Mushroom Laws: What's Legal And What's Not

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Psilocybin mushrooms, commonly known as magic mushrooms or shrooms, are illegal in most countries. In the United States, they are classified as a Schedule I drug, which means it is illegal to possess, sell, or give away psilocybin mushrooms. However, there is growing advocacy to change this, and some cities across the country have decriminalized the possession of psilocybin mushrooms, including Denver, Oakland, Santa Cruz, Ann Arbor, and Washington, D.C. In Oregon, psilocybin mushrooms have been legalized for mental health treatment in supervised settings. Internationally, some countries such as Jamaica have never made magic mushrooms illegal, while Canada classifies them as Schedule III drugs, resulting in lower penalties and exceptions for research and trials.

Characteristics Values
Legal status Illegal in most countries, including the US, UK, Canada, Germany, Georgia, Idaho, and California
UN classification Schedule I drug with "no accepted medical use and a high potential for abuse"
Medical use Not approved by the FDA, but research suggests benefits for mental and behavioral health conditions
Social acceptance Growing, with several US cities passing measures to decriminalize or deprioritize enforcement
Enforcement Varies, with some jurisdictions focusing on underground economies and illicit activity

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The legality of mushrooms varies worldwide

In other countries, the legality of psilocybin mushrooms is less clear-cut. For instance, in Canada, they are classified as a Schedule III drug, resulting in lower penalties and some research exceptions. Additionally, a Canadian charity called TheraPsil provides a fast-track process for end-of-life psilocybin therapy. Similarly, in the United Kingdom, the Misuse of Drugs Act 1971 regulates psilocybin mushrooms, but the specific laws regarding their possession, sale, and use may vary.

Some countries have taken a more progressive approach to the legality of psilocybin mushrooms. For example, in Oregon, voters passed a ballot initiative in 2020 to decriminalize psilocybin and legalize its supervised use for mental health treatment. This makes Oregon the first state to regulate the therapeutic use of psilocybin mushrooms. Following Oregon's lead, Colorado also implemented a similar program, offering state-regulated psychedelic mushrooms.

Internationally, the United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin. However, due to pressure from the Mexican government, the convention did not specifically include psilocybin mushrooms. As a result, the legal status of these mushrooms can vary even among signatory countries, with some regulating or prohibiting their use.

Overall, the legality of psilocybin mushrooms varies worldwide, with some countries and jurisdictions taking a more progressive approach to their regulation and others maintaining strict prohibition. As research on the potential benefits of psilocybin mushrooms for mental and behavioral health conditions emerges, the legal landscape surrounding these substances may continue to evolve.

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The UN 1971 Convention lists mushrooms as Schedule I drugs

The legal status of psilocybin mushrooms varies across the world. While the United Nations 1971 Convention on Psychotropic Substances lists psilocybin and psilocin as Schedule I drugs, it does not specifically mention mushrooms containing the drug. This is largely due to pressure from the Mexican government.

Schedule I drugs are defined as drugs with a high potential for abuse or drugs that have no recognized medical uses. Psilocybin mushrooms, on the other hand, have had numerous medicinal and religious uses in several cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.

The UN Convention on Psychotropic Substances requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. However, since the mushrooms themselves are not specifically included in the convention, the legal status of psilocybin mushrooms varies across different countries and jurisdictions.

For example, in the United States, psilocybin mushrooms are considered Schedule I drugs, making it illegal to possess, sell, or distribute them. However, a few cities in the US have decriminalized the possession of psilocybin mushrooms in small amounts. In Oregon, psilocybin mushrooms have been legalized for mental health treatment in supervised settings. Similarly, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-profit distribution of psilocybin mushrooms.

In other countries, such as Canada, the United Kingdom, and Germany, there are varying degrees of regulation and prohibition of psilocybin mushrooms. For instance, in Canada, the Controlled Drugs and Substances Act regulates psilocybin mushrooms, while in the UK, the Misuse of Drugs Act 1971 prohibits them. In Germany, the possession of psilocybin mushroom spores has been criminalized since 1998.

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Some US cities have decriminalised mushrooms

Psilocybin mushrooms, commonly known as "magic mushrooms", are illegal in the United States. Under federal law, the use, sale, and possession of psilocybin are prohibited, and it is classified as a Schedule I controlled substance with ""no accepted medical use and a high potential for abuse". Despite this, there has been a movement towards decriminalisation in recent years, with a number of US cities taking steps to reduce or eliminate penalties for possession and personal use.

In May 2019, Denver, Colorado, became the first US city to decriminalise psilocybin mushrooms. This was followed by Oakland and Santa Cruz in California, Washington, D.C., Somerville, Massachusetts, Cambridge, Northampton, and a number of other cities across the country. In November 2020, Oregon became the first state to decriminalise psilocybin and legalise its supervised use, although this was largely repealed in 2024.

The push for decriminalisation is based on several arguments. Proponents of decriminalisation cite research suggesting that psilocybin is non-addictive and leads to fewer emergency visits compared to other illegal drugs. Additionally, there is growing evidence of its potential therapeutic benefits in treating mental health conditions, such as treatment-resistant depression and nicotine dependence. Decriminalisation advocates also argue that it would allow law enforcement to focus their resources on higher-priority issues.

It is important to note that decriminalisation does not equate to legalisation. In the cities that have decriminalised psilocybin, residents cannot be criminally charged for possession or personal use, but selling the substance is still illegal. Additionally, there are often limits on the amount of psilocybin that can be possessed without facing charges. While the trend towards decriminalisation continues, it is still illegal to possess or use psilocybin mushrooms in most of the United States.

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Oregon voters passed a 2020 ballot to legalise mushrooms for mental health treatment

Psilocybin mushrooms, commonly known as "shrooms", are illegal in most countries and 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 no recognized medical uses. However, psilocybin mushrooms have been used medicinally and religiously in various cultures throughout history and have a lower potential for abuse than other Schedule I drugs.

On November 3, 2020, Oregon voters passed Measure 109, a ballot initiative to legalise "magic mushrooms" for mental health treatment in supervised settings. This measure changed Oregon law to allow supervised, licensed facilities to manufacture, deliver, and administer psilocybin. The Oregon Health Authority (OHA) was tasked with setting up and enforcing a regulated psilocybin services program. The measure also required a two-year development period to work out regulatory details, such as the qualifications required of therapists overseeing psilocybin use.

The legalisation of psilocybin mushrooms in Oregon was driven by advocacy for the potential mental health benefits of the substance. Research has indicated that psilocybin mushrooms could be beneficial in treating psychiatric and behavioural conditions, including severe treatment-resistant depression, anxiety, PTSD, and addiction. However, it is important to note that these treatments are not approved by the FDA, and more research is needed to establish the safety and efficacy of psilocybin mushrooms as a mental health treatment.

The legalisation of psilocybin mushrooms in Oregon represents a shift in drug policy and a recognition of the potential therapeutic benefits of substances that were previously prohibited. This development has sparked interest in further research and policy changes regarding the regulated use of psilocybin mushrooms for mental health treatment in other jurisdictions.

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Psilocybin mushrooms have been used medicinally and religiously in many cultures

Psilocybin mushrooms, commonly known as "magic mushrooms" or "shrooms", are a type of hallucinogenic mushroom that contains the prodrug psilocybin, which turns into the psychedelic psilocin upon ingestion. While psilocybin mushrooms are illegal in many places, they have been used medicinally and religiously in many cultures throughout history.

In ancient times, psilocybin mushrooms were used in religious and spiritual rituals by Indigenous American cultures, including the Aztecs and Mazatecs. The Aztecs referred to the mushrooms as "teonanácatl", which translates to "god's flesh" or "genius mushrooms". The mushrooms were believed to provide access to sacred worlds and enhance self-awareness and a sense of connection to a "Transcendent Other". Spanish missionaries in the 1500s attempted to destroy the use of these mushrooms, associating them with idolatry and communication with demons. However, the use of psilocybin mushrooms persisted in some remote areas.

Psilocybin mushrooms may also have been used in prehistoric times, as suggested by archaeological evidence such as the Tassili Mushroom Figure discovered in Algeria, which is believed to depict psychedelic mushrooms and dates back to 9000-7000 BC. Additionally, 6,000-year-old pictographs found near the Spanish town of Villar del Humo illustrate mushrooms tentatively identified as Psilocybe hispanica, a hallucinogenic species.

In the 20th century, there was a revival of interest in psilocybin mushrooms among Western scholars and researchers. For example, in the 1960s, Timothy Leary and Richard Alpert initiated the Harvard Psilocybin Project, promoting psychological and religious studies of psilocybin and other psychedelic drugs. They conducted experiments administering psilocybin to prisoners and graduate divinity students, which sparked controversy and ultimately led to their dismissal from Harvard. Despite this, advocates for the therapeutic potential of psilocybin mushrooms continued to emerge, and in recent years, there has been a growing body of research exploring their potential benefits in treating mental and behavioral health conditions.

Today, the legal status of psilocybin mushrooms varies worldwide. While they are illegal in many countries, including the US, UK, and Australia, there is also a movement towards decriminalization and legalization in some jurisdictions. For example, in Oregon, psilocybin has been legalized for mental health treatment in supervised settings, and there are ongoing efforts to legalize the possession and use of psilocybin in other US states and cities.

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Frequently asked questions

Psilocybin mushrooms, commonly known as "magic mushrooms" or "shrooms", are illegal under federal law in the US. They are classified as a Schedule I controlled substance, which means they are considered to have no accepted medical use and a high potential for abuse. However, some cities and states have decriminalized the possession and use of psilocybin mushrooms, and there is ongoing research into their potential therapeutic benefits.

The legal status of psilocybin mushrooms varies worldwide. Psilocybin mushrooms are not regulated by UN treaties, but many countries have some level of regulation or prohibition in place. For example, Canada classifies magic mushrooms as Schedule III, which means lower penalties and some exceptions for research and trials. Some countries, like Jamaica, never made magic mushrooms illegal, but the psilocybin molecule is often prohibited.

Magic mushrooms are illegal in many places because they contain the psychedelic substance psilocybin, which can induce hallucinogenic and other mind-altering effects. Psilocybin is listed as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, which requires members to prohibit or strictly control the substance. However, due to their historical use in various cultures and emerging research on their potential benefits, there is a growing movement to decriminalize and legalize magic mushrooms in some jurisdictions.

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