Emily Johnson
Oregon has been at the forefront of the decriminalization of psilocybin or magic mushrooms, becoming the first state to do so in 2020. This came about through the passing of Ballot Measure 109, which also legalized the substance for supervised non-medical use. The Oregon Psilocybin Services Act establishes a regulatory framework for the use of psilocybin and has inspired similar movements across the country, including in Washington, where cities have begun decriminalizing the substance. While the decriminalization of psilocybin in Oregon is a significant step, there are still concerns about affordability and equitable access to psychedelic medicine.
| Characteristics | Values |
|---|---|
| First state to decriminalize mushrooms | Oregon |
| Date of decriminalization | November 2020 |
| First city to decriminalize mushrooms | Denver, Colorado |
| Date of decriminalization in Denver | May 2019 |
| Other cities that have decriminalized mushrooms | Oakland, California; Santa Cruz, California; Olympia, Washington; Tacoma, Washington |
| Mushrooms decriminalized in Olympia | Plant-based hallucinogens, including psilocybin mushrooms |
| Mushrooms decriminalized in Tacoma | Natural psychedelics containing tryptamines, phenethylamines, and indolamines |
| Mushrooms as a Schedule I drug | Illegal under federal law except for clinical research |
| Mushrooms as a Schedule II drug | A reclassification would allow for more controlled research and access |
| Oregon Psilocybin Services Act | First law in the United States that establishes a regulatory framework for receiving psilocybin |
| Types of licenses required under the Oregon Psilocybin Services Act | Manufacturers, laboratories, facilitators, and service centers |
| Side effects of mushroom consumption | Hallucinations, altered states of consciousness, tolerance, "bad trips", "flashbacks" |
| Benefits of mushroom consumption | Help with trauma, depression, anxiety, post-traumatic stress disorder, addiction, and end-of-life anxiety |
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What You'll Learn
Oregon voters approved Measure 109 in 2020
In 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use. This came after Oregon voters approved Ballot Measure 109, also known as the Oregon Psilocybin Services Act. The measure was passed with support from 1.27 million Oregonians, or 55.75% of the vote.
The Oregon Psilocybin Services Act is the first law in the United States that establishes a regulatory framework for receiving psilocybin, also known as psychedelic mushrooms. The law requires the state to issue four types of licenses: manufacturers that cultivate and/or process psilocybin products; laboratories that test psilocybin products; facilitators who support clients through preparation, administration, and integration sessions; and service centers where psilocybin products are sold and consumed by clients in a supported setting.
Under the Oregon Psilocybin Services Act, clients may consume psilocybin in various forms, including dried, whole mushrooms, tea, edible food products such as chocolate, capsules containing ground homogenized fungi, or an extract. Before consuming psilocybin, clients must meet with a licensed facilitator for a preparation session, which includes gathering information about the client, reviewing the Client Bill of Rights, discussing consent and safety planning, and planning for transportation as clients will be unable to drive or operate heavy machinery after their session.
Measure 109 has been met with some criticism. The Oregon Psychiatric Physicians Association expressed concern over the potential adverse effects of psilocybin, stating that it could interact negatively with prescribed medications and worsen mental health conditions. They also highlighted the potential for individuals to discontinue their current treatments without medical advice. Additionally, some worry that the cost of supervised mushroom trips, which can be as high as $2,500, will make psychedelic medicine inaccessible to many people.
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Psilocybin is a psychedelic compound found in mushrooms
Psilocybin is a naturally occurring psychedelic compound found in more than 200 species of mushrooms that grow around the world. For centuries, Indigenous and Tribal communities have used psilocybin for spiritual and ceremonial purposes.
In recent years, there has been a growing movement to decriminalize psilocybin, with advocates drawing inspiration from the rapid legalization of cannabis. In August 2024, the City Council in Olympia, Washington, passed a resolution decriminalizing plant-based hallucinogens, including psilocybin mushrooms. This followed similar efforts in other cities across Western Washington, such as Tacoma, and in states like Oregon and Colorado.
Oregon has played a pioneering role in the decriminalization and legalization of psilocybin. In November 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use through Ballot Measure 109, also known as the Oregon Psilocybin Services Act. This measure established a regulatory framework for the manufacturing, transportation, and sale of psilocybin products, with the first treatments at service centers beginning in mid-2023.
The legalization of psilocybin in Oregon has sparked interest in its potential therapeutic benefits, particularly for mental health conditions. Researchers have explored the use of psilocybin in treating substance abuse, depression, PTSD, and end-of-life anxiety. However, concerns remain about the lasting side effects of misuse and the affordability of psilocybin services.
Psilocybin is currently classified as a Schedule I controlled substance under federal law, indicating no accepted medical use and a high potential for abuse. Efforts are underway to have it reclassified as a Schedule II drug to facilitate more controlled research and access.
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The Oregon Psilocybin Services Act establishes a regulatory framework
In 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use. This was after Oregon voters approved Measure 109, also known as the Oregon Psilocybin Services Act. The Oregon Psilocybin Services Act is the first law in the United States that establishes a regulatory framework for receiving psilocybin, also known as psychedelic mushrooms.
The Oregon Psilocybin Services Act requires the state to issue four license types. These include licenses for manufacturers that cultivate and/or process psilocybin products, laboratories that test psilocybin products, facilitators who support clients through preparation, administration, and integration sessions, and service centers where psilocybin products are sold and consumed by clients in a supported setting.
To use psilocybin under the Oregon Psilocybin Services Act, clients must first meet with a licensed facilitator for a preparation session. During this session, the facilitator will gather information about the client and review and discuss various documents, including the Client Bill of Rights, Client-Informed Consent, Safety and Support Planning, interpretation or accessibility needs, data sharing, and what to expect during and after the administration session. The facilitator will also discuss transportation planning, as clients will not be able to drive, ride a bike, or operate heavy machinery after their administration session. It is important to note that clients do not need a prescription or referral from a healthcare provider, but the facilitator can deny access for any reason.
Psilocybin is a naturally occurring psychedelic compound found in more than 200 species of mushrooms that grow naturally around the world. Indigenous and Tribal communities have used psilocybin for spiritual, ceremonial, and other purposes for centuries. Research suggests that psilocybin may help address depression, anxiety, trauma, and addiction, and it may also increase spiritual well-being.
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The drug was banned by the 1970 Controlled Substances Act
Psilocybin mushrooms, also known as magic mushrooms, have been used for centuries by Indigenous and Tribal communities worldwide for spiritual, ceremonial, and other purposes. In the United States, however, the drug has faced a different fate, with a history of prohibition and criminalization.
Despite the strict regulations, there has been ambiguity in the legal status of psilocybin mushrooms, and some jurisdictions have allowed the possession and cultivation of these substances. In 2005, New Mexico's Court of Appeals ruled that growing psilocybin mushrooms for personal use was not considered "manufacturing a controlled substance" under state law. This ruling set a precedent for the interpretation of drug manufacturing laws in certain jurisdictions.
In recent years, there has been a growing movement towards decriminalization and legalization of psilocybin mushrooms in the United States. In 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms, followed by Oakland, California, and other cities across the country. These efforts have been driven by grassroots organizations advocating for the therapeutic potential of psilocybin in treating mental health issues such as trauma, depression, anxiety, and addiction.
In 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use through the Oregon Psilocybin Services Act. This act established a regulatory framework for the use of psilocybin, requiring licenses for manufacturers, laboratories, facilitators, and service centers. While Oregon has led the way in legalization, concerns have been raised about the commercialization of psychedelic experiences and the impact on access and equity.
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The decriminalization movement is inspired by rapid cannabis legalisation
Oregon became the first US state to decriminalize psilocybin mushrooms in November 2020, with the passing of Ballot Measure 109. This move was inspired by the rapid legalization of cannabis in the United States. In fact, advocates for decriminalizing psilocybin based their movement on the increasing acceptance and legalization of cannabis.
The United States has witnessed a significant shift in cannabis policy over the past decade. As of December 2021, cannabis was legal for medicinal use in 33 states and the District of Columbia. Additionally, 10 states and the District of Columbia had expanded their policies to legalize cannabis for recreational purposes. This means that all but three states had implemented some form of cannabis liberalization, whether through decriminalization, medical cannabis laws, or recreational legalization.
The legalization of cannabis refers to the complete removal of legal prohibitions, making it available for purchase and use by adults, similar to tobacco and alcohol. On the other hand, decriminalization involves removing criminal sanctions for possession of small amounts, with penalties ranging from nothing to civil fines, drug education, or treatment. While no state has fully legalized cannabis, 26 states have passed medical cannabis laws, decriminalization laws, or both.
The movement toward more liberal cannabis policies has been accompanied by growing public support for legalization. This shift in public opinion and the increasing acceptance of cannabis have likely influenced the push for psilocybin decriminalization in Oregon and other states.
Following Oregon's lead, several cities in Washington, including Olympia and Tacoma, have also decriminalized psilocybin mushrooms. This trend suggests that the decriminalization movement is gaining momentum and could lead to further changes in drug policy across the United States.
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Frequently asked questions
Yes, Oregon became the first U.S. state to decriminalize psilocybin mushrooms in November 2020.
Oregon voters approved Measure 109 in 2020, which established a regulatory framework for receiving psilocybin. The measure allows the Oregon Health Authority to license and regulate the manufacturing, transportation, and sale of psilocybin products.
Psilocybin mushrooms can be consumed in various forms, including eating dried, whole mushrooms, drinking tea, consuming edible food products such as chocolate, swallowing capsules containing ground homogenized fungi, or consuming an extract.
