Emma Wilson
The legality of mushrooms varies worldwide. Psilocybin, the psychedelic substance derived from magic mushrooms, is a Schedule I substance in many places, including the US, meaning it is illegal and has no medical use. However, some US cities and states have decriminalized or legalized psilocybin, including Denver, Colorado, Oregon, California, and Washington. In these places, psilocybin is often treated as a low priority for law enforcement, or is legal for mental health treatment in supervised settings. The legal status of psilocybin mushrooms is ambiguous in many places, and there is an active underground economy involved in the sale of spores and cultivation materials.
| Characteristics | Values |
|---|---|
| Legal Status of Psilocybin Mushrooms | Illegal in most countries, but with varying degrees of enforcement and penalties. |
| United Nations Classification | Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. |
| National/Regional Laws | Varies by country and state/province. For example, the US, UK, Canada, Australia, and Japan have specific laws regulating psilocybin mushrooms, with some US states like California, Oregon, and Colorado allowing certain uses or reducing penalties. |
| Medical Uses | Psilocybin mushrooms are not recognized as having medical uses by the UN and many national drug laws, but they have been used for mental health treatment in supervised settings in some places. |
| Toxicity | Psilocybin has a low level of toxicity, but there is a risk of ingesting poisonous mushrooms. |
| Side Effects | Physiological effects can include nausea, vomiting, muscle weakness, and increased heart rate. Psychological effects can include euphoria, mood changes, fear, panic, hallucinations, and agitation. |
| Enforcement Priorities | Some cities and states have made the enforcement of psilocybin laws a low priority for law enforcement, effectively decriminalizing its use. |
| Underground Economy | The ambiguity and selective enforcement of laws have led to an underground economy for the sale of spores and cultivation materials, often supported by internet-based social networks. |
| Edible Products | Mushroom edibles that claim to contain psilocybin are available in the market, but accurate labeling is rare, and they may contain undisclosed and potentially dangerous or illegal ingredients. |
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What You'll Learn
- Magic mushrooms are illegal in the US, but some cities have deprioritized their enforcement
- In Oregon, magic mushrooms are legal for mental health treatment in supervised settings
- Psilocybin is a Schedule I substance, deemed highly addictive with no accepted medical use
- The UN Convention on Psychotropic Substances requires members to prohibit psilocybin
- Mushroom edibles that claim to be psychedelic are often inaccurately labelled and may be dangerous
Magic mushrooms are illegal in the US, but some cities have deprioritized their enforcement
Magic mushrooms, or psilocybin mushrooms, are illegal in the US. They are classified as a Schedule I drug, which means they are considered to have no medical use and a high potential for abuse. Psilocybin is a chemical found in certain types of mushrooms and is known for its hallucinogenic properties. While the use of hallucinogenic mushrooms in America was partially stamped out by Catholic missionaries during the Spanish conquest, it continued to be used in indigenous ceremonies in Mexico. The popularity of magic mushrooms grew in the 1960s, and they were embraced by the counterculture.
However, in recent years, there has been a push for the decriminalization of psilocybin mushrooms in the US. Proponents of decriminalization argue that redirecting law enforcement resources away from policing private psychedelic usage can allow for a greater focus on higher-priority issues affecting the general public, such as violent crime. Additionally, research suggests that psilocybin is non-addictive and leads to fewer emergency room visits compared to other illegal drugs. There is also potential for the beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence.
As a result of these efforts, several US cities have passed measures to deprioritize the enforcement of laws prohibiting magic mushrooms. This means that while the mushrooms themselves remain illegal, prosecuting individuals for their possession or use is not a priority for law enforcement. Cities that have taken these steps include Denver, Colorado; Oakland, California; Santa Cruz, California; Ann Arbor, Michigan; Washington, D.C.; Somerville, Massachusetts; Cambridge, Massachusetts; Northampton, Massachusetts; Seattle, Washington; Detroit, Michigan; Portland, Maine; Olympia, Washington; and Tacoma, Washington.
It is important to note that these changes are policy shifts rather than changes to the drug laws themselves. While local law enforcement and prosecutors may follow these new priorities, county, state, and federal officials are not bound by them. As such, individuals complying with state law are still not shielded from potential federal prosecution, as psilocybin remains illegal under federal law.
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In Oregon, magic mushrooms are legal for mental health treatment in supervised settings
Magic mushrooms, or psilocybin mushrooms, are considered illegal in most parts of the world. They are classified as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which means they are considered to have no medical use and a high potential for abuse. However, there are some jurisdictions where the sale and possession of psilocybin mushroom spores are legal, and the legal status of unauthorised actions with psilocybin mushrooms varies worldwide.
In Oregon, magic mushrooms have been legalised for mental health treatment in supervised settings since February 1, 2021. This makes Oregon the first US state to legalise psilocybin, the hallucinogenic compound in magic mushrooms, for therapeutic use. The legalisation followed a ballot initiative passed by voters in November 2020, which required the Oregon Health Authority to allow the licensed and regulated production and possession of psilocybin. This initiative aimed to harness the therapeutic potential of psilocybin in treating severe depression, post-traumatic stress disorder, and end-of-life anxiety among the terminally ill.
The legalisation of magic mushrooms in Oregon is a significant step towards exploring the therapeutic benefits of psilocybin. While the compound's effect on the brain is not yet fully understood, studies have shown promising results in treating various mental health conditions. For example, a study published in JAMA Psychiatry found that two doses of psilocybin led to a significant reduction in depressive symptoms among participants. Additionally, psilocybin has been suggested as a possible treatment for anorexia, obsessive-compulsive disorder, and addictions.
Despite the potential benefits, the use of psilocybin mushrooms also carries risks. The compound can cause altered states of consciousness, changes in sensory perception, and subjective emotional effects that can range from heightened anxiety to a sense of melding with the environment. Furthermore, the unregulated market for mushroom edibles has raised concerns about inaccurate labelling and potentially dangerous or illegal ingredients, including undisclosed prescription medications. As a result, consumers are advised to exercise caution and be aware of the potential risks associated with these products.
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Psilocybin is a Schedule I substance, deemed highly addictive with no accepted medical use
Psilocybin, the chemical compound found in magic mushrooms, is a Schedule I substance under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as substances with a high potential for abuse and no accepted medical use. While psilocybin is deemed to have a high risk of abuse, there is evidence to suggest that it has a significantly lower potential for abuse than other Schedule I drugs.
Magic mushrooms do not exhibit the same addictive properties as commonly abused substances like opioids or stimulants. Studies show that people who use mushrooms regularly do not follow typical addiction patterns. However, they may continue using mushrooms to attain pleasurable feelings, which can lead to problematic, compulsive patterns of use. There is also evidence that classic hallucinogens like psilocybin may trigger or worsen certain mental health conditions such as schizophrenia, manic episodes, or depression.
Psilocybin mushrooms have been used for centuries by indigenous populations for religious and social rites. They were popularized in the 1960s by researchers and psychedelic gurus, and were made illegal in 1968. In recent years, there has been growing interest in the therapeutic benefits of psilocybin. Clinical trials have indicated beneficial effects of psilocybin-assisted therapy in treating substance use disorders, and it is being studied as a possible treatment for psychiatric disorders such as depression, obsessive-compulsive disorder, and cluster headaches.
Despite the potential therapeutic benefits, the possession and use of psilocybin mushrooms remain illegal in most countries, including the United States. However, there is a growing movement towards decriminalization, with some jurisdictions, such as Oregon and Denver, legalizing the use of magic mushrooms for mental health treatment in supervised settings.
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The UN Convention on Psychotropic Substances requires members to prohibit psilocybin
The legal status of psilocybin mushrooms, often called "magic mushrooms" or "shrooms", varies worldwide. Psilocybin and psilocin 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 and no recognised medical uses. 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, the mushrooms containing the drug were not specifically included in the convention, and psilocybin mushrooms are not regulated by UN treaties. This is largely due to pressure from the Mexican government, which argued that "production" of psychotropic drugs should not apply to wild-growing plants such as psilocybin mushrooms. The official Commentary on the Convention on Psychotropic Substances clarifies that psychedelic plants and any plants were not included in the original schedules and are not covered or included in the Convention.
Many countries have some level of regulation or prohibition of psilocybin mushrooms. For example, in the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, which regulated the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs". While the statutes did not list the hallucinogenic drugs being regulated, the term referred to substances believed to have a "hallucinogenic effect on the central nervous system". Despite the seemingly strict provisions of the law, many people were exempt from prosecution, as the statutes permitted people to possess such drugs for personal use, household use, or administration to an animal.
The US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, the Canadian Controlled Drugs and Substances Act, and the Japanese Narcotics and Psychotropics Control Law of 2002 have been amended to reflect the terms of the UN Convention. Possession and use of psilocybin are prohibited under almost all circumstances in these countries and often carry severe legal penalties. However, there is ambiguity in the legal status of psilocybin mushrooms in many national, state, and provincial drug laws, with selective enforcement in some places.
In recent years, there has been a push for the decriminalisation of psilocybin mushrooms in some jurisdictions. In May 2019, Denver, Colorado passed a ballot measure decriminalising psilocybin mushrooms, with Oakland, California following suit soon after. In November 2020, voters in Oregon passed a ballot initiative that made "magic mushrooms" legal for mental health treatment in supervised settings. A similar initiative was passed in the District of Columbia, allowing for the possession and non-profit gifting or distribution of psilocybin mushrooms. There is currently a bill pending in the California State Legislature that would legalise the "possession, obtaining, giving away, or transportation of specified quantities" of psilocybin and other psychedelic substances.
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Mushroom edibles that claim to be psychedelic are often inaccurately labelled and may be dangerous
The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin and psilocin 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" and "no recognised medical use". However, psilocybin mushrooms have been used for medicinal and religious purposes by dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
Despite this, psilocybin mushrooms continue to be illegal on the federal level in the United States and are listed as a Schedule I narcotic. However, the legal status of psilocybin mushrooms has been ambiguous, with many US state courts considering the mushroom a "container" of illicit drugs. This ambiguity has led to an active underground economy for the sale of spores and cultivation materials.
The popularity of psilocybin mushrooms has resulted in the emergence of mushroom edibles, such as gummies and chocolates, that are sold in gas stations, smoke shops, and online marketplaces. However, these edibles are often inaccurately labelled and may contain undisclosed and potentially dangerous or illegal ingredients, including psilocybin, psilocin, kratom, and prescription medications. Testing by federal regulators has revealed the presence of these substances in certain batches, but the lack of regulation in this market means that brands are effectively skirting regulation.
The inaccurate labelling and potential presence of undisclosed substances in mushroom edibles pose significant risks to consumers. The U.S. Food and Drug Administration (FDA) has warned against the use of certain brands, such as Diamond Shruumz, which have been linked to seizures, blackouts, heart problems, nausea, vomiting, agitation, and other side effects. As of late September, 70 people had been hospitalized, and at least three deaths were potentially linked to the consumption of these products.
Given the potential for serious harm, it is essential for consumers to be aware of the risks associated with mushroom edibles that claim to be psychedelic. The safest choice for individuals curious about consciousness-altering drugs is to visit a state-regulated facility, where products must meet standards for safety, dosing, and ingredient disclosure.
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Frequently asked questions
Yes, in nearly all states, psilocybin is a Schedule I drug, making it illegal to possess, sell, or grow. However, some cities like Denver, Oakland, and Washington, DC have deprioritized arrest and prosecution for personal possession and use. Colorado and Oregon have legalized certain uses, with Colorado being the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults over 21.
The legal status of magic mushrooms varies worldwide. Psilocybin mushrooms are not regulated by UN treaties, but the UN Convention on Psychotropic Substances requires its members to prohibit psilocybin and restrict its use to medical and scientific research. Many countries have some level of regulation or prohibition, such as the UK, Canada, Australia, and Japan.
Yes, in Oregon, voters passed a ballot initiative that made magic mushrooms legal for mental health treatment in supervised settings. Additionally, there is a pending bill in California that would legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin and other psychedelic substances.
Psilocybin, the psychedelic substance derived from magic mushrooms, is considered a Schedule I drug due to its potential for abuse and lack of recognized medical uses. However, this classification has been contested as psilocybin mushrooms have had numerous medicinal and religious uses in various cultures throughout history.
Yes, there are potential risks associated with the legalization of magic mushrooms. For example, there has been a sharp rise in calls to poison control centers related to psilocybin exposures, particularly among adolescents and young adults. This suggests that young people may be obtaining and using magic mushrooms illegally, as the legal age limit is typically set at 21.
