Sarah Brown
The legality of selling mushrooms varies depending on the type of mushroom and the jurisdiction. Psilocybin, the psychedelic substance derived from magic mushrooms, is a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances and federal law in the United States. This means that it is illegal to possess, sell or grow psilocybin mushrooms in most places. However, there are some jurisdictions where Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin. In addition, some cities and states have made the enforcement of psilocybin laws a low priority for law enforcement, and a few jurisdictions have specifically legalized the sale and possession of psilocybin mushroom spores.
| Characteristics | Values |
|---|---|
| Psilocybin | A Schedule I substance: an illegal drug considered to have no medical use and a high potential for abuse |
| Magic Mushrooms | Illegal to consume, possess, grow, or sell under federal and most state laws |
| Federal Law | Psilocybin is illegal to possess, sell, or grow |
| State Laws | Colorado and Oregon have legalised certain uses; California, Oregon, and Washington make simple possession a misdemeanour |
| United Nations | Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances |
| Germany | Enacted laws to criminalise the possession of psilocybin mushroom spores |
| California, Georgia, and Idaho | Prohibited the sale and possession of psilocybin mushroom spores |
| New Mexico | Ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance |
| Oregon | Passed a ballot initiative in 2020 that made magic mushrooms legal for mental health treatment in supervised settings |
| California | A bill is pending in the California State Legislature that would legalise the possession, obtaining, giving away, or transportation of specified quantities of psilocybin |
| District of Columbia | Passed the Entheogenic Plant and Fungus Policy Act of 2020, allowing for the possession and non-profit gifting or distribution of psilocybin mushrooms |
| Oakland, San Francisco, and Santa Cruz | Decriminalised magic mushrooms |
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What You'll Learn
- Magic mushrooms are illegal in most US states
- In Oregon, they are legal for mental health treatment in supervised settings
- California, Oregon, and Washington consider possession a misdemeanour
- In some jurisdictions, spores are legal to sell and possess
- The UN requires members to prohibit psilocybin, but not mushrooms
Magic mushrooms are illegal in most US states
Magic mushrooms, or psilocybin mushrooms, are illegal in the US under federal law. Psilocybin is a Schedule I controlled substance, which means it is deemed to have no medicinal value and a high potential for abuse. As a result, the sale, possession, and cultivation of magic mushrooms are prohibited by federal law. However, there is ambiguity in the legal status of magic mushrooms as some US states have enacted laws that decriminalize or legalize their use for specific purposes.
In Oregon, for example, magic mushrooms have been legalized for mental health treatment in supervised settings since November 2020. This means that an adult client can legally buy, possess, and consume psilocybin while under supervision at a licensed facility. Possession of magic mushrooms outside of these supervised settings is still considered a drug enforcement misdemeanor. Additionally, the Oregon Health Authority oversees the licensing of psilocybin service centers, ensuring that strict regulations are followed.
Colorado has also taken steps towards decriminalization, with Denver becoming the first city in the US to do so in May 2019. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, allowing for the personal use and private cultivation of small amounts for adults aged 21 and older. New Mexico has similarly ruled that growing psilocybin mushrooms for personal use does not constitute "manufacturing a controlled substance."
While these states have made strides towards decriminalization, it is important to note that the commercial sale of psilocybin is still largely illegal in the US. Additionally, the possession and use of psilocybin continue to carry severe legal penalties in most states, with varying fines and prison sentences depending on the specific state laws.
The legal landscape surrounding magic mushrooms in the US is evolving, with a growing number of states considering reduced penalties for possession and use. This shift is influenced by increasing research into the therapeutic benefits of psilocybin and changing attitudes towards its potential for abuse. However, as of now, magic mushrooms remain illegal under federal law and most state laws, with only a handful of states implementing specific exceptions for supervised therapeutic use or personal consumption.
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In Oregon, they are legal for mental health treatment in supervised settings
Psilocybin, the active compound in magic mushrooms, is classified as a Schedule I drug by the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are considered to have a high potential for abuse and no accepted medical use. As a result, the possession, use, and sale of psilocybin mushrooms are prohibited in most countries, including the United States, where it remains illegal under federal law.
However, in recent years, there has been a shift towards exploring the therapeutic potential of psilocybin for mental health treatment. Oregon has been at the forefront of these efforts, becoming the first state to legalize the therapeutic use of psilocybin. On November 3, 2020, Oregon voters passed a ballot initiative, known as the Oregon Psilocybin Therapy Ballot Measure, which made psilocybin legal for mental health treatment in supervised settings. This initiative received overwhelming support, with more than 1.2 million votes in favor.
The Oregon model allows individuals to participate in legal psilocybin sessions at certified service centers. These sessions are supervised by facilitators who ensure a safe, client-led experience. While facilitators are not licensed mental health professionals, therapists may still play a role in the preparation and integration process. This approach aims to increase access to psilocybin for those who may benefit from it while also ensuring a controlled and supportive environment.
The legalization of psilocybin in Oregon for mental health treatment reflects a growing body of scientific research highlighting its potential benefits. Clinical trials have shown that psilocybin can effectively manage pain and provide relief from anxiety and depression, including treatment-resistant depression. It is also being studied for its potential to treat conditions such as anorexia, obsessive-compulsive disorder, smoking cessation, opiate addiction, and post-traumatic stress disorder.
While the supervised use of psilocybin for mental health treatment is now legal in Oregon, it is important to note that the possession and use of psilocybin mushrooms outside of these supervised settings remain illegal and can result in drug enforcement misdemeanors. Additionally, the conflict between state and federal laws regarding psilocybin means that compliance with state law does not protect individuals from potential federal prosecution.
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California, Oregon, and Washington consider possession a misdemeanour
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 or drugs that have no recognised medical uses.
In the United States, psilocybin was first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, and was classified as a Schedule I drug in 1970. Federal law and most states classify psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow. However, a growing number of states impose reduced penalties for certain Schedule I drugs, such as marijuana and psilocybin. California, Oregon, and Washington, for example, consider simple possession a misdemeanour with penalties of 180 to 364 days of possible jail time. Possession of larger amounts may result in felony penalties. In Oregon, a person can face a felony for possessing 60 grams or more of psilocybin.
In November 2020, Oregon became the first US state to decriminalise psilocybin and legalise it for supervised non-medical use. In Oregon, an of-age client can buy, possess, and consume psilocybin legally while supervised at a psilocybin service centre. Possession of magic mushrooms outside this supervised setting is a drug enforcement misdemeanour. A few cities in Oregon have enacted resolutions and policies that make investigations and arrests for possession and use of entheogenic plants, including psilocybin mushrooms, among the lowest priorities for law enforcement resources.
In California, the spores of psilocybin mushrooms are legal to possess. However, the state has specifically prohibited the sale and possession of psilocybin mushroom spores. While California exempts the cultivation of psilocybin mushrooms from its harsh illegal drug manufacturing laws, the cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions and is often severely penalised.
In Washington, growing or cultivating psilocybin mushrooms falls under the state's illegal drug manufacturing laws, which often carry felony penalties.
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In some jurisdictions, spores are legal to sell and possess
The legality of selling and possessing mushrooms varies across jurisdictions. While federal law and most states classify psilocybin as a Schedule I drug, making it illegal to possess, sell, or grow, there are some jurisdictions where it is legal.
In some jurisdictions, Psilocybe spores are legal to sell and possess because they do not contain psilocybin or psilocin. These jurisdictions include the US states of New Mexico and Colorado. In Colorado, for instance, the personal use and private cultivation of small amounts of magic mushrooms are legal for adults aged 21 and older, subject to certain restrictions.
However, it is important to note that even in jurisdictions where Psilocybe spores are legal, the cultivation of psilocybin mushrooms may still be considered drug manufacture and penalized severely. Additionally, the sale and possession of psilocybin mushroom spores have been specifically prohibited in certain jurisdictions, such as Germany, California, Georgia, and Idaho in the United States.
The legal status of psilocybin mushrooms has been a subject of debate and ambiguity, with a growing number of states imposing reduced penalties for possession and use. For example, in Oregon, voters passed a ballot initiative in 2020 that made "magic mushrooms" legal for mental health treatment in supervised settings. Similarly, in Washington, D.C., the Entheogenic Plant and Fungus Policy Act of 2020 allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. While these reforms represent a shift in policy, it is important to understand the specific laws and regulations in your jurisdiction regarding the legality of selling and possessing mushrooms and their spores.
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The UN requires members to prohibit psilocybin, but not mushrooms
The legal status of 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 or drugs that have no recognized medical uses. The United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin. However, the mushrooms containing the drug were not specifically included in the convention, due largely to pressure from the Mexican government.
The UN Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin and restrict the use of the drug to medical and scientific research under controlled conditions. Psilocybin and psilocin are listed as Schedule I drugs, which are considered to have a high potential for abuse and no accepted medical use. However, psilocybin mushrooms have had numerous medicinal and religious uses in various cultures throughout history, and their potential for abuse is lower than that of other Schedule I drugs.
The ambiguity surrounding the legal status of psilocybin mushrooms has led to selective enforcement in some places. While most US state courts consider the mushrooms illegal as "containers" of illicit drugs, their spores are legal to possess in many areas since they do not contain psilocybin or psilocin. This loophole has spawned an underground economy for the sale of spores and cultivation materials.
Some jurisdictions have specifically banned the possession of psilocybin mushroom spores, such as Germany and a few US states, while others allow it because the spores do not contain the drugs themselves. The cultivation of psilocybin mushrooms is generally considered drug manufacture and is penalized, but some regions, like New Mexico, have ruled that it does not qualify as manufacturing a controlled substance.
The legal landscape surrounding psilocybin mushrooms is evolving. Oregon has legalized magic mushrooms for mental health treatment in supervised settings, and other states are considering similar legislation. Additionally, Denver and Oakland, California, have passed initiatives to decriminalize the possession of magic mushrooms, reflecting a growing interest in therapeutic use and nationwide reform.
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Frequently asked questions
Magic mushrooms, or mushrooms containing psilocybin, are illegal to consume, possess, grow or sell under federal and most state laws. However, there are a few exceptions.
In Oregon, it is legal for an adult client to buy, possess and consume psilocybin mushrooms in supervised settings at a psilocybin service center. Colorado is the only state where personal use and private cultivation of small amounts of magic mushrooms are legal for adults 21 and older.
Oakland, San Francisco and Santa Cruz have decriminalized magic mushrooms. In Washington, DC, investigations and arrests for possession and use of entheogenic plants are the lowest priority for law enforcement.
Psilocybe spores, which are used to grow psilocybin mushrooms, are legal to sell and possess in some jurisdictions because they do not contain psilocybin or psilocin. However, in places like California, Georgia, Idaho and Germany, they are illegal.
Selling magic mushrooms is illegal in most places and can result in arrest and prosecution. Local law enforcement and prosecutors may prioritize other crimes, but county, state and federal officials are not bound by these resolutions.
