Laura Smith
Illegal mushrooms, commonly referred to as magic mushrooms, are fungi that contain the psychoactive chemicals psilocybin and psilocin, which can cause hallucinations and an altered state of consciousness. While the mushrooms have been used medicinally and religiously in various cultures throughout history, they are currently illegal in many places. The legal status varies worldwide, with some jurisdictions imposing severe penalties for activities such as sale, possession, and production, while others have decriminalized or legalized mushrooms for medicinal or therapeutic purposes. The line between legality and illegality is often nuanced, and understanding the specific laws and regulations pertaining to mushrooms in one's jurisdiction is essential.
| Characteristics | Values |
|---|---|
| Common names | Psilocybin mushrooms, magic mushrooms, psychedelic mushrooms |
| Active ingredients | Psilocybin, psilocin |
| Effects | Hallucinations, heightened emotions and senses, altered state of consciousness, distorted sense of reality |
| Legal status | Listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, illegal in most countries, including the US and Canada |
| Exceptions | Some US states (e.g., New Mexico, Colorado) and cities (e.g., District of Columbia) have decriminalized or legalized psilocybin mushrooms; Alberta, a Canadian province, allows their use for medicinal purposes |
| Enforcement | Possession, distribution, sale, and production are often illegal and can result in felony-level charges |
| Health risks | No evidence of physical or psychological dependence, but can cause serious harms if injected intravenously |
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What You'll Learn
- Magic mushrooms are classified as Schedule I drugs in the US
- They are illegal in Texas, but decriminalised in Colorado
- In Canada, they are controlled under the Controlled Drugs and Substances Act (CDSA)
- Mushroom gummies marketed for brain health may contain illegal hallucinogens
- Cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions
Magic mushrooms are classified as Schedule I drugs in the US
Magic mushrooms, or psilocybin mushrooms, are fungi that contain the psychoactive chemicals psilocybin and psilocin, which can cause hallucinations and make people feel high. While these mushrooms have been used medicinally and religiously in various cultures throughout history, they are considered illegal in many places worldwide, including the United States.
In the US, the possession, distribution, and use of magic mushrooms are prohibited under federal law. Psilocybin and psilocin are classified as Schedule I drugs under the Controlled Substances Act, which means they are considered to have a high potential for abuse and no recognized medical value. This classification was established in 1970 through the Comprehensive Drug Abuse Prevention and Control Act, and it places psilocybin and psilocin in the same category as other illicit substances such as heroin and LSD.
The federal regulation of psilocybin and psilocin dates back to the Drug Abuse Control Amendments of 1965, which were intended to regulate the unlicensed possession, manufacture, or sale of hallucinogenic drugs. However, the specific inclusion of psilocybin mushrooms under the Controlled Substances Act has led to a complex legal situation. While the mushrooms themselves are illegal to possess and use, the spores of these mushrooms, which do not contain psilocybin or psilocin, may be legal to possess and sell in certain jurisdictions.
The legal status of psilocybin mushrooms varies at the state level in the US. Some states, like Texas, have strict laws prohibiting any amount of psilocybin mushrooms, considering it a felony-level offense. Other states, like California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores. However, the state of New Mexico has ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance, creating a degree of ambiguity in the legal system.
Despite the federal classification of psilocybin as a Schedule I drug, there have been recent efforts to re-evaluate its status. Researchers from Johns Hopkins University have suggested that psilocybin should be reclassified as a Schedule IV drug, similar to prescription sleep aids, if it clears phase III clinical trials. They argue that psilocybin has a low potential for abuse and is relatively less harmful than other drugs, both legal and illegal. Additionally, in 2020, voters in Oregon passed a ballot initiative legalizing "magic mushrooms" for mental health treatment in supervised settings, and other states like Colorado have followed suit in decriminalizing psilocybin mushrooms. These developments highlight a growing recognition of the potential therapeutic benefits of psilocybin and a shift in drug policy attitudes.
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They are illegal in Texas, but decriminalised in Colorado
Psilocybin mushrooms, commonly referred to as magic mushrooms, are fungi that contain the psychoactive chemicals psilocybin and psilocin. These chemicals induce hallucinations and a feeling of being high when ingested. While the mushrooms have been used medicinally and religiously by numerous cultures throughout history, they are currently illegal in many places.
In Texas, magic mushrooms are listed as a banned substance in the Texas Penal Code and the Texas Controlled Substance Act. Possession, distribution, carrying, use, or growth of magic mushrooms is illegal in the state. Being caught with any amount of psilocybin mushrooms is considered a felony-level offense, which can result in steep fines and years of imprisonment. However, it is important to note that individuals accused of possessing magic mushrooms in Texas have the right to defend themselves and fight the charges with the help of an experienced criminal defence attorney.
On the other hand, Colorado has taken a different approach to the legalization of psilocybin mushrooms. In 2025, Colorado voters decriminalized psychedelic mushrooms for individuals 21 years of age and older. This decision was made through a ballot measure, making Colorado the second state in the US, after Oregon, to decriminalize these substances. The ballot initiative allows individuals to grow, possess, and share psychedelic mushrooms, but not sell them for personal use. Additionally, those convicted of offences involving psilocybin mushrooms can have their criminal records sealed.
The state of Colorado has also established rules for the administration of psilocybin mushrooms. Licensed facilitators will administer the treatments at healing centers, and the state has set minimum session durations based on the dosage. The medicine can be administered in various forms, including teas, tinctures, capsules, gummies, and chocolates. However, there are concerns about child safety, with citizens expressing worries about the potential for accidental ingestion by children, similar to issues observed with marijuana edibles.
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In Canada, they are controlled under the Controlled Drugs and Substances Act (CDSA)
Psilocybin mushrooms, often referred to as "magic mushrooms", are regulated under Canada's Controlled Drugs and Substances Act (CDSA). Passed in 1996, the CDSA is Canada's federal drug control statute, which repealed the Narcotic Control Act and Parts III and IV of the Food and Drugs Act. The CDSA establishes eight schedules of controlled substances and two classes of precursors. It provides legislative control for substances that can alter mental processes and pose risks to public health and safety when used inappropriately or diverted to the illegal market.
The CDSA serves as the implementing legislation for the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which Canada is a signatory to. Schedule I drugs are defined as drugs with a high potential for abuse or drugs with no recognized medical uses.
The CDSA enables the Governor-in-Council to make regulations regarding authorized activities with controlled substances for medical, scientific, or industrial purposes, and to minimize the risk of these substances being diverted to the illegal market. Offences under the CDSA can result in a maximum $1000 fine for the first offence and/or a maximum 6-month term of imprisonment, increasing to a maximum $2000 fine for each subsequent offence and/or a maximum of 1 year in prison.
While the CDSA prohibits psilocybin mushrooms at the federal level, the Canadian province of Alberta has allowed the use of psilocybin for medicinal purposes in drug-assisted psychotherapy since January 2023. This move towards the medicinal use of psychedelics reflects a broader shift in drug policy, with Canada's federal Cannabis Act legalizing the possession, sale, and production of cannabis in 2018.
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Mushroom gummies marketed for brain health may contain illegal hallucinogens
Mushroom-infused products, including gummies, have gained popularity for their supposed benefits for brain health and cognitive function. However, recent events and studies have revealed a concerning trend: mushroom gummies marketed for brain health may contain illegal hallucinogens, leading to adverse effects and even hospitalizations.
In 2024, experts at the University of Virginia (UVA) Health Medical Center's emergency department observed a series of hospitalizations linked to mushroom gummies. This prompted a study by UVA's Blue Ridge Poison Center, which tested various brands of mushroom gummies sold in Central Virginia gas stations and smoke shops. The findings were alarming: several of the tested products contained illegal hallucinogens, specifically psilocybin and psilocin, which are classified as Schedule I drugs by the U.S. Food and Drug Administration (FDA). These substances are considered to have no medical use and a high potential for abuse, making them illegal at both the federal and state levels.
The study analyzed five different brands of mushroom gummies, and three of them were found to contain the illegal hallucinogens. The presence of psilocybin and psilocin was unexpected, as these substances are regulated and illegal under federal and state laws. The fact that they were discovered in products easily accessible to the public, including minors, raises serious concerns about the safety and regulation of these supplements.
The hospitalizations at UVA involved four adults and a 3-year-old child who experienced adverse effects after consuming the mushroom gummies. While the adults intentionally ingested the gummies, the child consumed them accidentally. The child required an overnight hospital stay, underscoring the potential dangers of these products, especially to unsuspecting or vulnerable individuals.
The issue of illegal hallucinogens in mushroom gummies highlights the need for better regulation and oversight in the supplement industry. Consumers should be cautious when considering such products and be aware of the potential risks associated with their use. It is crucial to remember that just because a product is available on store shelves does not necessarily guarantee its safety or legality.
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Cultivation of psilocybin mushrooms is considered drug manufacture in most jurisdictions
Psilocybin mushrooms, often referred to as magic mushrooms, are considered illegal in many parts of the world. These mushrooms contain psychoactive chemicals like psilocybin and psilocin, which can induce hallucinations and a feeling of being high. While the mushrooms have been used for medicinal and spiritual purposes by various cultures throughout history, modern drug laws have largely prohibited their use and possession.
The cultivation of psilocybin mushrooms is a highly contentious issue, with most jurisdictions considering it drug manufacture. This means that growing these mushrooms is often treated as a severe offence, sometimes carrying penalties similar to those for the production of other controlled substances. However, the legal status of psilocybin mushrooms and their cultivation is not uniform across the globe, and there are nuances to consider.
In some jurisdictions, the spores of psilocybin mushrooms are legal to possess and sell. This is because the spores themselves do not contain psilocybin or psilocin, the psychoactive compounds found in the mature mushrooms. As a result, there is an ambiguity in the legal status of the mushrooms in certain places, and a loophole that has given rise to an underground economy for the sale of spores and cultivation materials.
While most jurisdictions take a hard line against the cultivation of psilocybin mushrooms, a few places have adopted a more nuanced approach. For example, the US state of New Mexico has ruled that growing psilocybin mushrooms does not constitute "manufacturing" a controlled substance. Similarly, in 2020, the District of Columbia passed Initiative 81, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms, treating them similarly to marijuana products. These exceptions highlight the evolving nature of drug laws and the recognition of the potential therapeutic benefits of psilocybin.
The legal landscape surrounding psilocybin mushrooms is complex and subject to change. While cultivation is generally considered drug manufacture, the trend towards decriminalisation and legalisation in some jurisdictions underscores the ongoing reassessment of drug policies. As research into the therapeutic potential of psilocybin mushrooms progresses, the legal status of these mushrooms may continue to evolve, with potential implications for their cultivation and use.
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Frequently asked questions
Illegal mushrooms, also known as magic mushrooms, psychedelic mushrooms, or psilocybin mushrooms, are fungi that contain the psychoactive chemicals psilocybin and psilocin, which can cause hallucinations and an altered state of consciousness.
Psilocybin and psilocin are controlled substances under the United Nations Drug Control Conventions and are listed as Schedule I drugs, meaning they have a high potential for abuse and no recognized medical uses. However, this classification has been contested, as psilocybin mushrooms have been used medicinally and religiously in various cultures throughout history, and some countries are beginning to legalize their use for medicinal purposes.
Psilocybin mushrooms are illegal in many countries, including the United States (at both the federal and state level), Canada, the United Kingdom, Australia, and Japan. While some US states have decriminalized or legalized psilocybin mushrooms, Texas has strict laws prohibiting their possession, distribution, and use.
Penalties for possessing illegal mushrooms vary by jurisdiction. In Texas, possession of any amount of psilocybin mushrooms is considered a felony-level offense. In other places, such as Travis County, possessing one gram or less may not result in an arrest, but larger amounts can lead to felony-level criminal charges.
