Emily Johnson
As of 2025, only two US states have decriminalized psilocybin or magic mushrooms: Oregon and Colorado. However, the legislation continues to change as attitudes and evidence regarding the use of psilocybin develop. More than a dozen cities nationwide have also decriminalized or deprioritized the enforcement of psilocybin possession, including Denver, Oakland, Washington, DC, Ann Arbor, Seattle, and others. Several states have also formed task forces to study the issue, and ballot initiatives to legalize psilocybin are underway in some states.
| Characteristics | Values |
|---|---|
| Number of states that have decriminalized mushrooms | 2 (Oregon and Colorado) |
| Number of cities that have decriminalized mushrooms | More than a dozen, including Denver, Oakland, Seattle, Ann Arbor, Washington, DC, Washtenaw County, Somerville, Cambridge, and Northampton |
| States with bills or ballot initiatives to decriminalize mushrooms | California, New York, New Mexico, New Jersey, and Texas, Utah, and Washington |
| States with task forces to study the issue | Texas, Utah, and Washington, Maryland |
| States with limited exceptions for psilocybin | New Mexico and New Hampshire |
| States that have rejected bills to decriminalize mushrooms | Massachusetts |
| Status of psilocybin under federal law | Illegal, classified as a Schedule I substance |
| Worldwide status of psilocybin | Varies; legal in Peru, Bolivia, Canada, Australia, and Denmark; illegal in Russia, India, and South Africa |
Explore related products
What You'll Learn
- Oregon and Colorado have decriminalized mushrooms
- Denver, Colorado, was the first US city to decriminalize psilocybin mushrooms
- Psilocybin remains federally prohibited in the US
- Washington state has funded research into the medical use of psilocybin
- Psilocybin is a Schedule I drug and illegal under federal law
Oregon and Colorado have decriminalized mushrooms
In recent years, there has been a growing trend in the United States towards decriminalizing the use of psychedelic mushrooms, also known as psilocybin. As of 2025, two states, Oregon and Colorado, have taken the lead in this regard, offering state-regulated programs for the use of psychedelic mushrooms for therapeutic purposes.
Oregon was the first state to make moves towards decriminalization, with the passing of the Oregon Psilocybin Services Act in January 2023. This legislation created a licensure process for the use, manufacture, delivery, and possession of psilocybin products by authorized entities. In November 2020, Oregon became the first US state to officially decriminalize psilocybin and legalize it for supervised non-medical use after the Ballot Measure 109 passed with voter approval.
Following in Oregon's footsteps, Colorado became the second state to decriminalize psilocybin mushrooms in November 2022 with the passing of Proposition 122. In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms after a ballot initiative. The law prohibited the city from using resources to prosecute individuals for possession or use, but it did not legalize mushrooms.
The decriminalization efforts in Oregon and Colorado recognize the potential therapeutic benefits of psilocybin in treating mental health conditions such as addiction, depression, anxiety disorders, and end-of-life psychological distress. While psilocybin remains a Schedule I controlled substance under federal law, the decriminalization in these states allows for regulated access and supervised consumption in licensed facilities for adults over the age of 21.
The trend towards decriminalization is also evident in other states and cities across the nation. As of November 2022, several jurisdictions, including Washington, California, Michigan, and cities in Massachusetts, have loosened regulations or are actively moving towards decriminalization. The shifting legal landscape reflects the growing scientific research highlighting the therapeutic potential of psychedelics and the evolving attitudes towards their use.
Psilocybin Mushrooms and Opioids: What's the Connection?
You may want to see also
Denver, Colorado, was the first US city to decriminalize psilocybin mushrooms
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. This was after a ballot initiative that narrowly won with 50.6% of the vote. Denver had approved mushrooms several years before the state did. In 2025, Colorado became the second state to legalize psilocybin, after Oregon.
Psilocybin is a hallucinogenic substance found in 'magic mushrooms'. It is illegal under federal law in the United States, classified as a Schedule I substance with no medicinal value and a high potential for abuse and addiction. However, state laws vary, and in some places, psilocybin is legal or decriminalized for medicinal use.
The decriminalization of psilocybin in Denver means that the drug remains illegal, but law enforcement agencies are less likely to prosecute individuals, and penalties are significantly reduced or removed. The act of sale is still illegal, but it is harder to get caught now that the criminal penalties for growing and possession have been removed. The drug is also relatively easy to grow, requiring much less space and energy than cannabis. This has led to concerns about a sprawling, unregulated market with few controls on quality.
Denver's experience with decriminalization has been mixed. While some have expressed worry about the lack of regulation and the potential for a quasi-medical "Wild West", others have noted that it is too early to tell how much the drug market has changed. However, people offering guided experiences and other mushroom-related businesses have flourished since the decriminalization.
Mushrooms' Pores: Nature's Intricate Design for Spores
You may want to see also
Psilocybin remains federally prohibited in the US
Psilocybin, the hallucinogenic substance found in 'magic mushrooms', is illegal in the United States under federal law. It is classified as a Schedule I controlled substance, deemed to have no medicinal benefit and a high potential for abuse and addiction. Despite this, the legal status of psilocybin at the state level varies, with some states decriminalising or legalising its use.
In 2018, the U.S. Food and Drug Administration named psilocybin a "breakthrough therapy" for the treatment of severe depression. This has led to increasing research into its therapeutic benefits and contributed to changing legislation at the state level. As of 2025, Oregon and Colorado are the only two states that have fully legalised psilocybin, while over a dozen cities nationwide have decriminalised or deprioritised its enforcement.
In Oregon, the legalisation of psilocybin allows for supervised mushroom services, similar to Colorado's healing centres. However, the high costs and strict requirements for facilitators in Oregon's regulated system have led to concerns about the potential for a sprawling, unregulated market. In Colorado, the act of selling psilocybin remains illegal, but the removal of criminal penalties for growing and possession has made it harder to enforce the law.
While the decriminalisation of psilocybin has reduced the consequences of personal use in many areas, it is important to note that the drug remains federally prohibited. This means that, despite state-level reforms, possessing psilocybin spores could still be considered illegal paraphernalia under federal law. However, there is a growing prediction that psychedelics will be fully legalised throughout the US by 2037 as research continues to support their therapeutic benefits.
Mushrooms: Nature's Mysterious Overnight Growth Spurt
You may want to see also
Explore related products
Washington state has funded research into the medical use of psilocybin
As of 2025, more than a dozen cities in the United States have decriminalized or deprioritized the enforcement of psilocybin laws. Oregon and Colorado are the only two states to have passed laws that decriminalized psilocybin and also legalized its supervised therapeutic use. New Mexico has also established a therapeutic psilocybin program.
In Washington state, Gov. Jay Inslee signed Senate Bill 5263 in May 2023, which mandated that the University of Washington School of Medicine facilitate a study to explore the potential therapeutic value of psilocybin. The study will be overseen by addiction psychiatrist Dr. Nathan Sackett and will explore the use of psilocybin in treating addiction and trauma. The trial will be conducted in a controlled environment, with psychotherapy sessions before and after. Participants will undergo their psychedelic experiences with two therapists present, and the trial group will be split, with half receiving a placebo in the first round.
The University of Washington School of Medicine has received funding for a separate study analyzing data from a clinic in Mexico that has seen promising results in treating opioid addiction with ibogaine, a powerful psychedelic from Africa. The study of psilocybin-assisted psychotherapy for clinicians with symptoms of depression and burnout related to frontline work in the COVID pandemic is being funded by the Steven & Alexandra Cohen Foundation, with the Usona Institute providing the psilocybin for the trial and Cybin funding the training for clinicians.
While the active compound in "magic mushrooms" has become a prospect of therapeutic research over the last decade, more study is needed to understand psilocybin's mechanisms and predict its effects. The results of the trial will likely determine whether Washingtonians who qualify for the treatment will be able to access therapeutic psychedelics in the near future.
Mushrooms: Exploring the Complexities of Their Many Genders
You may want to see also
Psilocybin is a Schedule I drug and illegal under federal law
Psilocybin, the hallucinogenic substance found in 'magic mushrooms', is a Schedule I controlled substance under the Controlled Substances Act (CSA). This means that it is deemed to have no medicinal value and a high potential for abuse and addiction. Psilocybin is illegal under federal law, and possession of psilocybin spores could be considered illegal paraphernalia or an intent to cultivate psilocybin mushrooms, punishable by federal law.
Despite this, the tide is turning in some states and cities across the US. Oregon became the first state to decriminalize psilocybin in November 2020, and Colorado followed suit in 2025. More than a dozen cities have also decriminalized or deprioritized the enforcement of psilocybin laws in recent years, including Denver, Oakland, Washington, DC, Ann Arbor, Seattle, and Somerville, Cambridge, and Northhampton in Massachusetts.
In these places, the act of sale remains illegal, but the removal of criminal penalties for growing and possession has made the drug easier to obtain. This has led to a flourishing of guided experiences and other mushroom-related businesses. However, some worry that this will lead to an unregulated market with few controls on quality.
The push for decriminalization is driven by research indicating the therapeutic benefits of psilocybin in treating conditions such as depression, anxiety, PTSD, and addiction. Decriminalization advocates also argue that redirecting law enforcement resources away from policing private psychedelic usage will allow them to focus on higher priorities affecting the general public, such as violent crime.
While psilocybin remains illegal at the federal level, the number of states and cities pursuing decriminalization or legalization is growing. This trend is expected to continue, with predictions that psychedelics will be legalized throughout the US by 2037.
White Mushrooms: Natural Anti-Inflammatory Superheroes?
You may want to see also
Frequently asked questions
As of 2025, only two states have decriminalized mushrooms: Oregon and Colorado.
Several states are considering decriminalizing mushrooms, including California, New York, New Mexico, New Jersey, and Washington.
Advocates for decriminalization cite research that suggests psilocybin is non-addictive and causes a low number of emergency visits compared to other illegal drugs. Other potential benefits include treating treatment-resistant depression and nicotine dependence. Decriminalization would also allow law enforcement to focus on higher priorities, such as violent crime.
Decriminalization means that a drug remains illegal, but law enforcement agencies are less likely to prosecute individuals, and penalties are reduced or removed. Legalization means that a once-illegal substance is no longer illegal.
