John Miller
Wild mushrooms are not inherently illegal, but the status of psilocybin mushrooms, also known as magic mushrooms, varies worldwide. Psilocybin is a psychedelic drug that is naturally produced by these mushrooms. While it is listed as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, the mushrooms themselves were not included in the treaty. This has led to varying legal statuses across different jurisdictions, with some countries and US states decriminalising or regulating their use for medicinal or therapeutic purposes. The sale, possession, and use of psilocybin mushrooms are still considered illegal in many places, and their legal status continues to be a subject of debate and reform efforts.
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What You'll Learn
Legality of foraging and selling wild mushrooms
The legality of foraging and selling wild mushrooms varies depending on the type of mushroom and the jurisdiction. Psilocybin mushrooms, also known as "magic mushrooms", are considered illegal under federal law in the United States and are listed as Schedule I drugs under the Controlled Substances Act. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. However, some states such as Oregon, Colorado, and New Mexico have decriminalized psilocybin mushrooms and allowed their supervised use for medical or therapeutic purposes. In some jurisdictions, the sale and possession of psilocybin mushroom spores may be prohibited, while in others, the cultivation of these mushrooms may be considered drug manufacture and penalized.
On the other hand, non-psychedelic wild mushrooms may be legal to forage and sell in certain jurisdictions. For example, in the United States, there are specific regulations and guidelines for the sale of wild-foraged mushrooms in states like New York and Minnesota. However, it is important to note that the legality of foraging and selling wild mushrooms can vary from state to state, and even within different jurisdictions within a state. Therefore, it is crucial to consult local laws and regulations before engaging in any foraging or selling activities.
While some non-psychedelic mushrooms are legal, there is a growing market for edibles that contain psychedelic mushrooms, such as gummies and chocolates. These products often claim to provide a legal high and are sold openly in gas stations, smoke shops, and online marketplaces. However, the legality of these products is questionable, as they may contain undisclosed and potentially illegal ingredients, including psilocybin and other controlled substances. Consumers are advised to exercise caution when purchasing or consuming such products due to the potential risks associated with unknown or harmful ingredients.
The legal status of psilocybin mushrooms is not limited to the United States, as many countries have some level of regulation or prohibition. For example, the United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin and restrict its use to medical and scientific research. As a result, many countries have amended their national drug laws to reflect the terms of the convention, including the UK, Canada, Australia, and Japan. However, it is worth noting that the convention did not specifically include mushrooms containing psilocybin due to pressure from the Mexican government.
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Legality of psilocybin mushrooms
The legality 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 or drugs that have no recognised medical uses. However, psilocybin mushrooms have been used medicinally and religiously in many cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
While the 1971 Convention on Psychotropic Substances requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention, largely due to pressure from the Mexican government. Most national drug laws have been amended to reflect the terms of the convention, including the UK Misuse of Drugs Act 1971, the US Psychotropic Substances Act of 1978, the Australian Poisons Standard (October 2015), the Canadian Controlled Drugs and Substances Act of 1996, and the Japanese Narcotics and Psychotropics Control Law of 2002. The possession and use of psilocybin are prohibited under almost all circumstances and often carry severe legal penalties.
In some jurisdictions, psilocybin mushroom spores are legal to sell and possess because they do not contain psilocybin or psilocin. However, some jurisdictions, such as Germany and several US states, have specifically prohibited the sale and possession of these spores. The cultivation of psilocybin mushrooms is considered drug manufacturing in most jurisdictions and is often severely penalised. However, some countries and one US state (New Mexico) have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
In recent years, there have been efforts to decriminalise psilocybin mushrooms in some parts of the world. In 2020, Oregon became the first US state to decriminalise psilocybin and legalise it for supervised non-medical use. In the same year, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalise psilocybin mushrooms, and other US cities, including Denver and Ann Arbor, Michigan, have also taken steps towards decriminalisation. In 2023, Australia approved psilocybin for prescription medications for treating PTSD and treatment-resistant depression.
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Legality of psilocybin mushrooms in the US
Psilocybin mushrooms, commonly known as "magic 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 uses. However, psilocybin mushrooms have been used medicinally and religiously in several cultures throughout history, and their potential for abuse is significantly lower than that of other Schedule I drugs.
In the United States, psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, an amendment to the federal Food, Drug and Cosmetic Act. The amendment was intended to regulate the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs". The use, sale, and possession of psilocybin in the US are illegal under federal law, and it is classified as a Schedule I controlled substance. However, there is ambiguity in many state and provincial drug laws regarding the legal status of psilocybin mushrooms. Most US state courts consider the mushroom a "container" of the illicit drugs, and therefore illegal.
Some jurisdictions have specifically prohibited the sale and possession of psilocybin mushroom spores, including the US states of California, Georgia, and Idaho. In contrast, other jurisdictions allow the sale and possession of spores because they do not contain psilocybin or psilocin. The cultivation of psilocybin mushrooms is generally considered drug manufacture and is often severely penalized. However, the US state of New Mexico has ruled that growing psilocybin mushrooms for personal use does not constitute "manufacturing a controlled substance".
In recent years, there has been a growing movement to decriminalize psilocybin in the US. In May 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms, followed by other cities such as Ann Arbor, Michigan, Washtenaw County, Michigan, Somerville, Massachusetts, and Cambridge, Massachusetts. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use, although much of this measure was repealed in 2024. Colorado followed suit in 2022, becoming the second state to decriminalize psilocybin mushrooms. In 2025, Colorado issued the first sets of licenses for medical-assisted use of psilocybin. Additionally, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-profit distribution of psilocybin mushrooms.
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Legality of mushroom edibles
The legality of mushroom edibles varies worldwide. Psilocybin, the best-known psychedelic substance derived from "magic" mushrooms, is a Schedule I substance and is illegal under federal law except for clinical research. It is considered to have no medical use and a high potential for abuse. However, it has had numerous medicinal and religious uses in dozens of cultures throughout history and has a significantly lower potential for abuse than other Schedule I drugs.
In the United States, the commercial sale of psilocybin is illegal, and it is federally classified as a Schedule I controlled substance. However, more than a dozen cities nationwide have decriminalized or deprioritized the enforcement of laws against psilocybin in recent years. For example, in 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use. In 2022, Colorado followed Oregon in decriminalizing psilocybin mushrooms and legalizing their use for medical purposes. In 2023, Australia approved psilocybin for use in prescription medications for the treatment of PTSD and treatment-resistant depression.
The possession and use of psilocybin are prohibited under almost all circumstances in many countries, and cultivation is often considered drug manufacture and severely penalized. However, some countries and a few US states have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. Additionally, in some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin.
The legality of mushroom edibles is further complicated by the presence of undisclosed and potentially harmful or illegal ingredients, including psilocybin, psilocin, kratom, and prescription medications. Inaccurate labelling is also common in the mushroom edibles market, with some products claiming to use only non-psychoactive mushrooms while still promising psychedelic experiences. Consumers are advised to use caution when purchasing or consuming such products, as the potential risks and effects of these edibles are not yet fully understood.
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Legality of psilocybin mushrooms in Oregon
Psilocybin, the psychedelic drug produced naturally by psilocybin mushrooms, is classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognised medical use. However, psilocybin mushrooms have been used medicinally and religiously in several cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
In the United States, the Drug Abuse Control Amendments of 1965 first subjected psilocybin to federal regulation, and it was banned by the 1970 Controlled Substances Act. Psilocybin remains illegal under federal law, except for clinical research. However, Oregon voters passed a 2020 ballot measure (Measure 109) that made it the first state to both decriminalize psilocybin and legalize its supervised use. The measure allows regulated use of psilocybin in a therapeutic setting, distinguishing Oregon as a pioneer in integrating psychedelic substances into mental health treatment.
The Oregon Psilocybin Law sets the stage for regulated psilocybin therapy, allowing licensed facilitators to administer the substance in controlled environments and providing therapeutic benefits under professional supervision. The law establishes the Oregon Psilocybin Advisory Board, which includes experts in medicine, psychology, and public health. The board is responsible for creating guidelines, regulations, and best practices for the administration of psilocybin therapy, including licensing facilitators and setting standards for therapy centres.
On January 1, 2023, Oregon became the first state to allow adult use of psilocybin "magic" mushrooms. The measure authorises the creation of psilocybin service centres where anyone over 21 can consume the mushrooms in a supervised setting with a state-certified facilitator. While Oregon has legalised the use of psilocybin, it is important to note that the retail sale of psilocybin is not permitted, and consumption must take place at a licensed service centre.
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Frequently asked questions
Psilocybin, the psychedelic substance derived from "magic" mushrooms, is a Schedule I substance under federal law, making it illegal. However, some states like Oregon, Colorado, and the District of Columbia have decriminalized psilocybin mushrooms and allowed their use for therapeutic or medical purposes.
Yes, consuming wild mushrooms can be risky due to the potential presence of toxic substances. Inaccurate labeling and undisclosed ingredients in mushroom edibles have been noted as potential issues. It is important to exercise caution when consuming products claiming to provide psychedelic experiences.
Advocates for decriminalization argue that psilocybin is non-addictive and causes fewer emergency visits compared to other illegal drugs. They also believe that decriminalization would allow law enforcement to focus on higher-priority issues affecting public safety. Additionally, there is research indicating the potential therapeutic benefits of psilocybin in treating depression and nicotine dependence.
Yes, the legal status of psilocybin mushrooms varies across the world. While the United Nations 1971 Convention on Psychotropic Substances requires members to prohibit psilocybin, the mushrooms themselves were not specifically included due to pressure from Mexico. Some countries have regulated or prohibited psilocybin, while others have allowed its use for medicinal or research purposes. For example, Australia has approved psilocybin for prescription medications to treat PTSD and treatment-resistant depression.
