Emma Wilson
As of October 2023, the use, sale, and possession of psilocybin in the United States are illegal under federal law, although over a dozen cities have decriminalized or deprioritized them. In recent years, there has been a growing trend of states and cities passing bills to decriminalize psychedelic mushrooms, with supporters touting their therapeutic benefits in treating mental health conditions. Despite this, California Governor Gavin Newsom vetoed a bill in October 2023 that aimed to decriminalize the possession and use of psychedelic mushrooms, mescaline, and dimethyltryptamine (DMT) for those over 21. However, California voters may have a chance to weigh in on the issue in November 2024, with two initiatives to expand psychedelic use on the ballot. As of Spring 2025, state lawmakers are pushing to pass a wave of psychedelic-related bills, with New Mexico becoming the third state to establish a state-legal psilocybin access system.
| Characteristics | Values |
|---|---|
| Bill to decriminalize psychedelic mushrooms passed in | California, Oregon, Colorado, Washington, D.C., Somerville, Massachusetts, Cambridge, Northampton, Seattle, Denver, Oakland, Santa Cruz, Michigan, Maine, Indiana |
| Bill to decriminalize psychedelic mushrooms vetoed in | California |
| Bill to decriminalize psychedelic mushrooms rejected in | Massachusetts |
Explore related products
What You'll Learn
California Governor Gavin Newsom vetoed the bill
On October 7, 2023, California Governor Gavin Newsom vetoed Senate Bill 58, which aimed to decriminalize the possession and use of certain hallucinogens, including psychedelic mushrooms. The bill had passed in the California Legislature on September 7, 2023, but Newsom's veto quickly halted its progress. This decision contradicted the actions of cities within California, such as Oakland, San Francisco, Santa Cruz, and Berkeley, which had already decriminalized natural psychedelics derived from plants and fungi.
Newsom's veto was met with disappointment by supporters of the bill, including state Sen. Scott Wiener, who authored the legislation. Wiener emphasized the benefits of these substances for many Californians, including combat veterans and first responders, and regretted the continued criminalization of their use under California law. He vowed to introduce new legislation in the future, aiming to decriminalize psychedelic mushrooms and other substances like LSD and MDMA.
Despite the setback, there are ongoing efforts to bring the issue to California voters in November 2024. Advocates are working to place two initiatives on the ballot: one to legalize the use and sale of mushrooms for individuals 21 and older, and another to secure funding for a state agency dedicated to researching psychedelic therapies. These initiatives reflect a shift in public opinion towards supporting the therapeutic use of psychedelics, especially among veterans who have experienced the benefits firsthand in treating trauma and other mental health issues.
Even if California had passed the bill into law, psychedelic mushrooms would have remained illegal under federal law. However, there is a growing trend of cities and states across the U.S. challenging this status quo. Examples include Oregon and Colorado, which have implemented state-regulated programs for the use of psychedelics, and Denver, Colorado, which was the first city to decriminalize psilocybin mushrooms through a ballot initiative in 2019. These developments indicate a broader movement towards exploring the therapeutic potential of psychedelic substances.
How Do Mushrooms Live?
You may want to see also
Oregon voters approved decriminalisation in 2020
In 2020, Oregon voters approved Measure 110, a ballot measure that decriminalised the possession of small amounts of drugs, including psilocybin or "magic mushrooms". The measure was the first of its kind in the nation, aimed at treating addiction as a disease rather than a crime. The initiative faced backlash and was blamed for rising rates of fentanyl overdoses, public drug use, and homelessness, although studies showed that several factors contributed to these issues.
Measure 110 was approved by 58% of voters in Oregon in 2020, making the possession of illicit drugs punishable by a ticket and a maximum fine of $100. The measure directed cannabis tax revenue toward addiction services, but the distribution of funds was slow, and health officials struggled to establish a new treatment system during the COVID-19 pandemic.
The ballot measure faced opposition from critics, who argued that it lacked clarity on funding allocation and could potentially cut people off from life-saving interventions and treatment. Despite the criticism, the measure represented a significant shift in public opinion, favouring a more compassionate approach to drug use through health services rather than criminalisation.
In 2024, much of the measure decriminalising psilocybin was repealed, effectively recriminalising the possession of psychedelics in Oregon. This decision came after lawmakers reversed course and enacted a bill that recriminalised drugs, allowing police to arrest individuals for carrying small quantities. However, legislators established a $20 million "deflection" program to refer individuals facing possession charges to services instead of entering the criminal justice system.
Mushrooms: Complex Cellular Networks
You may want to see also
Colorado voters passed a decriminalisation measure in 2022
In 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. However, psilocybin remained illegal in Colorado until the passing of Proposition 122 in November 2022. This measure, also known as the Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative, allowed cities and counties to place referendums on local ballots to prohibit or allow psilocybin-product manufacturers or psilocybin service centers in unincorporated areas within their jurisdictions.
The ballot measure in 2022 passed with 61% of voters supporting a law that will allow, to the fullest extent permitted under Colorado law, the personal possession and therapeutic use of entheogenic plants by adults. This law will also create state-regulated centers where participants can experience the drug under supervision. The cost per required signature for the petition to qualify this measure for the ballot was $19.12.
Supporters of the measure celebrated the decision, with Natural Medicine Colorado stating: "This is a truly historic moment. Colorado voters saw the benefit of regulated access to natural medicines, including psilocybin, so people with PTSD, terminal illness, depression, anxiety and other mental health issues can heal."
Other propositions that were passed in Colorado in 2022 include Proposition FF, which eliminates some tax deductions, effectively raising taxes on Colorado households that make more than $300,000 a year. Proposition 123 will require lawmakers to start earmarking about 2% of income tax revenues for affordable housing efforts. Proposition 121 will see Colorado's flat income tax rate decline from 4.55% to 4.40%.
Reishi Mushrooms: How Do They Work?
You may want to see also
Explore related products
Maine Legislature is on track to pass a 'magic mushroom' bill
As of June 2025, the Maine Legislature is on track to pass a 'magic mushroom' bill. The bill has faced a strange path through the Legislature, with seven Republicans joining all but 11 Democrats to advance it in the House. Two of those Republicans, Reps. David Boyer and Quentin Chapman, were co-sponsors of Lookner's bill. The bill has faced narrow votes in the House and Senate, and Gov. Janet Mills could pose a further obstacle.
The bill's progress reflects a broader shift in public opinion towards supporting the therapeutic use of psychedelics, particularly in treating mental health conditions and trauma. This shift has been influenced by emerging scientific research highlighting the therapeutic and medicinal potential of psychedelics, including psilocybin mushrooms.
Several states and cities across the United States have already taken steps towards decriminalizing or legalizing psilocybin. In 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use. Other states, including Colorado, have followed suit, with Colorado also establishing state-regulated centers for supervised use. Additionally, cities like Denver, Oakland, Santa Cruz, and Seattle have also decriminalized psilocybin.
The momentum behind psychedelic-related legislation is evident in the introduction of over 36 related bills across more than a dozen states since the start of the 2025 legislative session. This wave of legislative activity indicates a growing recognition of the potential benefits of psilocybin mushrooms and other psychedelics in addressing various issues, including mental health disorders, addictions, and post-traumatic stress disorder.
While the Maine Legislature is on track to pass the 'magic mushroom' bill, the outcome remains uncertain, and the bill faces further hurdles before potential enactment. The progress in Maine contributes to the broader trend of reevaluating the legal status of psilocybin mushrooms and exploring their therapeutic potential through research and regulated access programs.
Mushrooms' Impact on Arthritis: Friend or Foe?
You may want to see also
Indiana bill sets up research of magic mushrooms for mental health treatment
In February 2024, Indiana lawmakers moved forward with Senate Bill 139, a bill to fund research on psilocybin mushrooms, commonly known as magic mushrooms, for mental health treatment. The bill, authored by Sen. Ed Charbonneau and Sen. Tyler Johnson, proposes the creation of a special fund for clinical studies and research into the therapeutic use of psilocybin. While the bill does not appropriate state money, it allows money from grants and programs to be channelled into the fund.
Senate Bill 139 does not seek to legalise the recreational use of magic mushrooms, which remains illegal under federal law. Instead, it focuses on exploring psilocybin as an alternative treatment for mental health disorders, including post-traumatic stress disorder (PTSD), anxiety, depression, bipolar disorder, chronic pain, migraines, and substance use disorders. The bill prioritises veterans and first responders, who are more likely to suffer from these issues, especially PTSD.
The idea of using magic mushrooms to treat mental health issues has gained traction in recent years, with advocates highlighting their potential in treating trauma and other illnesses. The U.S. Food and Drug Administration has designated psilocybin as a "breakthrough therapy" for treatment-resistant depression, and public opinion has shifted to support its therapeutic use.
The Indiana bill has received support from individuals like David Berkenfield, a Navy SEAL veteran who has been leading the fight against veteran suicide. Berkenfield emphasised the need for innovative solutions to address the high rate of veteran suicides and the lack of a one-size-fits-all treatment for PTSD and depression. Ken Maxwell, a veteran from North Carolina, also testified that a clinical trial of magic mushrooms helped diminish the severity and frequency of his cluster headaches, a condition he describes as "suicide headaches."
The bill has progressed through the Indiana legislature, passing the Senate Health and Provider Services committee unanimously and gaining approval from the House Public Health Committee with a 12-1 vote. It now awaits a full vote in the House. If passed, the bill would authorise the psilocybin research fund, administered by the Indiana Department of Health, and facilitate clinical studies to investigate the therapeutic potential of magic mushrooms in mental health treatment.
Truffle Mushrooms: Paleo-Friendly or Not?
You may want to see also
Frequently asked questions
No, California Governor Gavin Newsom vetoed a bill that would have decriminalized the possession and use of psychedelic mushrooms for adults over the age of 21.
Yes, as of 2025, Colorado, Oregon, and New Mexico have passed bills to decriminalize and regulate the use of psychedelic mushrooms.
The magic mushroom bill is on track to pass in the Maine Legislature.
