Laura Smith
The legal status of psychedelic mushrooms, also known as magic mushrooms, varies worldwide. While some countries have full legalisation, others have legalised their use only under specific contexts, and some have simply decriminalised them. In the United States, for example, the possession and use of psilocybin mushrooms are prohibited by federal law, but there is ambiguity in many state laws, and a few states have specifically legalised their use for medical purposes. In other countries, such as Jamaica and Nepal, magic mushrooms have never been illegal. As research on the therapeutic and medicinal potential of psychedelics progresses, the legal landscape is changing, with an increasing number of places moving towards decriminalisation and legal access to psychedelic therapies.
| Characteristics | Values |
|---|---|
| Legal status | Illegal in most countries, but the legal landscape is changing with increased research into therapeutic benefits. |
| Examples of legal jurisdictions | Jamaica, Nepal, Oregon, Colorado, parts of Central Africa (Equatorial Guinea, Cameroon and Republic of the Congo), South Africa, Australia, the Bahamas, Brazil, the British Virgin Islands, Canada, the Czech Republic, Costa Rica, Israel, Mexico, Panama, Peru, Portugal, Samoa, Spain, Switzerland, the United States. |
| Examples of illegal jurisdictions | Germany, New York, California, Georgia, Idaho, the UK |
| Penalties | Fines, imprisonment |
| Factors complicating legal status | The United Nations Convention on Psychotropic Substances (1971) requires members to prohibit psilocybin but does not specifically mention mushrooms. Spores are legal in some places as they do not contain drugs. |
| Enforcement | Varies, with some places treating enforcement as a low priority. |
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What You'll Learn
- Psychedelic mushrooms are illegal in most places, but some jurisdictions have legalised or decriminalised them
- In the US, the federal government prohibits psilocybin, but some states have amended laws to allow for certain uses
- The UN Convention on Psychotropic Substances requires members to prohibit psilocybin, but not mushrooms containing the drug
- Possession and sale of psychedelic mushrooms are generally illegal, but penalties vary depending on the jurisdiction
- As research highlights the therapeutic benefits of psychedelics, legal and political support for decriminalisation is growing
Psychedelic mushrooms are illegal in most places, but some jurisdictions have legalised or decriminalised them
Psychedelic mushrooms, often referred to as magic mushrooms, caps, or shrooms, are illegal in most places. They are considered a controlled substance, and possession, sale, and manufacture are usually criminal offences. However, some jurisdictions have taken steps towards decriminalisation or legalisation, recognising the medicinal and therapeutic potential of psychedelics.
In the United States, the federal government regulates psilocybin and psilocin under the Psychotropic Substances Act. Still, some states have made moves towards decriminalisation or legalisation. For example, Oregon voters passed a ballot initiative in 2020 that legalised the use of magic mushrooms for mental health treatment in supervised settings. California is also considering a bill to legalise the possession, obtaining, giving away, or transportation of specified quantities of various psychedelics, including psilocybin. Other states, like New Mexico, have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
Outside of the US, countries like Jamaica, Nepal, Canada, and the Netherlands have also made strides towards legalising or decriminalising psychedelics. Jamaica, for instance, has no specific law surrounding psilocybin, and magic mushrooms have never been illegal in the country. In Canada, while most psychedelics are illegal, there are some exceptions, such as the legality of 5-MeO-DMT for personal use and possession.
The legal landscape surrounding psychedelic mushrooms is complex and constantly evolving. While they remain illegal in most places, the increasing recognition of their therapeutic benefits has sparked a global conversation about decriminalisation and legalisation. As a result, we may continue to see shifts in drug policies worldwide.
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In the US, the federal government prohibits psilocybin, but some states have amended laws to allow for certain uses
Psilocybin mushrooms, often referred to as "magic mushrooms", are illegal in the United States under federal law. The possession, sale, and manufacture of these mushrooms are prohibited, and those found with the substance can be charged with a criminal possession or sale of a controlled substance crime.
However, the legal status of psilocybin mushrooms has been ambiguous, with varying degrees of enforcement in different states. Some states have amended laws to allow for certain uses of psilocybin mushrooms. For example, in Oregon, voters passed a ballot initiative in 2020 that legalised the use of "magic mushrooms" for mental health treatment in supervised settings. The District of Columbia also passed a similar initiative in 2020, allowing for the possession and non-profit distribution of psilocybin mushrooms. Additionally, in California, there is a pending bill in the State Legislature that would legalise the possession, obtaining, giving away, or transportation of specified quantities of psilocybin.
In some jurisdictions, the spores of psilocybin mushrooms are legal to possess and sell because they do not contain the drugs psilocybin and psilocin. However, states like California, Georgia, and Idaho have specifically prohibited the sale and possession of these spores. The cultivation of psilocybin mushrooms is also considered drug manufacturing in most jurisdictions and is penalised, although New Mexico has ruled that growing psilocybin mushrooms do not qualify as manufacturing a controlled substance.
As research on the therapeutic and medicinal potential of psychedelics progresses, the legal landscape is changing, with increasing legal and political support for their use.
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The UN Convention on Psychotropic Substances requires members to prohibit psilocybin, but not mushrooms containing the drug
The legal status of psychedelic mushrooms, also known as magic 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 or drugs that have no recognized medical uses. The 1971 Convention requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions.
However, the UN Convention on Psychotropic Substances does not specifically include mushrooms containing psilocybin, due largely to pressure from the Mexican government. This is because psychedelic plants and any plants were not included in the original schedules and are not covered by the Convention. Consequently, the mushrooms themselves are not controlled by the Convention, but the drugs they contain are. This has created ambiguity in the legal status of psilocybin mushrooms in many national, state, and provincial drug laws.
While the possession and use of psilocybin are prohibited under almost all circumstances in most countries, the possession and sale of psilocybin mushroom spores are legal in some jurisdictions because they do not contain psilocybin or psilocin. For example, in the US, the spores are legal to possess and sell in many areas, while the mushrooms are illegal. This has resulted in an active underground economy for the sale of spores and cultivation materials.
In recent years, there has been a growing trend towards the decriminalization and legalization of psychedelic mushrooms for medicinal and therapeutic purposes. For instance, in 2020, Oregon voters passed a ballot initiative that made magic mushrooms legal for mental health treatment in supervised settings. Similarly, in 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. Other jurisdictions, such as the Canadian province of Alberta and Australia, have also moved towards regulating and allowing the use of psilocybin for medicinal purposes.
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Possession and sale of psychedelic mushrooms are generally illegal, but penalties vary depending on the jurisdiction
The possession and sale of psychedelic mushrooms are generally illegal, but the penalties vary depending on the jurisdiction. In New York, for example, if you are found with psychedelic mushrooms and there is no evidence that you intended to sell them, you will likely be charged with criminal possession of a controlled substance. The specific possession charge will depend on the amount of psychedelic substance involved. For instance, criminal possession of a controlled substance in the seventh degree, which is a class A misdemeanour, will be the charge for possessing less than 25 milligrams of the drug. On the other hand, possessing at least 25 milligrams of psychedelic mushrooms or another hallucinogen will result in a class C felony charge, which carries a possible sentence of up to 15 years in prison. If there is evidence of selling, then you will face a criminal sale charge.
In some jurisdictions, the sale and possession of psilocybin mushroom spores are specifically prohibited. For instance, in the US, California, Georgia, and Idaho have made it illegal to possess or sell psilocybin mushroom spores. However, in many places, there is ambiguity in the legal status of psilocybin mushrooms, and there may be loopholes that further complicate the situation. For example, spores of psilocybin mushrooms are legal to possess in many areas because they do not contain the drugs psilocybin and psilocin. This has led to an active underground economy for the sale of spores and cultivation materials.
The legal landscape surrounding psychedelic substances is evolving, with an increasing number of jurisdictions considering or implementing reforms. For instance, some places have made the enforcement of psychedelics' illegality the lowest law enforcement priority, while others have legalized specific psychedelics for therapeutic use. As of 2024, some form of psychedelic decriminalization or legalization has occurred in parts of Central Africa (Equatorial Guinea, Cameroon, and the Republic of Congo), South Africa, Australia, the Bahamas, Brazil, the British Virgin Islands, Canada, the Czech Republic, Costa Rica, Israel, Jamaica, Mexico, Nepal, the Netherlands, Panama, Peru, Portugal, Samoa, Spain, Switzerland, and the United States.
In the United States, Oregon has made "magic mushrooms" legal for mental health treatment in supervised settings, and there is a pending bill in California that would legalize the "possession, obtaining, giving away, or transportation of specified quantities" of various psychedelics. Additionally, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. These changes in the legal landscape are occurring amidst growing scientific research on the therapeutic and medicinal potential of psychedelics, which is garnering increased legal and political support.
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As research highlights the therapeutic benefits of psychedelics, legal and political support for decriminalisation is growing
The legal status of psychedelic mushrooms, or "magic mushrooms", varies worldwide. While the United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention due to pressure from the Mexican government. As a result, 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 the United States, for example, psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, and they are now controlled substances under the Psychotropic Substances Act. Possession and use of psilocybin mushrooms are prohibited under almost all circumstances and often carry severe legal penalties. However, there are some exceptions, such as in Oregon, where voters passed a ballot initiative in 2020 that made "magic mushrooms" legal for mental health treatment in supervised settings from February 2021. California is also considering a similar move, with a bill pending in the state legislature that would legalise the possession, obtaining, giving away, or transportation of specified quantities of psilocybin and other psychedelics.
The District of Columbia also passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-for-profit gifting or distribution of psilocybin mushrooms. In addition, New Mexico has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance. These changes in policy are largely due to the growing body of research highlighting the therapeutic benefits of psychedelics. For example, psychedelic drugs have shown promise in treating depression and post-traumatic stress disorder by encouraging the growth of new connections between neurons in the brain, a process known as neuroplasticity or brain plasticity.
As research continues to highlight the therapeutic potential of psychedelics, legal and political support for decriminalisation is growing. California State Senator Scott Wiener, who has sponsored legislation to decriminalise the use and possession of psychedelic drugs in the state by those over 21, argues that drug use should be treated as a health issue rather than a legal one. Similarly, Graham Boyd, co-founder and executive director of the Psychedelic Science Funders Collaborative, believes that there is no legal impediment to ending the arrest of people who use psychedelics, but rather a political one. He cites the recent decriminalisation of medical psilocybin in Oregon as an example of how change can occur at the state level, despite federal law not allowing it.
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Frequently asked questions
Yes, psychedelic mushrooms are illegal in the US. Psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965. However, Oregon has made "magic mushrooms" legal for mental health treatment in supervised settings, and there is a pending bill in California to legalise the "possession, obtaining, giving away, or transportation" of specified quantities of psilocybin.
If you are found with psychedelic mushrooms and there is no evidence of selling, you will likely be charged with criminal possession of a controlled substance. The specific charge will depend on the amount of the drug involved. For instance, possession of less than 25 milligrams of the drug is a Class A misdemeanour, while possession of at least 25 milligrams is a Class C felony.
Yes, there are several countries where psychedelic mushrooms are legal or decriminalised, including Jamaica, Nepal, the Netherlands, Mexico, and parts of Africa and Central America. The legal landscape is changing globally as research highlights the therapeutic benefits of psychedelics.
Advocates for decriminalisation argue that criminalisation creates more harm than good. By making psychedelics illegal, people are less likely to seek help from doctors, which can lead to negative health outcomes. Decriminalisation can also free up law enforcement resources, allowing them to focus on other areas.
Yes, there are many species of psychedelic mushrooms, including the bluing species of Psilocybe. However, the active compounds in psychedelic mushrooms, psilocybin and psilocin, are classified as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances.
