Michael Davis
In 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. This was the result of a ballot initiative that narrowly won with 50.6% of the vote. The initiative prohibited Denver from spending resources to prosecute people for their use or possession of mushrooms. In 2022, Colorado voters approved Proposition 122 to legalize natural psychedelics, allowing the use of mushrooms at state-regulated healing centers and personal private use for adults over the age of 21. While the legalization of mushrooms in Colorado has sparked excitement, there are also concerns about affordability and safety, with the potential for adverse effects such as anxiety, fear, and existential struggle.
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What You'll Learn
- Oregon was the first US state to legalize psilocybin mushrooms in 2020
- Denver, Colorado, was the first US city to decriminalize psilocybin mushrooms in 2019
- Psilocybin mushrooms are classified as Schedule I drugs under the 1971 UN Convention on Psychotropic Substances
- Psilocybin mushrooms have been used medicinally and religiously in many cultures throughout history
- Psilocybin spores are legal to sell and possess in many places, as they don't contain psilocybin or psilocin
Oregon was the first US state to legalize psilocybin mushrooms in 2020
On November 3, 2020, Oregon became the first US state to legalize psilocybin mushrooms for mental health treatment in supervised settings. The legalization occurred after the state's Ballot Measure 109 passed with 56.12% of the vote. The measure allows regulated use of psychedelic mushrooms in a therapeutic setting. It also creates a two-year period for working out regulatory details, including the qualifications required of therapists overseeing the treatment.
Oregon's legalization of psilocybin mushrooms is part of a growing movement in the United States to decriminalize and legalize the substance. Proponents of legalization argue that psilocybin mushrooms have been shown to have medical benefits, particularly for trauma survivors, and can be effectively used to treat mental health conditions. Additionally, psilocybin mushrooms have been used medicinally and religiously in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
Prior to Oregon's statewide legalization, several cities in the United States had already taken steps to decriminalize psilocybin mushrooms, including Denver, Colorado; Oakland, California; Santa Cruz, California; Ann Arbor, Michigan; and Seattle. These cities' measures typically did not distinguish between medical and recreational uses of the substance.
Following Oregon's lead, other states and cities have also explored loosening restrictions on psilocybin mushrooms. For example, in November 2020, the District of Columbia passed Initiative 81, which decriminalized the use of psilocybin mushrooms and other psychedelic substances. 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.
While the trend towards decriminalization and legalization of psilocybin mushrooms continues to grow, it is important to note that the substance remains federally prohibited in the United States. Psilocybin is classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse." However, with increasing research and public support for legalization, the regulatory landscape surrounding psilocybin mushrooms in the United States may continue to evolve in the coming years.
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Denver, Colorado, was the first US city to decriminalize psilocybin mushrooms in 2019
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. This came about after a ballot initiative won with 50.6% of the vote. The initiative did not legalize mushrooms but prohibited Denver from using any resources to prosecute people for their use or possession. This law only applies to adults over the age of 21.
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 no recognized medical uses. However, psilocybin mushrooms have been used medicinally and religiously by dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965. The law was an amendment to the federal Food, Drug and Cosmetic Act and was intended to regulate the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs".
In November 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use after the Ballot Measure 109 passed. Multiple cities have decriminalized the substance, but Oregon was the first to permit supervised use statewide. The measure allows regulated use of psychedelic mushrooms in a therapeutic setting. It creates a two-year period during which regulatory details will be worked out, including what qualifications are required of therapists overseeing its use.
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Psilocybin mushrooms are classified as Schedule I drugs under the 1971 UN Convention on Psychotropic Substances
Psilocybin mushrooms, also known as "magic mushrooms", have been used in spiritual and divinatory ceremonies in Mesoamerica for centuries. In the 16th century, Spanish chroniclers first documented their use. In 1958, Swiss chemist Albert Hofmann isolated psilocybin and psilocin from the mushroom Psilocybe mexicana.
Despite their long history of traditional use, psilocybin mushrooms are currently illegal in most countries. Psilocybin and psilocin are listed as Schedule I drugs under the 1971 UN Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognised medical uses. The convention requires its members to prohibit psilocybin and restrict its use to medical and scientific research under strict control. However, due to pressure from the Mexican government, the mushrooms themselves were not specifically included in the convention.
While the UN convention sets the framework for international drug control, the legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Many countries have some level of regulation or prohibition in place. For example, in the US, psilocybin is federally classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse. Similarly, the UK Misuse of Drugs Act 1971, the Canadian Controlled Drugs and Substances Act, and the Japanese Narcotics and Psychotropics Control Law also reflect the strict international stance on psilocybin.
However, there is a growing movement towards decriminalisation and legalisation of psilocybin mushrooms in some places. In the US, cities like Denver, Colorado, Oakland, California, and Seattle have passed measures to decriminalise psilocybin mushrooms, and some states like Oregon have gone a step further by legalising their use for supervised non-medical purposes. These changes reflect a shift in public opinion and a recognition of the potential therapeutic benefits of psilocybin, particularly in mental health treatment. While the legal status of psilocybin mushrooms remains complex and varied, there is a growing trend towards exploring their potential benefits and re-evaluating their legal status.
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Psilocybin mushrooms have been used medicinally and religiously in many cultures throughout history
Psilocybin mushrooms, commonly known as magic mushrooms or shrooms, are hallucinogenic and have been used for medicinal and religious purposes by various cultures throughout history. They are a polyphyletic informal group of fungi that contain the prodrug psilocybin, which turns into the psychedelic psilocin upon ingestion.
One of the earliest depictions of hallucinogenic mushroom use comes from a 4000 BCE cave painting in Spain, which illustrates the use of Psilocybe hispanica, a species with hallucinogenic properties. In the Americas, they are represented in pre-Columbian sculptures and glyphs. The Aztec Indians of South America referred to psilocybin mushrooms as teonanacatl, meaning "god's flesh" or "divine mushroom" in the Nahuatl language, and used them in religious and healing rituals. Bernardino de Sahagún reported the ritualistic use of teonanácatl by the Aztecs when he travelled to Central America after the expedition of Hernán Cortés. The Spanish believed the mushrooms allowed the Aztecs to communicate with demons, and Catholic missionaries in the 1500s attempted to destroy all records and evidence of their use.
Despite this suppression, the use of teonanácatl has persisted in some remote areas. In modern times, psilocybin has been studied for its potential medical benefits, with several FDA-approved clinical studies indicating its value for psychotherapy in treating conditions such as severe depression, PTSD, anorexia, chronic pain, fibromyalgia, and addiction.
In terms of their legal status, psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which requires members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. However, due to pressure from the Mexican government, the mushrooms themselves were not specifically included in the convention, creating ambiguity in the legal status of psilocybin mushrooms in some jurisdictions. In the United States, psilocybin is federally classified as a Schedule I controlled substance with no accepted medical use, and it is prohibited under most circumstances. However, some states and cities have passed measures to decriminalize psilocybin mushrooms, and Oregon became the first state to legalize them for supervised non-medical use in 2020.
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Psilocybin spores are legal to sell and possess in many places, as they don't contain psilocybin or psilocin
The legal status 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 no recognized medical uses. However, the 1971 Convention did not specifically include psilocybin mushrooms, and they are not regulated by UN treaties.
Many countries have some level of regulation or prohibition of psilocybin mushrooms. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act. In some jurisdictions, Psilocybe spores are legal to sell and possess, because they do not contain psilocybin or psilocin.
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, which regulated the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs." However, the statutes did not list the hallucinogenic drugs being regulated. Despite the seemingly strict provisions of the law, many people were exempt from prosecution. The statutes permitted people to possess such drugs for personal use, for a member of their household, or for administration to an animal.
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms after a ballot initiative won with 50.6% of the vote. The initiative prohibited Denver from spending resources to prosecute people for their use or possession. The law applies to adults over the age of 21. In November 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use. In the same month, the District of Columbia passed Initiative 81, which decriminalized psilocybin drugs, making arrests for their possession or use the lowest priority for DC police.
Several cities have followed suit in decriminalizing psilocybin mushrooms, including Ann Arbor, Michigan; Oakland, California; and Seattle. Some states, such as Oregon and Colorado, have legalized the use of psilocybin, and several other states are working towards the same goal.
While the spores are technically considered federally legal, some states, such as California, Georgia, and Idaho, prohibit the spores themselves. In California, it is illegal to cultivate, transport, sell, furnish, or give away spores capable of producing mushrooms that contain a controlled substance. However, psilocybin spores are legal in California when "lawfully obtained and used for bona fide research, instruction, or analysis."
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Frequently asked questions
Yes, in 2023, Colorado became the second state to legalize the use of psilocybin mushrooms in designated healing centers.
Yes, in 2020, Oregon became the first state to legalize the use of psilocybin mushrooms under medical supervision.
Psilocybin mushrooms are federally classified as a Schedule I controlled substance, which means they are considered to have "no accepted medical use and a high potential for abuse." However, some states and cities have decriminalized their use, and there are ongoing efforts to legalize or decriminalize them in other parts of the country.
Advocates for legalization argue that psilocybin mushrooms have been shown to have beneficial effects on mental health conditions such as depression, PTSD, and addiction. They also argue that Indigenous populations have recognized the benefits of psychedelics for hundreds of years and that the potential risks are low.
Opponents of legalization may argue that psilocybin mushrooms can cause hallucinations and extreme intoxication, and there is a potential risk of negative experiences or "bad trips." There are also concerns about the lack of regulatory oversight and the potential for abuse or misuse.
