Emma Wilson
The legality of hallucinogenic mushrooms has been a topic of debate and controversy for decades. Commonly known as magic mushrooms, psilocybin mushrooms have been used for their psychoactive effects in various cultures throughout history. While the mushrooms have been illegal in many parts of the world, there have been recent shifts towards decriminalization and legalization in certain jurisdictions. As research into the therapeutic benefits of psilocybin expands, the legal landscape surrounding these hallucinogenic fungi continues to evolve. So, have hallucinogenic mushrooms always been illegal? The answer is complex and ever-changing, with a growing number of jurisdictions reevaluating their stance on these substances.
| Characteristics | Values |
|---|---|
| Date when psilocybin and psilocin became classified as Schedule I drugs | 27 October 1970 |
| Current status of psilocybin | Schedule I controlled substance |
| Status of psilocybin mushrooms | Not classified as Schedule I controlled substance |
| Status of spores | Legal to possess in many areas |
| Status of spores in Germany, California, Georgia, and Idaho | Illegal |
| Status in Oregon | Decriminalized and legalized for supervised use |
| Status in Colorado | Decriminalized and legalized for medical use |
| Status in Denver, Oakland, Santa Cruz, Washington D.C., Somerville, Cambridge, Northampton, Seattle, Detroit, and Ann Arbor | Decriminalized |
| Status in New Mexico | Cultivation for personal use is not considered "manufacturing of a controlled substance" |
| Status in Canada | Legal for medicinal use |
| Status in Australia | Legal for medicinal use |
| Status in Peru and Bolivia | Legal |
| Status in Russia, India, and South Africa | Illegal |
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What You'll Learn
- Hallucinogenic mushrooms have been used for thousands of years for religious and medicinal purposes
- In 1799, hallucinogenic mushrooms were first mentioned in European medicinal literature
- In 1970, psilocybin and psilocin were classified as Schedule I drugs in the US
- In 2020, Oregon became the first US state to decriminalise psilocybin and legalise its supervised use
- The legal status of hallucinogenic mushrooms varies worldwide
Hallucinogenic mushrooms have been used for thousands of years for religious and medicinal purposes
Hallucinogenic mushrooms, often referred to as "magic mushrooms", have been used for thousands of years for religious and medicinal purposes. The active ingredient in these mushrooms is psilocybin, a substance with hallucinogenic properties. While the use of hallucinogenic mushrooms has been documented in various ancient cultures, their legal status has evolved over time and varies across different regions.
Psilocybin mushrooms have a long history of use in religious and spiritual rituals. For example, evidence suggests that the South American Aztecs used these mushrooms in their religious practices. In modern times, the legal status of psilocybin mushrooms has been a subject of debate and ongoing changes. In the United States, the Drug Abuse Control Amendments of 1965 first regulated psilocybin under federal law, and it was later classified as a Schedule I drug under the Controlled Substances Act in 1970. Schedule I drugs are considered to have a high potential for abuse and no accepted medical use.
However, the medicinal benefits of psilocybin mushrooms have been recognised and utilised for centuries. In recent years, there has been a growing body of research supporting the therapeutic potential of psilocybin in treating mental health conditions such as depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. This has led to a movement towards decriminalisation and legalisation of psilocybin in some parts of the world. For instance, in 2022, Colorado became the second US state to decriminalise psilocybin mushrooms, and other states like Oregon have also made strides in this direction.
The legal status of psilocybin mushrooms varies internationally. While some countries like Peru and Bolivia have legalised psilocybin, others such as Russia, India, and South Africa have prohibited it. In Canada, the province of Alberta has taken steps to regulate and allow the use of psilocybin for medicinal purposes. Similarly, Australia has approved the use of psilocybin in prescription medications for treating PTSD and treatment-resistant depression.
The ongoing research and evolving legal landscape regarding hallucinogenic mushrooms reflect a growing recognition of their potential therapeutic benefits. As more evidence emerges, the legal status of psilocybin mushrooms is likely to continue evolving, with a focus on balancing potential risks and benefits. While the use of these mushrooms for religious and medicinal purposes has a long history, their integration into modern society is an ongoing process influenced by cultural, scientific, and legal factors.
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In 1799, hallucinogenic mushrooms were first mentioned in European medicinal literature
Hallucinogenic mushrooms, or "magic mushrooms", have been used for centuries as healing and spiritual tools. Evidence of their use dates back to the South American Aztecs, who used psilocybin mushrooms in religious rituals. In 1799, hallucinogenic mushrooms were first mentioned in European medicinal literature. At that time, they were likely not illegal, as the concept of drug criminalisation had not yet been widely established.
The active compound in magic mushrooms, psilocybin, was not discovered and isolated until the 1950s. In the United States, psilocybin was first regulated by the 1965 Drug Abuse Control Amendments, which aimed to control the unlicensed possession, manufacture, or sale of hallucinogenic drugs. However, it was not until the Controlled Substances Act of 1970 that psilocybin was explicitly classified as a Schedule I drug, making it illegal under federal law. Schedule I drugs are considered to have no accepted medical use and a high potential for abuse, which has been increasingly disputed by researchers.
Despite the federal prohibition, the legal status of psilocybin mushrooms varies across different jurisdictions within the United States. Some states, like Oregon and Colorado, have legalized or decriminalized the use of psilocybin for therapeutic purposes. A few cities have also enacted policies that make investigations and arrests for possession and use of psilocybin mushrooms a low priority for law enforcement. These varying approaches reflect the evolving attitudes and evidence regarding the therapeutic benefits of psilocybin.
Outside of the United States, the legal status of psilocybin mushrooms also differs internationally. While some countries like Germany and those adhering to the UN Convention on Psychotropic Substances have strict regulations, others like Canada, Australia, and Denmark have allowed its use for medicinal purposes. The changing legal landscape surrounding hallucinogenic mushrooms reflects a growing recognition of their potential therapeutic benefits and a shift in societal attitudes towards their use.
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In 1970, psilocybin and psilocin were classified as Schedule I drugs in the US
On 27 October 1970, psilocybin and psilocin were classified as Schedule I drugs in the US under the Controlled Substances Act. Schedule I drugs are considered to have a high potential for abuse and no accepted medical uses. This means that psilocybin and psilocin are illegal to possess, sell, or grow under federal law. However, the classification of psilocybin and psilocin as Schedule I drugs has not prevented their use, and they continue to be consumed for recreational and medicinal purposes.
The Controlled Substances Act, enacted in 1970, was a section of the Comprehensive Drug Abuse Prevention and Control Act. This Act classified psilocybin and psilocin as "hallucinogens", and they were labelled as Schedule I drugs due to their perceived lack of therapeutic benefits. Despite this classification, the use of psilocybin and psilocin for medicinal and religious purposes has been documented in dozens of cultures throughout history.
The legal status of psilocybin and psilocin has been ambiguous and selectively enforced in some places. While federal law prohibits the possession, sale, and cultivation of these substances, some US states have enacted policies that make investigations and arrests for possession and use of psilocybin mushrooms a low priority for law enforcement. Additionally, the spores of psilocybin mushrooms, which are used to cultivate the mushrooms, are legal to possess in many areas since they do not contain the drugs themselves.
In recent years, there has been a growing movement to decriminalize and legalize psilocybin in the US. Cities like Denver, Oakland, Santa Cruz, and states like Oregon and Colorado have led the way in decriminalizing or legalizing the use of psilocybin for medicinal or therapeutic purposes. This shift is partly due to research suggesting that psilocybin is non-addictive and has potential benefits in treating mental health issues such as depression, anxiety, PTSD, and addiction. However, it is important to note that psilocybin remains illegal under federal law, and its legal status varies across different states and jurisdictions in the US.
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In 2020, Oregon became the first US state to decriminalise psilocybin and legalise its supervised use
Psilocybin, the substance found in hallucinogenic mushrooms, has been illegal in the United States since 1970. It is classified as a Schedule I controlled substance, which means it is deemed to have no medicinal benefit and a high potential for abuse and addiction.
However, in recent years, there has been a growing movement to decriminalise and legalise the use of psilocybin for therapeutic and medicinal purposes. This is due to increasing research that indicates the benefits of psilocybin in treating various mental health conditions, such as depression, anxiety, post-traumatic stress disorder (PTSD), and addiction.
Oregon's decision to decriminalise and legalise psilocybin for supervised use has been influential in the United States, with several other states and cities following suit in the subsequent years. As of 2025, psilocybin is legalised in two states: Oregon and Colorado. Colorado legalised the use of psilocybin for medical-assisted use in 2022 and began issuing licenses to operators in 2025. Additionally, more than a dozen cities nationwide have decriminalised psilocybin or made it a low law enforcement priority.
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The legal status of hallucinogenic mushrooms varies worldwide
In the United States, the federal government considers psilocybin mushrooms and their active compounds illegal under the Controlled Substances Act. This legislation classifies psilocybin and psilocin as Schedule I substances, making it illegal to possess, sell, or grow these mushrooms. Despite this, there are variations in how individual states address the issue. Some states, like Oregon and Colorado, have legalized or decriminalized certain uses of psilocybin mushrooms. Other states, such as California, Oregon, and Washington, have reduced penalties for simple possession, treating it as a misdemeanour. Additionally, a few cities have deprioritized enforcement of drug laws related to hallucinogenic mushrooms, although these are policy changes rather than amendments to the drug laws themselves.
Outside of the United States, the legal status of hallucinogenic mushrooms also differs internationally. For example, in Canada, the province of Alberta has regulated and allowed the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. Similarly, Australia has approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression. In contrast, countries like Germany have specifically criminalized the possession of psilocybin mushroom spores. On the other hand, in countries like Peru and Bolivia, psilocybin is legal, while in Russia, India, and South Africa, it is illegal.
The varying legal status of hallucinogenic mushrooms worldwide reflects the evolving understanding and perception of these substances. While some jurisdictions continue to enforce strict regulations, others are exploring the potential therapeutic benefits of psilocybin and adapting their legal frameworks accordingly. It is important for individuals to stay informed about the specific laws and regulations in their respective locations, as the legal landscape surrounding hallucinogenic mushrooms is dynamic and subject to change.
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Frequently asked questions
Yes, psilocybin, commonly found in hallucinogenic mushrooms, is illegal in the US under federal law. However, state laws vary, and in some places, psilocybin is legal or decriminalized for medicinal purposes. As of 2025, Oregon and Colorado are the only two states to have legalized psilocybin.
No, hallucinogenic mushrooms have not always been illegal in the US. In 1965, the Drug Abuse Control Amendments were passed, which regulated the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs". Psilocybin was then classified as a Schedule I drug under the Controlled Substances Act in 1970, making it illegal.
Outside of the US, hallucinogenic mushrooms are legal in a few places. For example, psilocybin is legal in Peru and Bolivia. In Canada, Australia, and Denmark, psilocybin is legal for medicinal use.
