Laura Smith
California has been at the forefront of the psychedelic movement, with several cities decriminalizing the possession of psychedelic mushrooms. While the state has yet to fully legalize psilocybin mushrooms, there have been numerous efforts and discussions surrounding their therapeutic potential and the potential benefits for veterans and first responders. Despite setbacks and concerns, California continues to explore the possibilities of decriminalization and regulated use, reflecting a growing trend in the United States and worldwide.
| Characteristics | Values |
|---|---|
| Status of decriminalization of psychedelic mushrooms in California | California has not decriminalized psychedelic mushrooms. However, some cities like San Francisco, Oakland, and Santa Cruz have effectively decriminalized possession of psychedelic mushrooms, meaning a person cannot be arrested or prosecuted for possessing limited amounts of plant-based hallucinogens. |
| Legislative attempts to decriminalize psychedelic mushrooms | In 2023, Gov. Gavin Newsom vetoed a broad bill aiming to decriminalize psychedelic substances. Subsequently, a few similar bills have been proposed but have not passed. |
| Public opinion on decriminalization | A UC Berkeley poll showed that 61% of voters support regulated therapeutic use of psychedelic substances. |
| Sale of psychedelic mushrooms in California | Despite the lack of decriminalization, some dispensaries in Los Angeles County openly sell psychedelic mushrooms. |
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What You'll Learn
California cities that have decriminalized magic mushrooms
California has been trying to decriminalize the use of 'magic mushrooms' for therapeutic purposes. However, in 2023, Governor Gavin Newsom vetoed a broad bill that would have decriminalized the possession and personal use of psychedelic mushrooms. Despite this, some cities in California have decriminalized natural psychedelics that come from plants and fungi. These cities include Oakland, San Francisco, Santa Cruz, and Berkeley.
In 2019, Oakland became the first city in California to decriminalize psilocybin mushrooms after a unanimous vote by the city council. The following year, Santa Cruz voted to decriminalize the adult possession and cultivation of psilocybin. In 2023, Berkeley became the fifth city in California to decriminalize entheogenic plants and fungi.
The push to regulate psychedelics in California has faced opposition from various groups like the California Family Council and the California Coalition for Psychedelic Safety and Education. Opponents argue that the benefits of these drugs are still largely unknown, and there are concerns about potential negative effects, especially for children and young people.
Despite the veto at the state level, advocates in California are working to place initiatives on the ballot in 2024 and beyond to expand psychedelic use and establish a state agency for researching psychedelic therapies. The cities that have already decriminalized magic mushrooms in California are leading the way in this movement, and it remains to be seen whether the state will follow their example in the future.
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The Heal Our Heroes Act
California has been at the forefront of the push to decriminalize psychedelic mushrooms for therapeutic purposes. While the state has not yet fully decriminalized psilocybin mushrooms, there have been significant efforts and progress made towards this goal.
In 2023, Governor Gavin Newsom vetoed a broad bill that aimed to decriminalize psychedelic substances. However, he invited lawmakers to propose a bill that focused on the therapeutic potential of these substances. Sen. Scott Wiener (D-San Francisco) responded with a proposal that would have allowed the controlled ingestion of psilocybin and other hallucinogens under the supervision of licensed facilitators. Unfortunately, this bill did not advance, facing concerns from skeptical lawmakers about funding, implementation, and safety.
Despite these setbacks, there have been important developments at the local level. Cities like Berkeley, Oakland, San Francisco, and Santa Cruz have effectively decriminalized psychedelic mushrooms by deprioritizing law enforcement and penalties for possession and personal use. This reflects a growing recognition of the therapeutic benefits of these substances, especially for mental health challenges like anxiety and depression.
As of 2025, the push for decriminalization continues, with supporters seeking a strong test case to demonstrate the therapeutic value of psychedelics. The Heal Our Heroes Act, while not successful in its initial form, could provide a framework for future efforts to legalize and regulate the use of psychedelic mushrooms for specific populations like veterans and first responders.
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California Psilocybin Mushroom Legalization Initiative
The California Psilocybin Mushroom Legalization Initiative (#23-0004) was an attempt to legalize and regulate the cultivation, processing, and distribution of psilocybin mushrooms for medical, therapeutic, religious, or recreational use. The initiative did not make it onto the ballot in California on November 5, 2024, as proponents failed to submit the required number of signatures by the circulation deadline of January 10, 2024.
While California has not legalized psilocybin mushrooms, several cities within the state, including Berkeley, Oakland, San Francisco, and Santa Cruz, have effectively decriminalized the possession and use of these substances by deprioritizing law enforcement and penalties. This means that individuals in these cities cannot be arrested or prosecuted for possessing limited amounts of plant-based hallucinogens.
There have been several attempts to pass legislation at the state level to legalize or decriminalize psilocybin mushrooms in California. In 2023, Governor Gavin Newsom vetoed a broad bill that aimed to decriminalize psychedelic substances, asking lawmakers to come back with a bill that prioritized the therapeutic promise of these drugs. Sen. Scott Wiener responded with a proposal that would have allowed for psilocybin and other hallucinogens to be ingested in a controlled setting under the supervision of licensed and trained facilitators. However, this bill, like several others, did not pass.
Despite these setbacks, there is growing support for the legalization or decriminalization of psilocybin mushrooms in California, with advocates citing the therapeutic benefits of these substances in addressing mental health challenges such as anxiety and depression. Some lawmakers have also expressed interest in prioritizing veterans and former first responders, who are reported to have benefited from the use of psychedelics combined with therapeutic support.
As of 2025, California has not legalized or decriminalized psilocybin mushrooms at the state level, but several cities have taken steps to reduce penalties for possession and use, and advocates continue to push for regulatory frameworks that would allow for controlled and therapeutic use of these substances.
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California's stance on the UN Convention on Psychotropic Substances
The UN Convention on Psychotropic Substances, signed in 1988, provides an international drug control framework that regulates precursor chemicals to controlled substances and strengthens provisions against money laundering and drug-related crimes. In the United States, the Psychotropic Substances Act was enacted in 1978 as an amendment to the Controlled Substances Act, bringing US legislation in line with the requirements of the Convention.
California has not fully decriminalized psychedelic substances, including psilocybin mushrooms, at the state level. However, there have been several efforts and local initiatives to legalize or decriminalize their use for therapeutic purposes. In 2023, Governor Gavin Newsom vetoed a broad bill that aimed to decriminalize psychedelic substances. He requested a more targeted approach, similar to the regulatory framework in Oregon, the first state to legalize psychedelic mushrooms.
In response to Newsom's request, Senator Scott Wiener proposed a bill that would have allowed the controlled ingestion of psilocybin and other hallucinogens under professional supervision. Unfortunately, this bill, like several others before it, failed to pass. Despite growing support for the therapeutic potential of psychedelics, particularly for veterans and first responders, concerns about funding, program complexity, and safety have hindered their legalization in California.
At the local level, cities including Berkeley, Oakland, San Francisco, and Santa Cruz have effectively decriminalized psychedelic mushrooms by deprioritizing law enforcement and penalties for possession and use. Additionally, California cities have passed measures decriminalizing psychedelics, and supporters continue to pursue legalization through initiatives like the California Psilocybin Mushroom Legalization Initiative. While these efforts have faced challenges, they reflect a growing movement to explore the therapeutic benefits of psychedelics within a regulated framework.
In summary, California's stance on the UN Convention on Psychotropic Substances is reflected in its domestic laws and policies, which aim to balance international drug control frameworks with the evolving understanding of the therapeutic potential of certain substances. While California has not fully decriminalized psychedelics, local initiatives and ongoing advocacy efforts highlight a nuanced approach to addressing the potential benefits and risks associated with these substances.
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California's stance on the legalization of other psychedelics
California has been at the forefront of the push to decriminalize psychedelics, particularly psilocybin or "magic" mushrooms. While the state has not yet fully legalized or decriminalized psychedelics, there have been several significant developments and ongoing efforts in this direction.
In 2021, the California state Senate passed a bill to legalize hallucinogenic drugs for adults 21 and older. This bill aimed to legalize substances such as magic mushrooms, Ecstasy (MDMA), and other hallucinogens for therapeutic purposes. However, this bill faced opposition from law enforcement groups and concerns about its potential impact on public safety, and ultimately did not advance further.
In 2023, California Governor Gavin Newsom vetoed a broad bill that aimed to decriminalize psychedelic substances. In his veto, Governor Newsom requested a more targeted approach, similar to the regulatory framework established in Oregon, the first state to legalize psilocybin for therapeutic use.
Following Newsom's veto, lawmakers introduced a more focused bill authored by Senator Scott Wiener. This bill would have approved service centers where people could use magic mushrooms, MDMA, and mescaline for therapeutic purposes under the supervision of licensed facilitators. Unfortunately, this bill died in committee in May 2023.
Despite these setbacks, advocates for psychedelic therapies remain determined. They are seeking to place initiatives on the ballot in future elections to legalize psychedelics and establish research programs. Additionally, several cities in California, including Berkeley, Oakland, San Francisco, and Santa Cruz, have effectively decriminalized psychedelic mushrooms by deprioritizing law enforcement and penalties for possession and use.
While California has not yet fully legalized or decriminalized psychedelics, the state's efforts have been significant in advancing the conversation around the therapeutic potential of these substances, especially for veterans and individuals experiencing mental health challenges such as PTSD, depression, and anxiety.
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Frequently asked questions
No, California has not decriminalized mushrooms. However, some cities like San Francisco, Oakland, and Santa Cruz have effectively decriminalized possession of psychedelic mushrooms.
Psychedelic mushrooms, also known as magic mushrooms, contain psilocybin, a naturally occurring psychedelic compound.
Psilocybin mushrooms are illegal in California. Possession, cultivation, and sale are prohibited. However, there is ambiguity in the law, as spores of psilocybin mushrooms, which do not contain the drugs, are legal to possess in many areas.
Yes, there have been several attempts to decriminalize psilocybin mushrooms in California. In 2023, Gov. Gavin Newsom vetoed a bill that would have decriminalized psychedelic substances. However, he requested a bill focusing on therapeutic use, and subsequent bills have been proposed with this focus.
Advocates for decriminalization highlight the therapeutic benefits of psilocybin mushrooms in treating mental health issues such as anxiety, depression, and PTSD. They argue that decriminalization would provide a powerful tool to address the state's mental health and substance abuse crises.
