Laura Smith
The legal status of psilocybin mushrooms, also known as magic mushrooms or shrooms, is complex and varies across different countries and even within sub-national jurisdictions. In the United States, psilocybin was first regulated at the federal level in 1965, and it is currently classified as a Schedule I drug under the Controlled Substances Act. While federal law prohibits the possession, sale, and cultivation of psilocybin mushrooms, some U.S. states and cities have enacted legislation to decriminalize or legalize their use for medicinal or therapeutic purposes. As of 2025, Colorado and Oregon have legalized certain uses of psilocybin mushrooms, and other states like California and Massachusetts are considering similar legislation. Globally, the legal status of psilocybin mushrooms is similarly varied, with countries like Canada, Australia, and some European nations allowing medicinal use, while others like Russia, India, and South Africa maintain stricter prohibitions.
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What You'll Learn
- Psilocybin mushroom spores are illegal in some US states
- The UN Convention on Psychotropic Substances requires members to prohibit psilocybin
- US federal law classifies psilocybin as a Schedule I drug
- Oregon was the first US state to decriminalise psilocybin
- Colorado was the second US state to decriminalise psilocybin
Psilocybin mushroom spores are illegal in some US states
The legal status of psilocybin mushrooms in the United States has been ambiguous, with varying state laws and selective enforcement in some places. While psilocybin is federally illegal, some states have decriminalized or legalized its use.
Psilocybin spores are illegal in some US states, including California, Georgia, and Idaho, which have specifically prohibited the sale and possession of these spores. In these states, the spores themselves are prohibited, even though they do not contain the drugs psilocybin or psilocin. This distinction exists because psilocybin mushrooms as a whole are not classified as a federally illegal controlled substance. Instead, psilocybin and psilocin are named as controlled substances under Schedule I of the Controlled Substances Act (CSA).
The federal legality of psilocybin spores only extends to spores that do not contain psilocybin or psilocin. If the spores contain these substances, they are considered controlled substances under the CSA. This means that the cultivation, possession, or sale of psilocybin spores with the intent to produce mushrooms containing psilocybin or psilocin is illegal under federal law.
The ambiguity surrounding the legal status of psilocybin mushroom spores has led to an underground economy involved in the sale of spores and cultivation materials, as well as an internet-based social network supporting these illicit activities.
While some states have specifically prohibited the sale and possession of psilocybin mushroom spores, other states are pursuing psychedelics reform legislation. For example, in 2024, a bill introduced in New York State would allow adults to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors after undergoing a health screening and education course.
The legalization and decriminalization of psilocybin mushrooms and spores vary across US states, with ongoing legislative changes influenced by evolving attitudes, research, and evidence regarding their therapeutic benefits.
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The UN Convention on Psychotropic Substances requires members to prohibit psilocybin
The legal status of psilocybin mushrooms varies across the world. 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 drugs that have no recognized medical uses. The 1971 Convention requires its members to prohibit psilocybin and restrict the use of the drug to medical and scientific research under controlled conditions.
The United Nations Convention on Psychotropic Substances was adopted in 1971 and requires its members to prohibit psilocybin. However, the mushrooms containing the drug were not specifically included in the convention due to pressure from the Mexican government. The Mexican government argued that "production" of psychotropic drugs should not apply to wild-growing plants such as peyote cacti or psilocybin mushrooms. The Commentary on the Convention on Psychotropic Substances clarifies that while many plant-derived chemicals are controlled by the treaty, the plants themselves are not.
The Convention on Psychotropic Substances allows for traditional use and religious rituals. Paragraph 4 of Article 32 allows states to make reservations for plants growing wild with psychotropic substances that are used in magical or religious rites by specific groups. However, the official commentary states that psychedelic plants were not included in the original schedules and are not covered by the convention. The purpose of Paragraph 4 of Article 32 was to assure states of the right to permit the continuation of traditional use if plants were added to Schedule I in the future.
Despite the international requirements set by the UN Convention, the legal status of psilocybin mushrooms varies across different jurisdictions. In the United States, psilocybin and psilocin were first regulated at the federal level in 1965, with subsequent legislation in 1968 and 1970. At the state level, there has been ambiguity and selective enforcement regarding the legal status of psilocybin mushrooms. Some states, like Oregon, Colorado, and Washington, D.C., have decriminalized psilocybin or legalized it for supervised use. Other states like California, Georgia, and Idaho have specifically prohibited the sale and possession of psilocybin mushroom spores.
Outside of the United States, countries like Canada, Australia, and Denmark have legalized psilocybin for medicinal use. On the other hand, countries like Russia, India, and South Africa have prohibited psilocybin. The legal landscape regarding psilocybin mushrooms is evolving as research into the therapeutic benefits of psilocybin and other psychedelics expands.
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US federal law classifies psilocybin as a Schedule I drug
Psilocybin, the substance found in 'magic' mushrooms, is illegal in the United States under federal law and is classified as a Schedule I drug. This classification means that psilocybin is deemed to have no medicinal benefit and a high potential for abuse and addiction. Schedule I drugs are considered to have no accepted medical use and a high potential for abuse, with the potential to create severe psychological and/or physical dependence.
The federal law that specifically banned psilocybin was enacted on 24 October 1968, and the substance was classified as a Schedule I drug on 27 October 1970 under the Controlled Substances Act (CSA). Psilocybin mushrooms were first regulated by the Drug Abuse Control Amendments of 1965, which was intended to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. However, the statutes did not explicitly list hallucinogenic drugs as one of the regulated substances.
While psilocybin remains illegal at the federal level, there have been efforts to decriminalize and legalize its use at the state and local levels. For example, in May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. This was followed by other cities in California, Michigan, Massachusetts, and Washington. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use. In 2022, Colorado became the second state to decriminalize psilocybin mushrooms.
The movement to decriminalize and legalize psilocybin is ongoing, with lawmakers in several states pursuing psychedelics reform legislation. The legal status of psilocybin is evolving as attitudes and evidence regarding its use develop. Research into the therapeutic benefits of psilocybin and other psychedelics is expanding, and it is predicted that psychedelics will be legalized throughout the US by 2037.
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Oregon was the first US state to decriminalise psilocybin
In November 2020, Oregon became the first US state to decriminalize psilocybin mushrooms and also legalize them for supervised non-medical use. This came after the Ballot Measure 109 passed with 56.12% of the vote. The measure was backed by Sheri and Thomas Eckert, both psychotherapists, who told The Oregonian/OregonLive that psilocybin could help people struggling with issues like depression, anxiety, and addiction.
Measure 109 allows adults aged 21 and over to use psilocybin, commonly known as \"magic mushrooms\", in supervised and licensed therapy sessions. The Oregon state Health Authority has two years to decide how psilocybin mushrooms will be grown and processed and how the state will license both therapy centers and therapists providing mushroom-assisted treatment. The measure also creates a two-year period for working out regulatory details, including what qualifications are required of therapists overseeing psilocybin use.
Another measure on the ballot, Measure 110, decriminalized the possession of small amounts of drugs, including psychedelic mushrooms. This measure passed with decisive voter support, reflecting a shift in focus towards public health and away from criminalizing people for drug use.
Oregon's move to decriminalize psilocybin was preceded by similar actions taken by multiple cities across the US. In May 2019, Denver, Colorado, became the first city in the country to decriminalize psilocybin mushrooms. This was followed by Oakland and Santa Cruz, California, in June 2019 and January 2020, respectively. In November 2020, the District of Columbia passed Initiative 81, which decriminalized psilocybin drugs, including magic mushrooms, making arrests for their possession or use a low priority for police.
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Colorado was the second US state to decriminalise psilocybin
In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. The first was Oregon, which passed a ballot measure in 2020, making it the first state to both decriminalize psilocybin and legalize its supervised use.
In Colorado, it is now legal for people 21 and older to possess, share, and use magic mushrooms, including psilocybin, psilocin, DMT, ibogaine, and mescaline not extracted from peyote. People 21 and older may also grow psychedelic mushrooms in a private residence, as long as people under 21 are not given access to them.
The decriminalization of psilocybin in Colorado began with the city of Denver in May 2019, when a ballot initiative narrowly won with 50.6% of the vote. This initiative did not legalize mushrooms but prohibited Denver from using resources to prosecute people for their use or possession. Psilocybin remained illegal in the rest of Colorado until the passing of Proposition 122 in November 2022.
The new legislation does not allow the retail sale of mushrooms and other drugs, and there will not be any psychedelic dispensaries. However, the state will eventually allow legal "healing centers" where consumers can pay for supervised psilocybin experiences. These centers are still a long way off, as the state has only just started drawing up rules and regulations for these businesses and their employees.
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Frequently asked questions
No, magic mushrooms are illegal in the US under federal law. However, state laws vary, and in some places, psilocybin is legal or decriminalized for medicinal or therapeutic purposes.
Oregon and Colorado are the only two states that have legalized magic mushrooms. In Oregon, "psilocybin service centers" are licensed for the use of magic mushrooms under supervision for people 21 and older. Colorado has decriminalized the possession and use of magic mushrooms for adults 21 and older, but the sale is still prohibited.
Magic mushrooms are legal in Brazil, Bulgaria, Jamaica, the Netherlands, Samoa, Canada, Australia, Denmark, Peru, and Bolivia.
Decriminalization means that a drug remains illegal, but law enforcement agencies are less likely to prosecute individuals, and penalties are significantly reduced or removed. Legalization, on the other hand, means that a once-illegal substance is no longer illegal.
The movement to decriminalize psilocybin in the US began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin. As of 2025, many cities, including Oakland and Santa Cruz, California; Somerville, Cambridge, and Northampton, Massachusetts; Ann Arbor, Michigan; Seattle, Washington; and Detroit, have decriminalized or deprioritized enforcement of psilocybin laws.
