Michael Davis
Acid mushrooms, also known as magic mushrooms or shrooms, are wild mushrooms that contain psilocybin, a naturally occurring psychoactive compound. They are commonly found in the tropical and subtropical regions of South America, Mexico, and the United States. Psilocybin mushrooms have long, slender stems topped by caps with dark gills on the underside. When ingested, the psilocybin in the fungi is broken down into psilocin, which interacts with the serotonin receptors in the brain and causes a feeling of euphoria, hallucinations, and altered perceptions of sight, sound, time, and space. While the effects of psilocybin mushrooms are often described as more grounded in nature, with users reporting vivid visual hallucinations, altered sense of time, profound emotional experiences, and a sense of connectedness to the environment, they can also lead to negative experiences such as confusion, anxiety, or frightening hallucinations. The use of psilocybin mushrooms is illegal in many places.
| Characteristics | Values |
|---|---|
| Legal status of psilocybin mushrooms | Illegal in most countries, but some have specific laws and exceptions |
| United Nations classification | Psilocybin and psilocin are Schedule I drugs under the 1971 Convention on Psychotropic Substances |
| United States classification | Schedule I drug and illegal under federal law except for clinical research |
| Medical use | Used for mental health treatment in supervised settings in Oregon since 2021 |
| Therapeutic use | Research suggests it has potential beneficial use in treating treatment-resistant depression and nicotine dependence |
| Legality in specific US cities | Denver, Oakland, Santa Cruz, Washtenaw County, Somerville, Cambridge, Northampton, Seattle, Washington D.C., Detroit, and Ann Arbor have decriminalized psilocybin |
| Legality in other countries | Jamaica, Nepal, parts of Central Africa, South Africa, Australia, the Bahamas, Brazil, the British Virgin Islands, Canada, the Czech Republic, Costa Rica, Israel, the Netherlands, Panama, Peru, Portugal, Samoa, Spain, Switzerland, and the United States have some form of legal or decriminalized status for psychedelics |
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What You'll Learn
Psilocybin mushrooms are illegal in most places
Psilocybin mushrooms, often referred to as "magic mushrooms", are considered illegal drugs in most places. They are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which defines Schedule I drugs as drugs with a high potential for abuse and no recognised medical uses. Psilocybin is the active chemical in these mushrooms, which are indigenous to tropical and subtropical regions of South America, Mexico, and the United States. While the UN Convention requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included due to pressure from the Mexican government. As a result, the legal status of psilocybin mushrooms varies worldwide, with some countries having full legalisation, specific contexts for legality, or decriminalisation.
In the United States, the possession and use of psilocybin mushrooms are generally prohibited, and most state courts consider the mushrooms a "container" of illicit drugs. However, there has been ambiguity and selective enforcement in some state and provincial drug laws. A loophole further complicates the legal situation, as spores of psilocybin mushrooms, which do not contain the drug, are legal to possess in many areas. Certain jurisdictions, such as California, Georgia, and Idaho, have specifically prohibited the sale and possession of these spores.
While psilocybin mushrooms remain illegal under federal law in the US, more than a dozen cities have deprioritized or decriminalised them. Denver, Colorado, became the first city to decriminalise psilocybin mushrooms in May 2019, and other cities like Oakland and Santa Cruz, California, soon followed. In November 2020, Oregon voters passed a ballot initiative that not only decriminalised psilocybin but also legalised its supervised use for mental health treatment. This trend towards decriminalisation and legalisation is also seen in other countries, including parts of Central Africa, South Africa, Australia, Brazil, Canada, the Czech Republic, Israel, Jamaica, Mexico, and the Netherlands, among others.
The legal landscape surrounding psilocybin mushrooms is evolving as research highlights the potential mental and physical health benefits of psychedelics in therapeutic contexts. Proponents of decriminalisation argue that psilocybin is non-addictive and causes fewer emergency visits compared to other illegal drugs. Additionally, they advocate for redirecting law enforcement resources from policing private psychedelic usage to higher-priority issues. However, it is essential to note that the legal status of psilocybin mushrooms varies across different jurisdictions, and interested individuals should refer to their local laws and regulations.
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Some jurisdictions prohibit the spores
The legal status of psilocybin mushrooms varies worldwide. While some countries have full legalisation of certain psychedelics, others have legalised them only under specific contexts or have decriminalised them. In the case of the United States, the Drug Abuse Control Amendments of 1965 first subjected psilocybin and psilocin to federal regulation. Psilocybin is also listed as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, which requires its members to prohibit it.
However, there has been ambiguity and selective enforcement regarding the legal status of psilocybin mushrooms in many national, state, and provincial drug laws. This is partly because the mushrooms containing the drug were not specifically included in the convention, due to pressure from the Mexican government. As a result, some jurisdictions have enacted or amended laws specifically to address the possession of psilocybin mushroom spores.
Jurisdictions that have explicitly prohibited the possession and sale of psilocybin mushroom spores include Germany (since 1998) and the US states of California, Georgia, and Idaho. In these jurisdictions, the cultivation of psilocybin mushrooms is often considered drug manufacture and can incur severe penalties. However, it is important to note that the spores of psilocybin mushrooms do not contain the drugs themselves, which has created a legal loophole in many areas.
The legal landscape surrounding psilocybin mushrooms is evolving, with an increasing number of jurisdictions exploring decriminalisation or regulated use. For example, in November 2020, Oregon voters passed a ballot initiative that legalised the use of "magic mushrooms" for mental health treatment in supervised settings. Additionally, in May 2019, Denver, Colorado, became the first city in the United States to decriminalise psilocybin mushrooms, followed by several other cities across the country. These developments reflect a growing recognition of the potential therapeutic benefits of psilocybin and other psychedelic substances.
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There are therapeutic uses for psilocybin
Psilocybin, the main psychedelic ingredient in "magic" mushrooms, has been used for therapeutic purposes by several civilisations in the past. The Aztec, Maya, Olmec, and Zapotec civilisations, for instance, have all documented the use of psilocybin to evoke altered states of consciousness for healing rituals and religious ceremonies.
In modern times, psilocybin has been used for therapeutic purposes to treat a range of mental health conditions, such as depression, anxiety, addictions, obsessive-compulsive disorder (OCD), psychosis, and post-traumatic stress disorder (PTSD). Research on psilocybin as a medical treatment was restricted until the 1990s due to the sociocultural fear of dependence on the drug. However, in recent years, interest in psilocybin as a therapeutic approach has grown exponentially. This is partly due to its safety and low potential for abuse and dependence. In 2022, psilocybin was the most commonly researched psychedelic.
In terms of legislation, psilocybin is classified as a Schedule I drug under the Controlled Substances Act, which means that it has a high potential for misuse and no accepted medical use in the US. However, several US cities and states have decriminalised its use, and in 2018, the Food and Drug Administration granted psilocybin "breakthrough therapy" status for research. In 2019, Oregon became the first state to decriminalise psilocybin and also legalise its supervised use. In 2025, Colorado became the second state to legalise psilocybin for supervised medical use. Outside of the US, psilocybin possession is illegal in Canada except through Health Canada-approved pathways, including research and limited medical use. In Australia, authorised psychiatrists can prescribe psilocybin for treatment-resistant depression, and Germany has a similar programme in place.
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The UN requires members to prohibit psilocybin
Psilocybin mushrooms, commonly known as magic mushrooms, are mushrooms that contain psilocybin and psilocin, which are hallucinogenic substances. These mushrooms are indigenous to tropical and subtropical regions of the United States, Mexico, and South America. Psilocybin mushrooms are often consumed raw, cooked, or brewed into a drink.
The United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin. Specifically, parties to the treaty must restrict the use of psilocybin to medical and scientific research conducted under strictly controlled conditions. This convention has influenced the drug laws of many nations, including the UK, the US, Australia, Canada, and Japan. For example, the UK Misuse of Drugs Act of 1971 and the US Psychotropic Substances Act of 1978 reflect the terms of the convention.
In the US, the federal law that specifically banned psilocybin and psilocin was enacted on October 24, 1968. However, the statutes permitted people to possess such drugs for personal use or for administration to an animal. The possession and use of psilocybin are prohibited under almost all circumstances in most jurisdictions, often carrying severe legal penalties. Cultivation of psilocybin mushrooms is also considered drug manufacture in many places and is penalized accordingly.
Despite the widespread prohibition of psilocybin, there have been some moves towards legalization in certain jurisdictions. For example, in Oregon, voters passed a ballot initiative in 2020 that made magic mushrooms legal for mental health treatment in supervised settings. Similarly, a bill is pending in the California State Legislature that would legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin and other substances. These developments reflect a growing recognition of the potential therapeutic benefits of psilocybin, which researchers are currently investigating in clinical trials.
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Some US cities have decriminalised psilocybin
Psilocybin, the psychedelic drug produced naturally by "magic mushrooms", is federally classified as a Schedule I controlled substance in the United States. This means that it is considered to have "no accepted medical use and a high potential for abuse". However, in recent years, there has been a growing movement to decriminalize psilocybin in some US cities.
The push for decriminalization is based on research suggesting that psilocybin can induce positive psychological experiences effective in treating depression, anxiety, and substance use disorders, while also enhancing the well-being of healthy individuals. Additionally, advocates argue that decriminalization would free up law enforcement resources, redirecting attention from policing private psychedelic usage to higher priorities such as violent crime.
In May 2019, Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms, with a ballot initiative that narrowly won with 50.6% of the vote. This initiative prohibited the city from spending resources to prosecute adults over the age of 21 for the use or possession of psilocybin. Following Denver's lead, several other US cities have since decriminalized or deprioritized the enforcement of psilocybin prohibition, including Oakland, Santa Cruz, and Ann Arbor. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use.
While the decriminalization movement has gained momentum, it is important to note that psilocybin remains illegal under federal law and is classified as a Schedule I drug. However, with growing support for reform and the potential therapeutic benefits of psilocybin, there may be a shift in the legal status of psilocybin in the future.
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Frequently asked questions
Psilocybin mushrooms, or "magic mushrooms", are illegal under federal law in the US, except for clinical research. However, some cities and states have decriminalized them, including Denver, Colorado, Oakland, Santa Cruz, and Ann Arbor.
The legal status of psilocybin mushrooms varies worldwide. While they are illegal in many countries, there has been a movement towards decriminalization and legalization in some jurisdictions. For example, psilocybin is legal in Jamaica and Nepal, and some psychedelics have been decriminalized or legalized in parts of Central Africa, South Africa, Australia, Brazil, Canada, the Czech Republic, and more.
Psilocybin mushrooms are considered illegal in many places because they are classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, which requires its members to prohibit the substance. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses.
Yes, there have been increasing efforts to legalize or decriminalize psilocybin mushrooms in various parts of the world. For example, Oregon voters passed a ballot initiative in 2020 to legalize psilocybin for mental health treatment in supervised settings, and there is currently a bill pending in the California State Legislature to legalize the possession and distribution of specified quantities of psilocybin. Proponents of legalization argue that psilocybin has a significantly lower potential for abuse than other Schedule I drugs and that decriminalization would allow law enforcement to focus on higher priorities.
