Sarah Brown
Microdosing is the act of consuming very small amounts or low doses (sub-hallucinogenic) of a psychedelic substance on a regular frequency. Psilocybin, the best-known psychedelic substance derived from 'magic mushrooms, is a Schedule I substance, meaning it is illegal under federal law in the United States and has no accepted medical use. However, the legal status of psilocybin mushrooms varies worldwide, and some US states have decriminalized or deprioritized their enforcement, while others have proposed or enacted legislation to regulate its production, sale, or supervised administration. With growing interest in the therapeutic potential of psychedelics, the market for microdosing psilocybin mushrooms is on the rise in the US, leading to an inflection point in how these substances are legislated.
| Characteristics | Values |
|---|---|
| Microdosing | Consuming very small amounts or low doses (sub-hallucinogenic) of a psychedelic substance on a regular frequency |
| Psilocybin | Classified as a Schedule I substance under the Controlled Substances Act (CSA) |
| Legality | Illegal under federal law in the United States, but some states have decriminalized or deprioritized enforcement |
| Medical Use | No accepted medical use, according to federal law, but some states allow therapeutic use |
| Enforcement | Varies across states and localities, with some prioritizing loosening laws and policies |
| Global Status | Varies by country, with some allowing medicinal use and others prohibiting it |
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What You'll Learn
- Microdosing mushrooms is illegal under US federal law
- However, some US states have decriminalised or deprioritised enforcement
- Oregon and Colorado are the only states to have legalised psilocybin
- Spores are legal to possess in many areas as they don't contain psilocybin
- The UN requires members to prohibit psilocybin, but not mushrooms containing it
Microdosing mushrooms is illegal under US federal law
While the federal law prohibits the use of psilocybin, some states and cities have taken steps to decriminalize or deprioritize the enforcement of its illegality. For example, Denver, Colorado, became the first city in the US to decriminalize psilocybin mushrooms in 2019, and other cities like Oakland, California, and Santa Cruz, California, have followed suit. In 2020, Oregon voters passed a ballot measure to decriminalize psilocybin and legalize its supervised use, but much of this measure was repealed in 2024.
Despite these advancements, it is important to note that psilocybin remains illegal under federal law, and state and local authorities may still prosecute individuals for microdosing. The movement to decriminalize psilocybin is gaining momentum, with advocates citing the drug's non-addictive nature and low number of emergency visits compared to other illegal substances. Additionally, research has indicated the potential beneficial use of psilocybin in treating mental health conditions such as treatment-resistant depression and nicotine dependence.
While microdosing mushrooms may be illegal under US federal law, the changing landscape of state and local legislation, as well as increasing research into the therapeutic benefits of psilocybin, may lead to further developments in the future. However, as of now, individuals who microdose psilocybin may face legal consequences, especially when it comes to commercial activities.
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However, some US states have decriminalised or deprioritised enforcement
Microdosing is the practice of consuming very small amounts or low doses (sub-hallucinogenic) of a psychedelic substance on a regular frequency. Psilocybin microdosers can take small, measured amounts orally in a pure mushroom form or ingestible vehicles like tea, chewable gummies, chocolates, and capsules.
Psilocybin is classified as a Schedule I substance under the Controlled Substances Act (CSA) in the United States, which means it is deemed to have no medicinal benefit and a high potential for abuse and serves no legitimate medical purpose. Therefore, the use, sale, and possession of psilocybin (even in trace amounts) are illegal under federal law.
There is also ambiguity in the legal status of psilocybin mushrooms in many national, state, and provincial drug laws, and selective enforcement in some places. While most US state courts have considered the mushroom a "container" of illicit drugs and, therefore, illegal, spores of psilocybin mushrooms are legal to possess in many areas because they do not contain the drugs. However, possessing psilocybin spores could be considered illegal paraphernalia or intent to cultivate psilocybin mushrooms, which can be punishable by federal law.
Other states have proposed or enacted psilocybin-specific legislation to regulate its production, sale, or supervised administration. For example, there is a bill pending in the California State Legislature that would legalise the "possession, obtaining, giving away, or transportation of specified quantities of psilocybin." California has also specifically prohibited the sale and possession of psilocybin mushroom spores.
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Oregon and Colorado are the only states to have legalised psilocybin
Psilocybin, commonly known as "magic mushrooms", is a hallucinogenic substance that is illegal under federal law in the United States. Psilocybin is classified as a Schedule I drug under the Controlled Substances Act (CSA), which means it is deemed to have no medicinal value and a high potential for abuse and addiction. As a result, the use, sale, and possession of psilocybin, even in trace amounts, are illegal under federal law.
However, state laws vary, and in some places, psilocybin is either legal or decriminalized and can be used for medicinal or therapeutic purposes. Oregon and Colorado are currently the only two states that have legalised psilocybin. In Oregon, voters passed a ballot initiative in November 2020 that made "magic mushrooms" legal for mental health treatment in supervised settings from February 2021. The state of Colorado, and specifically the city of Denver, decriminalised psilocybin mushrooms in May 2019 after a ballot initiative narrowly won with 50.6% of the vote.
While the legal status of psilocybin varies across states, there is growing interest in the therapeutic potential of psychedelic drugs. Some states and localities are taking steps to loosen laws and policies regarding psychedelic substances. For example, in September 2021, Michigan senators introduced a bill that would create exemptions in the Michigan Health Code, allowing personal and communal use, possession, cultivation, transportation, and delivery of naturally occurring substances. In January 2022, Washington State legislators proposed a similar bill to legalize psilocybin for "supported use" among adults over 21.
Despite the legalisation of psilocybin in Oregon and Colorado, it is important to note that the sale and possession of psilocybin mushroom spores are prohibited in some jurisdictions, including California, Georgia, and Idaho. Additionally, the cultivation of psilocybin mushrooms is often considered drug manufacturing and can result in severe penalties.
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Spores are legal to possess in many areas as they don't contain psilocybin
Microdosing is the act of consuming very small amounts or low doses (sub-hallucinogenic) of a psychedelic substance on a regular frequency. Psilocybin microdosers can take small, measured amounts orally in a pure mushroom form or through ingestible vehicles like tea, chewable gummies, chocolates, and capsules.
Psilocybin is classified as a Schedule I substance under the Controlled Substances Act (CSA) in the United States, which means it has a high potential for abuse and serves no legitimate medical purpose. Therefore, the use, sale, and possession of psilocybin in the United States are illegal under federal law. However, at the state and local levels, there are varying laws and policies regarding the enforcement of its illegality, with some states decriminalizing or legalizing the use of psilocybin for certain purposes. For example, Oregon has made "magic mushrooms" legal for mental health treatment in supervised settings, and Colorado has decriminalized the personal use and possession of mushrooms.
The legality of possessing mushroom spores is also complex and depends on the specific jurisdiction. In many areas, spores are legal to possess because they do not contain psilocybin or psilocin, the psychoactive compounds in magic mushrooms. However, some jurisdictions have specifically prohibited the sale and possession of psilocybin mushroom spores, including Germany and a few US states like California, Georgia, and Idaho. In these places, spores are considered contraband, and possessing them is illegal.
The legality of buying and possessing mushroom spores can be further complicated by the owner's purpose for having them. In some cases, spores may be legal for microscopy, taxonomy, and general research purposes, but the legality changes if there is evidence of an intention to cultivate them for the production of psilocybin. This intention can be established through the possession of cultivation equipment or online communications discussing cultivation. Therefore, vendors often market their products with disclaimers such as "for microscopy and educational use only" to establish a non-criminal purpose for possessing the spores.
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The UN requires members to prohibit psilocybin, but not mushrooms containing it
The legal status of psilocybin mushrooms varies worldwide. Psilocybin and psilocin are 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 and no recognized medical uses. However, the UN Convention does not regulate psilocybin mushrooms, only requiring members to prohibit the drug compound psilocybin itself. This is due in large part to pressure from the Mexican government.
The UN Convention on Psychotropic Substances was adopted in 1971, and it requires its members to prohibit the use of psilocybin, except for medical and scientific research under strictly controlled conditions. While the mushrooms containing the drug are not specifically included in the convention, many countries have some level of regulation or prohibition of psilocybin mushrooms. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act have been amended to reflect the terms of the convention.
The legal status of psilocybin mushrooms is ambiguous in many national, state, and provincial drug laws, with selective enforcement in some places. Most US state courts consider the mushroom a "container" of illicit drugs, and therefore illegal. However, a loophole complicates the legal situation: the spores of psilocybin mushrooms do not contain the drugs and are legal to possess in many areas.
In recent years, there has been a growing interest in the therapeutic potential of psychedelic drugs, including psilocybin mushrooms. Some US cities have passed measures to decriminalize magic mushrooms, and some states have also taken steps to loosen laws and policies on these substances. In 2020, Oregon passed legislation decriminalizing magic mushrooms and is building a framework for regulating legal therapeutic use. Similarly, in 2022, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy.
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Frequently asked questions
Microdosing mushrooms is illegal under federal law in the US. However, state laws vary, and in some places, psilocybin is decriminalized or legal for medicinal or therapeutic purposes.
Psilocybin is currently legalized in Oregon and Colorado. In Oregon, "magic mushrooms" are legal for mental health treatment in supervised settings. Other states, including California, are reviewing bills that could legalize the possession, obtaining, giving, or transportation of specified quantities of psilocybin.
The legal status of psilocybin mushrooms varies worldwide. Psilocybin is illegal in countries including Russia, India, and South Africa. It is legal for medicinal use in countries including Canada, Australia, and Denmark, and is legal without restriction in countries including Peru and Bolivia.
