Emma Wilson
As the state of California weighs the decriminalization of psychedelics, dispensaries in Los Angeles have been reported to sell magic mushrooms, or psilocybin mushrooms, which are currently illegal. The Los Angeles County Sheriff's Department has served search warrants and attempted to shut down dispensaries selling these products, but the industry persists. If California's governor signs the bill to decriminalize psychedelics, the law will go into effect in 2025, and psilocybin mushrooms will be regulated as a foodstuff, with potential benefits for small businesses and cooperatives looking to enter the legal psilocybin marketplace.
| Characteristics | Values |
|---|---|
| Location | California, Oregon, Minnesota, Colorado, Canada, and certain other countries |
| Legality | Operate in a legal grey area; illegal in some places, but not others |
| Type of Mushrooms | Psilocybin, Amanita Muscaria, 4-AcO-DMT |
| Form | Fresh, dried, edibles (chocolate, gummies), capsules, tea, extract |
| Availability | In-store, online |
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What You'll Learn
- Magic mushrooms are sold in some dispensaries in Los Angeles
- California lawmakers have approved a measure to decriminalize certain psychedelics
- Law enforcement officials are concerned about the potential negative impacts of decriminalization
- The illegal mushroom industry persists because it is lucrative and difficult to shut down
- If decriminalized, psilocybin mushrooms would be regulated as a foodstuff
Magic mushrooms are sold in some dispensaries in Los Angeles
Psychedelic mushrooms have been sold in dispensaries in Los Angeles County, including in coastal areas and the Venice Beach neighborhood. Customers at these dispensaries are often buzzed past a locked door into a room where they can purchase a variety of psychoactive products. In one dispensary, a glass case displays "magic mushrooms" and items containing psilocybin, the hallucinogenic compound found in magic mushrooms. Other dispensaries keep mushrooms out of view and only sell them if customers specifically ask for them.
Magic mushrooms are also sold in edible products such as chocolate bars, gummies, and drinks. These products may be labeled with vague terms like "mushroom blend" or "magic blend," and their contents and dosages are often unclear. Some stores selling illegal products have been raided or shut down by government authorities.
The sale of magic mushrooms in dispensaries is not limited to Los Angeles. Psychedelic mushroom stores, or "magic mushroom dispensaries," have gained popularity in other parts of the United States, Canada, and other countries. In the United States, they are particularly prevalent in California and Minnesota, where the first mushroom dispensary recently opened.
As evidence of the therapeutic benefits of magic mushrooms grows, there is a push for their legalization or decriminalization in California and other states. Senate Bill 58, currently under consideration in California, aims to eliminate criminal penalties for possessing, growing, and sharing small amounts of psychedelic substances, including psilocybin. However, until such legislation is passed, the sale of magic mushrooms in dispensaries remains illegal and subject to enforcement by law enforcement agencies.
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California lawmakers have approved a measure to decriminalize certain psychedelics
In recent years, psychedelics have emerged as an alternative approach to treating a variety of mental illnesses, including post-traumatic stress disorder (PTSD). In 2021, a new California bill was introduced with the aim to decriminalize certain psychedelics and expunge criminal records. The bill was crafted in consultation with law enforcement groups and medical experts and takes a "moderate approach", according to Wiener, who backed the legislation. This bill was anticipated to take effect in 2025.
The bill would have removed criminal penalties for the possession and use of psychedelic mushrooms, mescaline, and dimethyltryptamine (DMT) for personal use. It would have only applied to those over the age of 21. Additionally, the bill would have required the California Health and Human Services Agency to study and make recommendations to lawmakers on the therapeutic use of psychedelic substances. This is in line with similar measures that have been passed in Oregon, Washington, D.C., Denver, and other cities in California, such as Oakland, San Francisco, Santa Cruz, and Berkeley.
Despite the growing body of research and a shift in public perception, the bill faced opposition and was ultimately vetoed by California Governor Gavin Newsom in October 2023. Newsom cited the need for more regulated treatment guidelines, including dosing information, therapeutic guidelines, and rules to prevent exploitation. He stated that the bill would decriminalize possession before these guidelines were established. However, lawmakers can override a governor's veto with a two-thirds vote, and there is a possibility that California voters will have a chance to weigh in on the issue in the future.
While the bill to decriminalize psychedelics in California was not approved, it is important to note that psychedelic mushroom stores, also known as magic mushroom dispensaries, have gained popularity in certain parts of the United States, including California. These stores operate in a legal grey area, and the products they sell may be illegal controlled substances or legal, depending on the product ingredients and jurisdiction. The mushroom edible market is largely unregulated, and it is often unclear what these products contain or what doses are present.
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Law enforcement officials are concerned about the potential negative impacts of decriminalization
Magic mushroom dispensaries, or psychedelic mushroom stores, are retail outlets that sell hallucinogenic mushroom products. They have gained popularity in certain parts of the United States, Canada, and other countries. In the United States, the sale and possession of psilocybin, the psychedelic compound in magic mushrooms, are illegal under federal law. However, there has been a growing movement to decriminalize psilocybin, with cities like Oakland, Denver, and Ann Arbor leading the way. While decriminalization does not mean legalization, it instructs law enforcement to make the enforcement of psilocybin laws a low priority.
Law enforcement officials have expressed concern about the potential negative impacts of decriminalization. One concern is the risk of a political backlash, which could hinder promising research on the therapeutic benefits of psilocybin. Additionally, there are worries about the potential for overuse and abuse of psilocybin, which can lead to dangerous situations. The unregulated nature of the mushroom edible market further complicates the situation, as it is often unclear what these products contain or what safe dosages are. Poisonings linked to certain mushroom edible products have been reported.
Another concern for law enforcement is the potential for an increase in illegal dispensaries and the challenges of shutting them down. Lt. Jay Moss of the Sheriff's Department's narcotics bureau in LA County described illegal dispensaries as "a really big problem," noting that despite their efforts to investigate and serve search warrants, the illicit industry persists due to its lucrative nature. The situation is analogous to the whack-a-mole game, where a new illegal dispensary pops up as soon as one is shut down. This dynamic can strain law enforcement resources and create a continuous cycle of enforcement challenges.
Furthermore, law enforcement officials worry about the potential impact on public safety. While the decriminalization of psilocybin may reduce the number of arrests and criminal records for possession or use, there are concerns about the availability and accessibility of magic mushrooms, especially to minors or vulnerable individuals. Without proper regulation and education, there is a risk of unintended negative consequences, such as an increase in substance abuse disorders or adverse health effects, especially for those already using pharmaceuticals.
Lastly, there is a concern about the potential for conflict with federal laws and the potential for federal intervention. While some cities and states have decriminalized psilocybin, it remains illegal under federal law. This creates a complex dynamic where local law enforcement must navigate between local decriminalization measures and federal prohibition. The presence of federal agents and the potential for conflicting priorities can create challenges for local law enforcement agencies.
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The illegal mushroom industry persists because it is lucrative and difficult to shut down
The illegal mushroom industry, specifically the trade of psychedelic or magic mushrooms, persists due to a combination of lucrative financial gains and the difficulty in enforcing shutdowns. While the legal status of psilocybin mushrooms varies worldwide, they remain illegal in most jurisdictions. The United Nations Convention on Psychotropic Substances of 1971 requires its signatories to prohibit psilocybin, and many countries have regulations or prohibitions in place, such as the US Psychotropic Substances Act and the UK Misuse of Drugs Act 1971. Despite these regulations, the illegal mushroom industry has proven resilient and profitable.
Psychedelic mushrooms and related products have been sold in dispensaries, stores, and cafes worldwide, including in the United States, Canada, Brazil, Indonesia, Jamaica, and Thailand. In certain parts of the United States, such as California and Minnesota, mushroom dispensaries have gained popularity, operating in a legal grey area. These dispensaries may sell actual hallucinogenic mushrooms or edible products like chocolate bars, gummies, or drinks infused with psilocybin or other compounds. The demand for these products has resulted in a thriving underground economy, despite the efforts of law enforcement to curb their sale.
The illicit mushroom industry is challenging to shut down due to its adaptive and decentralized nature. Lt. Jay Moss of the Los Angeles County Sheriff's Department's narcotics bureau described the challenge of tackling illegal dispensaries, comparing it to a game of "whack-a-mole." When one illegal dispensary is shut down, another often pops up in a different location. This mobility and the ability to operate in unincorporated areas or online contribute to the resilience of the illegal mushroom trade.
Additionally, the enforcement of regulations is complicated by ambiguous legal statuses and loopholes. For example, while psilocybin mushrooms are illegal in many places, the spores of these mushrooms, which do not contain the drug, may be legal to possess or sell in certain jurisdictions. This creates a loophole that can be exploited by those involved in the illegal mushroom industry. The ambiguous legal status of psilocybin mushrooms in some jurisdictions further complicates enforcement efforts.
The financial incentives driving the illegal mushroom industry are significant. The demand for psychedelic mushrooms and the associated products is high, and the profits generated make the industry very lucrative. This financial motivation fuels the persistence of the industry, even in the face of legal repercussions and enforcement efforts.
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If decriminalized, psilocybin mushrooms would be regulated as a foodstuff
In the United States, psilocybin is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse". Despite this, there has been a growing movement to decriminalize psilocybin mushrooms, with advocates drawing parallels to the rapid legalization of cannabis. This has led to the emergence of dispensaries that sell psilocybin mushrooms, often operating in a legal grey area.
The regulation of psilocybin mushrooms as a foodstuff would depend on the specific jurisdiction and the interpretation of relevant laws. In some places, psilocybin mushrooms are considered illegal substances, while in others, they may fall into a legal grey area or be explicitly decriminalized. For example, in the United States, the federal Food, Drug, and Cosmetic Act regulates the unlicensed "possession, manufacture, or sale" of hallucinogenic drugs. However, the statutes do not explicitly list psilocybin mushrooms, creating ambiguity in their legal status.
If psilocybin mushrooms were to be decriminalized and regulated as a foodstuff, they would likely be subject to similar regulations as other edible products. This could include labeling requirements, safety standards, and restrictions on sales to minors. Additionally, the production and distribution of psilocybin mushrooms would need to adhere to food safety regulations and quality control measures to ensure consumer safety.
The regulation of psilocybin mushrooms as a foodstuff would also have implications for the emerging industry of psychedelic mushroom stores and dispensaries. These businesses would need to comply with the relevant food regulations and obtain the necessary licenses and permits to operate legally. The regulatory framework would need to balance the potential benefits of psilocybin mushrooms with the risks associated with their consumption, ensuring that consumers have access to safe and properly labeled products.
While the decriminalization of psilocybin mushrooms could lead to increased accessibility and research into their potential therapeutic benefits, it is important to approach their regulation with caution. The potential risks associated with the consumption of psilocybin mushrooms, such as negative psychiatric effects, must be carefully considered in the development of appropriate regulatory frameworks.
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Frequently asked questions
Some dispensaries in Los Angeles sell "magic mushrooms", although this is illegal.
Magic mushrooms are psychedelic mushrooms that contain psilocybin, a compound that induces hallucinations when consumed.
No, psilocybin mushrooms are illegal in California. However, a bill has been passed to decriminalize certain types of psychedelics, and it is awaiting the governor's signature.
If Governor Gavin Newsom signs the bill, it will go into effect at the start of 2025, and people will no longer be arrested for using psilocybin mushrooms.
No, Decriminalize California does not sell, give away, or facilitate the sale of any controlled substances, including psilocybin mushrooms.
