilitated or supported use" of mushrooms containing psilocybin. This bill reflects the growing support for legalizing or decriminalizing psilocybin among psychologists, researchers, and veterans' advocates who have witnessed mental health improvements after psychedelic treatment.
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Localities decriminalising psychedelics
As scientific research on the therapeutic and medicinal potential of psychedelics grows, so does legal and political support for decriminalization. "Decriminalization" can mean different things, but it generally implies that people can possess or use a personal amount of the substance despite it being illegal, and that law enforcement will not prioritize arresting and prosecuting people for possession or use.
In the United States, psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". It is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse". However, a growing number of localities, particularly in North America, are revising their legal frameworks. This includes a growing list of cities across the US that have made changes to their laws surrounding psychedelics, with about two dozen cities across the country that have decriminalized psychedelics to varying degrees.
In California, cities such as Oakland, Santa Cruz, San Francisco, Berkeley, and Arcata have decriminalized the use and possession of psychedelics, including psilocybin mushrooms. In 2019, Oakland became the first city in the nation to decriminalize a wide range of psychedelics. Santa Cruz followed suit in early 2020, decriminalizing the adult use, possession, and cultivation of entheogenic psychoactive plants and fungi. In 2023, Berkeley became the fifth city in California to decriminalize entheogenic plants and fungi.
At the state level, California has not fully decriminalized psychedelics. Senate Bill 58, introduced in 2023, would have allowed for the "facilitated or supported use" of mushrooms containing psilocybin, but it did not pass. Despite this, California has been at the forefront of psychedelic policy change, with efforts such as Proposition 47 reducing penalties for certain drug-related crimes. While California's statewide prohibition on psychedelics remains in place, there is growing support for reform, and the state's laws are expected to continue to evolve as more localities decriminalize.
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Penalties for possession and distribution
While California has been at the forefront of psychedelic policy change, with cities like Oakland, Santa Cruz, Arcata, San Francisco, and Berkeley decriminalizing the use and possession of psychedelics, the statewide prohibition on psychedelic mushrooms remains in place. Under California law, psilocybin and psilocin, the two active substances in "magic mushrooms", are classified as Schedule I hallucinogenic controlled substances. This means that the cultivation, possession, use, sale, transportation, or creation of any psilocybin-containing substance is illegal and can result in criminal charges.
The penalties for possession and distribution of psychedelic mushrooms in California vary depending on the quantity involved and the nature of the offense. Possession of small amounts of mushrooms for personal use is typically charged as a misdemeanor, resulting in misdemeanor fines and a maximum of one year in county jail. However, possession of larger quantities, especially if the mushrooms are individually packaged or there is evidence of intent to distribute, can lead to felony charges. Felony convictions carry state prison sentences and substantially larger fines.
The cultivation of psychedelic mushrooms is also illegal in California and is considered drug manufacturing. Those caught cultivating psilocybin-containing mushrooms can face felony narcotics charges under California Health Code 11358, resulting in multiple years in state prison and significant fines. It is important to note that the penalties for felony convictions are more severe and can have life-changing negative consequences.
In addition to criminal penalties, individuals convicted of psilocybin-related offenses may face separate challenges such as job loss and difficulties in finding housing. The legal system regarding controlled substances is complex, and seeking professional legal assistance is highly recommended to protect one's rights and navigate the potential consequences. While there have been efforts to soften California's stance on drug offenses, the state continues to enforce strict penalties for possession and distribution, especially when it comes to psychedelic mushrooms.
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Frequently asked questions
No, psychedelic mushrooms are illegal in California. Psilocybin, the active ingredient in magic mushrooms, is classified as a Schedule I hallucinogenic controlled substance.
The penalties for possession of psychedelic mushrooms in California can include fines, jail time, or probation, depending on the severity of the offense and whether it is a felony.
Yes, there have been several efforts to legalize or decriminalize psychedelic mushrooms in California. In 2023, State Senator Scott Wiener introduced Senate Bill 58, which would have allowed for the "facilitated or supported use" of psychedelic mushrooms. Additionally, cities like Oakland, Santa Cruz, Arcata, San Francisco, and Berkeley have decriminalized the use and possession of psychedelic mushrooms.
There is growing interest in the therapeutic potential of psychedelic mushrooms for treating conditions like depression, PTSD, and anxiety. Advocates argue that psychedelic mushrooms could be a valuable tool for addressing mental health issues, particularly among veterans.
The risks of using psychedelic mushrooms include adverse effects such as headaches and nausea, as well as potential extended difficulties such as anxiety, existential struggle, social disconnection, and feeling detached from oneself and one's surroundings. It is important to use psychedelic mushrooms in a safe and informed manner.
