
The decriminalization of psilocybin mushrooms, also known as magic mushrooms, has been gaining momentum in recent years, particularly in North America. Denver, Colorado, made history in May 2019 by becoming the first city in the United States to decriminalize the use and possession of psilocybin mushrooms through a ballot initiative. Since then, other cities and states have followed suit, including Oregon, Washington, D.C., Washtenaw County in Michigan, and Somerville, Massachusetts. The movement to decriminalize psilocybin is driven by growing evidence of its therapeutic potential in treating mental health disorders and enhancing the well-being of healthy individuals. However, it's important to note that decriminalization does not equate to legalization, and the sale of psilocybin mushrooms remains prohibited in most jurisdictions.
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What You'll Learn
- Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms in 2019
- Psilocybin is a Schedule I drug with a high abuse potential and no recognized medical uses
- In 2020, Oregon became the first state to legalize psilocybin
- The District of Columbia passed Initiative 81 in 2020, decriminalizing psilocybin drugs
- The use, sale, and possession of psilocybin are illegal under US federal law

Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms in 2019
Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms in May 2019. The ballot initiative won narrowly, with 50.6% of the vote. This initiative did not legalize mushrooms but prohibited Denver from spending any resources prosecuting people for their use or possession. In other words, it directed the police to focus on other crimes.
Psilocybin is a psychedelic drug naturally produced by psilocybin mushrooms, commonly known as "magic mushrooms". It is also the main psychoactive compound in over 150 species of psilocybe mushrooms. It has been used by Indigenous cultures for centuries for religious and sacramental purposes.
The decriminalization movement has been gaining momentum in recent years, with researchers showing that psychedelics like mushrooms and LSD can effectively treat a range of disorders, including depression, anxiety, and PTSD. Studies have also found that psilocybin can induce positive psychological experiences, enhance well-being, and treat substance use disorders.
Following Denver's lead, several other US cities have since decriminalized psilocybin through ballot initiatives or city council votes. For example, in November 2020, the District of Columbia passed Initiative 81, which decriminalized psilocybin drugs, making arrests for their possession or use the lowest priority for DC police. In January 2021, Washtenaw County, Michigan, followed suit, and the City Council of Somerville, Massachusetts, voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms.
In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, following Oregon, which legalized their use in 2020. However, it is important to note that the cultivation and sale of psilocybin mushrooms remain illegal in most jurisdictions, and they are still listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances.
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Psilocybin is a Schedule I drug with a high abuse potential and no recognized medical uses
Psilocybin, the main psychoactive compound in over 150 species of psilocybe mushrooms, is classified as a Schedule I drug in the United States. Schedule I drugs are defined as substances with no currently accepted medical use and a high potential for abuse. Psilocybin was first subjected to federal regulation in the US by the Drug Abuse Control Amendments of 1965 and was banned by the 1970 Controlled Substances Act.
Despite being classified as a Schedule I drug, psilocybin has been used by Indigenous cultures for centuries for religious and sacramental purposes. Ingesting it can lead to dramatically altered perception, often characterized by a dissolution of the ego, feelings of unity and connectedness with the world or others, transcendence of time and space, and a sense of awe and wonder.
In recent years, a growing body of clinical research has found that psilocybin can induce positive psychological experiences, making it effective in treating depression, anxiety, and substance use disorders, while also enhancing the well-being of healthy individuals. These findings have fueled a movement to decriminalize psilocybin, with advocates drawing parallels to the rapid legalization of cannabis in the United States.
As of 2025, several US cities and states have taken steps to decriminalize psilocybin through ballot initiatives or city council votes. Denver, Colorado, became the first city to do so in May 2019, followed by Oakland and Santa Cruz in California, and several cities in Massachusetts, Michigan, and Washington. In November 2020, Oregon passed two historic measures: The Psilocybin Service Initiative (PSI 2020) and the Drug Addiction Treatment and Recovery Act (DATRA). PSI 2020 legalized supervised psilocybin-assisted therapy programs in controlled settings, while DATRA decriminalized the possession of limited amounts of all controlled substances. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, and in February 2023, Australia approved its use in prescription medications for the treatment of PTSD and treatment-resistant depression.
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In 2020, Oregon became the first state to legalize psilocybin
The legalization of psilocybin in Oregon is significant as it represents a shift in drug reform and a challenge to longstanding prohibitions. The movement to decriminalize psilocybin has been influenced by the rapid legalization of cannabis in the United States, with advocates arguing for the therapeutic benefits of psilocybin in treating mental health conditions such as depression, anxiety, PTSD, and substance use disorders.
While Oregon was the first state to legalize psilocybin, it is important to note that multiple cities, including Denver, Oakland, and Santa Cruz, had previously decriminalized the substance. Additionally, the District of Columbia and several other cities have since followed suit, passing initiatives to decriminalize psilocybin drugs and make arrests for their possession or use a low priority for law enforcement.
Despite the legalization in Oregon, psilocybin remains illegal at the federal level, classified as a Schedule I controlled substance with ""no accepted medical use and a high potential for abuse." This regulatory clash has created tensions and challenges in implementing the legalization of psilocybin in Oregon, with state officials working to establish a system of supervised use and address concerns related to affordability and public safety.
While Oregon has taken a pioneering step in legalizing psilocybin, the future of this policy remains uncertain. As of 2022, roughly a third of the state's counties and cities are proposing ballot measures to ban the psychedelic in their communities, citing concerns about the unknown effects of the substance and its potential impact on users and the community.
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The District of Columbia passed Initiative 81 in 2020, decriminalizing psilocybin drugs
In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020. This initiative came into effect on March 15, 2021, and it decriminalized the use of psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline. While the initiative did not legalize these substances, it made arrests and prosecutions for their possession or use the lowest priority for the DC police. This means that law enforcement resources would not be used to pursue cases involving psilocybin drugs, making it similar to the decriminalization measures taken by other cities like Denver, Colorado, and Oakland, California.
The push for Initiative 81 in the District of Columbia was part of a growing movement to decriminalize psilocybin across the United States. Psilocybin is the main psychoactive compound found in over 150 species of psilocybe mushrooms, often referred to as "magic mushrooms." It has been used by Indigenous cultures for centuries for religious and spiritual purposes and has been shown to have potential therapeutic benefits in treating mental health disorders such as depression, anxiety, and post-traumatic stress disorder (PTSD). Proponents of decriminalization argue that psilocybin can induce positive psychological experiences and enhance well-being, despite its reputation as a dangerous drug.
The Entheogenic Plant and Fungus Policy Act of 2020 allowed for the possession and non-profit gifting or distribution of psilocybin mushrooms and other substances like ibogaine, dimethyltryptamine (nn-DMT), and mescaline. This initiative followed a similar framework to the existing laws regarding the possession and gifting of marijuana products in the District of Columbia. The act aimed to prioritize community access and equitable access to these substances without the need for pharmaceutical companies or strict regulatory frameworks.
The decriminalization of psilocybin in the District of Columbia reflects a shift in drug reform policies and a recognition of the potential therapeutic benefits of psychedelics. However, it is important to note that psilocybin remains a Schedule I controlled substance under federal law, indicating that it has no accepted medical use and a high potential for abuse. Despite this classification, the District of Columbia, along with other jurisdictions, has chosen to deprioritize law enforcement efforts towards psilocybin drugs, recognizing the potential benefits and the need for further research.
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The use, sale, and possession of psilocybin are illegal under US federal law
Psilocybin, the main psychoactive compound in "magic mushrooms", is a federally banned substance in the United States. It is classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse. The 1970 Controlled Substances Act first banned the drug, and under federal law, its possession, distribution, and manufacture can result in hefty fines and lengthy prison sentences.
Despite this, there has been ambiguity and selective enforcement in the legal status of psilocybin mushrooms in many national, state, and provincial drug laws. In recent years, a growing movement has advocated for the decriminalization of psilocybin, citing its potential therapeutic benefits and non-addictive nature. This has led to a wave of clinical research, with studies consistently finding that psilocybin can induce positive psychological experiences effective in treating depression, anxiety, and substance use disorders.
As a result, several U.S. cities have decriminalized psilocybin through ballot initiatives or city council votes. In May 2019, Denver, Colorado, became the first city to decriminalize the use and possession of psilocybin mushrooms, prohibiting the city from using resources to prosecute individuals for their use or possession. Since then, over a dozen cities have followed suit, including Oakland, Santa Cruz, and Ann Arbor. 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 implemented a similar measure in 2022, and in 2025, became the first state to issue licenses for medical-assisted use.
While the trend towards decriminalization and state-regulated programs is growing, the use, sale, and possession of psilocybin remain federally illegal in the United States. However, smaller-scale offenses are often managed at the state level, resulting in varying penalties across the country.
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Frequently asked questions
Yes, in 2022, Colorado became the second US state to decriminalize psilocybin mushrooms.
Yes, Oregon decriminalized psilocybin in 2020.
Decriminalizing doesn't mean that psilocybin is legal, but it directs the police to focus on other crimes.
In 2021, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020. This initiative decriminalized psilocybin drugs, making arrests for their possession or use the lowest priority for DC police.
In 2019, Denver became the first city in the US to decriminalize the use and possession of mushrooms containing the psychedelic compound psilocybin.

























