Michael Davis
The legal status of psilocybin mushrooms, also known as magic mushrooms, varies worldwide. In the United States, psilocybin was first regulated at the federal level in 1965, and it remains illegal under federal law to manufacture, possess, or sell the drug. However, in recent years, there has been a growing trend of state and local legislatures passing bills to decriminalize or legalize psilocybin for therapeutic or recreational use. As of 2025, magic mushrooms are legal in Oregon and Colorado for certain uses, and several other states are considering similar legislation. Internationally, magic mushrooms are legal in Brazil, Bulgaria, Jamaica, the Netherlands, and Samoa, while other countries have varying levels of regulation or prohibition.
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What You'll Learn
Psilocybin mushroom legislation in Oregon
In November 2020, Oregon became the first US state to legalize the regulated use of psilocybin, the active compound in psychedelic or "magic" mushrooms, for therapeutic purposes. This legislation, known as Measure 109, allows licensed professionals to administer psilocybin in controlled settings to anyone 21 or older who passes a screening. The aim is to provide therapeutic benefits for various mental health conditions, including depression, anxiety, PTSD, and addiction.
Oregon's Psilocybin Law represents a significant shift in drug policy and reflects a growing recognition of the potential benefits of psilocybin. The law establishes the Oregon Psilocybin Advisory Board, which is responsible for creating guidelines, regulations, and best practices for administering psilocybin therapy. The board includes experts in medicine, psychology, and public health, ensuring that safety and efficacy are prioritized.
While Oregon has led the way in legalizing psilocybin for therapeutic use, it is important to note that the mushrooms themselves remain illegal under federal law. Psilocybin and psilocin, the compound it becomes in the body, are listed as Schedule I drugs with a high potential for abuse and no recognized medical uses. However, psilocybin mushrooms have been used for medicinal and religious purposes in many cultures throughout history, and recent research has highlighted their therapeutic potential.
Following Oregon's groundbreaking move, several other states and cities in the US have followed suit in decriminalizing or legalizing psilocybin. For example, in May 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms, and other cities like Oakland, California, and Somerville, Massachusetts, have since joined this movement. Additionally, California has passed a bill through its Senate, and New Mexico has established a therapeutic psilocybin program.
However, it is worth noting that, as of 2024, much of the measure decriminalizing psilocybin in Oregon has been repealed, effectively recriminalizing the substance. Additionally, voters in several Oregon cities have banned psilocybin, highlighting the ongoing debate and evolving nature of psilocybin legislation. As research continues to explore the potential benefits of psilocybin, the legal landscape surrounding its use may continue to shift and evolve.
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US federal regulation of psilocybin
Psilocybin, the substance found in 'magic mushrooms', is a hallucinogenic substance that is illegal in the United States under federal law. Federal law states that the possession, distribution, and manufacture of psilocybin can result in large fines and long prison sentences. Psilocybin is classified as a Schedule I controlled substance, which means that it is deemed to have no medicinal benefit and a high potential for abuse and addiction.
In 1965, Senator Thomas J. Dodd sponsored a bill that led to the first federal regulation of psilocybin and psilocin. The Drug Abuse Control Amendments of 1965 were passed in July 1965 and came into effect on 1 February 1966. This law amended the federal Food, Drug and Cosmetic Act to regulate the unlicensed "possession, manufacture, or sale of depressant, stimulant and hallucinogenic drugs". However, the statutes did not list the specific "hallucinogenic drugs" being regulated, and many people were exempt from prosecution.
In 1970, the Comprehensive Drug Abuse Prevention and Control Act was passed, and psilocybin and psilocin became classified as Schedule I drugs and labelled as "hallucinogens". Psilocybin was also banned under the US Psychotropic Substances Act of 1978, in line with the United Nations Convention on Psychotropic Substances, which requires its members to prohibit psilocybin.
Despite federal law, the legal status of psilocybin varies across states and cities in the US. In 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use for mental health treatment. Colorado followed with a similar measure in 2022, and in 2025, New Mexico established a therapeutic psilocybin program. More than a dozen cities across the US have also decriminalized psilocybin, including Denver, Oakland, Santa Cruz, Seattle, and Detroit.
The movement towards decriminalization and legalization of psilocybin in the US is driven by increasing research into its therapeutic benefits and a shift in public opinion. However, opinions regarding psilocybin-assisted therapy remain divided due to concerns about its psychological and physical effects.
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Psilocybin mushroom laws in California
Psilocybin mushrooms, commonly known as "magic mushrooms", are illegal under federal law in the United States. Psilocybin is classified as a Schedule I drug, which means it has a high potential for misuse and no accepted medical use in treatment. However, California has been at the forefront of pushing for the legalization of psychedelic therapies, with several municipalities in the state moving to decriminalize natural psychedelics.
In June 2019, thirty individuals testified to the Oakland City Council about their experiences with psilocybin. Following the testimonies, the council unanimously voted to decriminalize the drug, along with peyote. In January 2020, Santa Cruz followed suit, voting unanimously to decriminalize the adult possession and cultivation of psilocybin. Commercial sale is still illegal. Other cities in California that have decriminalized natural psychedelics include San Francisco, Berkeley, and Oakland.
In September 2023, the California Senate passed Senate Bill 58, which would have decriminalized the possession and use of small amounts of psilocybin and psilocin for adults aged 21 and above. However, it was vetoed by Governor Gavin Newsom, who urged the legislature to include therapeutic guidelines in the bill.
Currently, there is a bill pending in the California State Legislature that would legalize the "possession, obtaining, giving away, or transportation of specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), and 3,4-methylenedioxymethamphetamine (MDMA)". The bill has been approved by the California State Senate with 21 votes in favor, and it is now in committee in the California State Assembly.
As more research is conducted on the medical and therapeutic benefits of psilocybin mushrooms, the United States could see a gradual change in their legality. Approximately 8 million Americans used psilocybin mushrooms in 2023, and a UC Berkeley poll showed that 61% of voters support the regulated therapeutic use of psychedelic substances. While California has yet to fully legalize or decriminalize psilocybin mushrooms, the state's efforts to reform drug policies and the increasing support for psychedelic therapies indicate a potential shift in the legal status of these substances in the future.
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Decriminalization of psilocybin mushrooms in Colorado
Psilocybin mushrooms, commonly known as "magic mushrooms", are classified as a Schedule I drug under the federal Controlled Substance Act. This means that they are considered to have a high potential for misuse and no accepted medical use in treatment in the United States. Despite this, there has been a growing interest in the therapeutic benefits of psilocybin, and its potential to help treat mental illnesses such as depression, PTSD, and addiction. As a result, some states have started to decriminalize or legalize the use of psilocybin mushrooms.
Colorado is one of the states that has taken steps towards decriminalizing psilocybin mushrooms. In May 2019, Denver, Colorado became the first city in the United States to decriminalize psilocybin mushrooms after a ballot initiative narrowly won with 50.6% of the vote. This initiative did not legalize mushrooms but prohibited Denver from using any resources to prosecute people for their use or possession. The law applies to adults over the age of 21. Following this, in November 2022, Colorado passed Proposition 122, which legalized the use of psilocybin for medical purposes.
Colorado is currently the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults aged 21 and older, with certain restrictions. The state is in the process of developing a regulatory system to allow consumer access to psilocybin mushrooms. However, it is important to note that the commercial sale of psilocybin is still illegal in Colorado.
The decriminalization of psilocybin mushrooms in Colorado has been influenced by the state's history with cannabis legalization. In 2012, Colorado became one of the first states to legalize recreational cannabis use, indicating a potential bipartisan legislative support for drug policy reform. Additionally, the increasing research and clinical trials on the therapeutic benefits of psilocybin have also played a role in influencing policy changes in Colorado.
While the decriminalization of psilocybin mushrooms in Colorado is a significant step, it is important to note that the drug remains illegal under federal law. However, with the growing interest in the therapeutic benefits of psilocybin and the potential for further legislative reform, it is possible that other states may follow in Colorado's footsteps in the coming years.
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International regulation of psilocybin
Psilocybin mushrooms are not regulated by UN treaties, but the United Nations Convention on Psychotropic Substances (1971) requires its members to prohibit psilocybin. However, the legal status of psilocybin varies across the world.
United States
In the US, psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, an amendment to the federal Food, Drug and Cosmetic Act. In 1970, psilocybin and psilocin were classified as Schedule I drugs, deemed to have no medicinal benefit and high abuse and addiction potential. Despite federal law, states like Oregon, Colorado, and New Mexico have legalized or decriminalized psilocybin mushrooms for supervised adult use or ruled that growing them does not qualify as "manufacturing" a controlled substance. Over a dozen cities have also deprioritized criminal enforcement related to psilocybin.
Canada
In Canada, psilocybin is illegal under the Controlled Drugs and Substances Act. However, the province of Alberta has regulated and allowed the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. British Columbia has also decriminalized small amounts of illicit drugs.
United Kingdom
In the UK, psilocybin mushrooms are prohibited under the Misuse of Drugs Act 1971. While advocacy groups are pushing for change, the government has stated it has no plans to review or change the status of psilocybin.
Australia
In 2023, Australia approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression. Psilocybin is also legal to possess and use, but not to sell, in the Bahamas and the British Virgin Islands.
Other Countries
Psilocybin is legal for medicinal use in countries like Denmark and legal for any use in countries like Peru, Bolivia, and Estonia. In New Zealand, the Psychoactive Substances Act created a regulatory authority for licensing approved psychoactive substances, but no substances have been approved as of October 1, 2021. In Ecuador, there are established quantities for possession, with small amounts decriminalized.
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Frequently asked questions
Psilocybin mushrooms, commonly known as "magic mushrooms", are illegal under federal law and in most states. However, some cities and states have decriminalized or deprioritized enforcement of drug laws prohibiting them. As of January 2025, Colorado is the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults aged 21 and older. Oregon has also passed legislation to license "psilocybin service centers" where adults can consume magic mushrooms in a supervised setting.
Psilocybin mushrooms have been used for thousands of years and have had numerous medicinal and spiritual uses in dozens of cultures. They have been studied for their effectiveness in treating mental illness, depression, PTSD, and addiction. There is increasing interest in their potential therapeutic uses, and clinical trials with psilocybin have shown promising results.
Psilocybin mushrooms are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which requires its members to prohibit them. They are also illegal under the US Psychotropic Substances Act, and possession and use are punishable by fines and incarceration. There are concerns about the potential for abuse, particularly when combined with other substances, and the risk of adverse events, especially for individuals with existing psychiatric conditions or cardiac diseases.
