Michael Davis
Decriminalization is not the same as legalization, and it does not involve the sale or recreational use of magic mushrooms. Instead, it means that enforcing federal laws about the possession of psilocybin is the lowest priority for police. In the United States, the use, sale, and possession of psilocybin are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as magic mushrooms. In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms after a ballot initiative narrowly won with 50.6% of the vote. Since then, several other cities, including Detroit, Washington, D.C., Seattle, Olympia, and Tacoma, have also decriminalized psilocybin. As scientific research on the therapeutic and medicinal potential of psychedelics grows, so does legal and political support.
| Characteristics | Values |
|---|---|
| What does decriminalization mean? | Decriminalization is different from legalization. It does not involve the sale or recreational use of magic mushrooms. Instead, it makes enforcing federal laws about the possession of psilocybin the lowest priority for the police. |
| What is the status of decriminalization of magic mushrooms in the US? | As of August 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA. Denver, Colorado, became the first city in the US to decriminalize psilocybin mushrooms in May 2019. Since then, several other cities and states have followed suit, including Oregon, California, Washington, D.C., and Seattle. |
| What are the arguments for decriminalization? | Advocates for decriminalization argue that the rapid legalization of cannabis in the US has set a precedent. They also point to the therapeutic and medicinal potential of psychedelics, which has gained increasing scientific and political support. |
| What are the potential risks? | Some researchers argue that decriminalization is premature and that more research is needed to understand the risks and consequences of unrestricted use. There is also concern about the increase in calls to poison control centers related to psilocybin, particularly among adolescents. |
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What You'll Learn
- Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms in 2019
- Oregon and Colorado are the only two states where magic mushrooms are legal to purchase, possess and cultivate
- In California, San Francisco, Oakland and Santa Cruz have effectively decriminalized possession of psychedelic mushrooms
- The use, sale, and possession of psilocybin in the US is illegal under federal law
- Decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA
Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms in 2019
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms, also known as "magic mushrooms". The initiative, known as the Denver Psilocybin Mushroom Decriminalization Initiative, passed by a narrow margin of 50.6%–49.4%. This initiative did not legalize the mushrooms but instead prohibited law enforcement from spending resources on prosecuting people for their use or possession. In other words, it made enforcing laws against psilocybin a low priority for the Denver Police Department.
The initiative applies only to adults over the age of 21, and psilocybin remains illegal in Colorado under state law and federal law. Before decriminalization, possession of magic mushrooms in Denver could have resulted in up to a year in prison. However, the data shows that out of 9,267 drug cases in the past three years, only 11 involved psilocybin.
The movement to decriminalize psilocybin in Denver was influenced by the rapid legalization of cannabis across the United States. Proponents of decriminalization argue for the therapeutic benefits of psilocybin, which some researchers believe can be used to treat depression, anxiety, and post-traumatic stress disorder. Additionally, there is growing scientific evidence that psilocybin may aid in treating psychiatric diseases that are difficult to manage with existing therapies.
Despite the successful initiative, there was significant opposition to the decriminalization of psilocybin in Denver. Opponents, including Denver Mayor Michael Hancock and District Attorney Beth McCann, expressed concern that the initiative would encourage drug use and reinforce Denver's reputation as a "drug-friendly city".
Following Denver's lead, other cities across the United States have also moved towards decriminalizing psilocybin mushrooms. In June 2019, Oakland, California, voted to decriminalize the drug, and in January 2020, Santa Cruz, California, followed suit. In November 2020, Oregon became the first state to legalize the supervised adult use of psilocybin and decriminalize its possession.
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Oregon and Colorado are the only two states where magic mushrooms are legal to purchase, possess and cultivate
In the United States, the use, sale, and possession of psilocybin, which is produced naturally by "magic mushrooms", are illegal under federal law. Psilocybin is federally classified as a Schedule I controlled substance, which means it "has no accepted medical use and a high potential for abuse".
However, Oregon and Colorado are the only two states where magic mushrooms are legal to purchase, possess and cultivate. In Oregon, voters passed a 2020 ballot measure, making it the first state to both decriminalize psilocybin and legalize its supervised use. In 2024, much of the measure decriminalizing psilocybin was repealed, effectively recriminalizing it. In Colorado, Denver became the first city in the US to decriminalize psilocybin mushrooms in 2019. However, this did not legalize mushrooms but prohibited the city from spending resources to prosecute people for their use or possession. In 2022, Colorado followed Oregon's lead and passed a similar medical use and decriminalization measure.
While these two states have legalized certain uses of magic mushrooms, it is important to note that these permitted uses conflict with federal law. A person's compliance with state law does not shield them from possible federal prosecution.
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In California, San Francisco, Oakland and Santa Cruz have effectively decriminalized possession of psychedelic mushrooms
Decriminalization is different from legalization. While the latter makes the production, sale, and use of a substance legal, the former simply means that law enforcement will not prioritize or prosecute the possession and use of a substance. In the context of psychedelic mushrooms, decriminalization means that a person cannot be arrested or prosecuted for possessing limited amounts of the substance.
In California, San Francisco, Oakland, and Santa Cruz have effectively decriminalized the possession of psychedelic mushrooms. This means that, within these cities, individuals cannot be arrested or prosecuted for possessing limited amounts of psychedelic mushrooms. This does not mean that the substance is legal to purchase or consume, and it remains illegal under federal law.
The push for decriminalization in these cities is part of a broader movement to reevaluate personal drug possession and explore the therapeutic benefits of psychedelics. Proponents of decriminalization argue that psychedelics, particularly when combined with therapeutic support, can be a powerful tool for improving mental health and treating issues such as depression, anxiety, and post-traumatic stress disorder. Additionally, the decriminalization of psychedelic mushrooms aligns with the growing trend of cannabis legalization and the recognition of its therapeutic benefits.
The decriminalization efforts in San Francisco, Oakland, and Santa Cruz have involved de-prioritizing law enforcement and penalties for possession and use, rather than legalizing the substances outright. This means that while individuals may not be prosecuted for possession, the sale and recreational use of psychedelic mushrooms are still illegal. Additionally, the commercial sale of psilocybin remains illegal.
The movement towards decriminalization in these California cities reflects a shift in perspective regarding psychedelic mushrooms and their potential benefits. However, it is important to note that the drugs themselves remain illegal under federal law, and the focus is on decriminalizing personal possession and use rather than commercial sale and distribution.
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The use, sale, and possession of psilocybin in the US is illegal under federal law
Psilocybin, commonly known as "magic mushrooms", is a psychedelic drug that is produced naturally by certain mushrooms. In the United States, the use, sale, and possession of psilocybin are illegal under federal law. It is classified as a Schedule I controlled substance, which means that it is considered to have "no accepted medical use and a high potential for abuse". This classification was given after the 1971 United Nations Convention on Psychotropic Substances and the subsequent 1970 Controlled Substances Act. Despite the federal ban, there have been growing movements and legal changes in several states and cities across the US to decriminalize psilocybin.
Decriminalization of psilocybin means that although the substance remains illegal, the prosecution of people for possession or personal use is discouraged or made the lowest priority for law enforcement. This distinction is important because it reduces the likelihood of arrest or jail time for individuals found with psilocybin. As of 2025, several cities and states in the US have taken steps towards decriminalization, including Oregon, Denver, Colorado, Washington D.C., Oakland, Santa Cruz, and several cities in California, Michigan, Massachusetts, and Washington State. These changes have been driven by a combination of scientific interest, growing social acceptance, and the potential therapeutic benefits of psilocybin in treating mental health issues.
While these decriminalization efforts represent a significant shift in policy, it is important to note that the sale and recreational use of psilocybin are typically not included in these measures. Additionally, the federal government still considers psilocybin a Schedule I substance, maintaining its stance on the drug's illegality and potential for abuse. However, there is ongoing research into the therapeutic use of psilocybin, and some states like Oregon are building frameworks to regulate its legal therapeutic use.
The movement to decriminalize psilocybin in the US has been influenced by the rapid legalization of cannabis and the belief that psychedelics can be a powerful tool in addressing mental health challenges. Proponents of decriminalization argue that psilocybin has shown promise in treating depression, anxiety, and post-traumatic stress disorder. On the other hand, critics of the movement caution that more research is needed to understand the risks and consequences of unrestricted use. As the legal landscape surrounding psilocybin evolves, it is likely that further changes in policy and public perception will occur.
In summary, while the use, sale, and possession of psilocybin are illegal under federal law in the US, there has been a growing trend towards decriminalization at the state and local levels. These decriminalization efforts reflect a complex interplay between evolving social attitudes, scientific research, and the potential therapeutic benefits of psilocybin. As more jurisdictions explore regulatory frameworks for therapeutic use, the legal status of psilocybin in the US may continue to shift.
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Decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA
Decriminalization efforts for psychedelics in the United States have largely focused on psilocybin mushrooms, also known as "magic mushrooms". As of August 2024, these efforts have not included synthetic psychedelics such as lysergic acid diethylamide (LSD) and 3,4-methylenedioxymethamphetamine (MDMA). While there has been some movement towards the decriminalization of these synthetic substances, it has been limited in scope and has faced significant opposition.
The push to decriminalize psychedelics in the US began in 2019, with Denver, Colorado, becoming the first city to decriminalize psilocybin mushrooms. Since then, numerous other cities and states have followed suit, with Oregon becoming the first state to decriminalize psilocybin and legalize its supervised use. However, efforts to decriminalize synthetic psychedelics like LSD and MDMA have been less successful.
One reason for the exclusion of synthetic psychedelics from decriminalization efforts may be the perception that they are more dangerous or addictive than natural psychedelics like psilocybin. Synthetic psychedelics have long been associated with recreational drug use and the counterculture movement of the 1960s, which may contribute to a stigma surrounding their use. Additionally, there may be a lack of understanding or appreciation of the therapeutic potential of synthetic psychedelics, which have been shown to be effective in treating mental health conditions such as post-traumatic stress disorder (PTSD) and depression.
Another factor influencing the exclusion of synthetic psychedelics from decriminalization efforts could be the regulatory and legislative challenges involved. Decriminalizing or legalizing these substances would require navigating complex federal and state laws, as well as addressing concerns from law enforcement and public health officials. Furthermore, the pharmaceutical industry may also play a role, as the development and distribution of synthetic psychedelics for therapeutic use would likely involve different considerations than those for natural psychedelics.
Despite these challenges, there have been some recent developments in the decriminalization of synthetic psychedelics. In November 2020, New Jersey Senator Nicholas Scutari added an amendment to a marijuana decriminalization bill that included the decriminalization of LSD. Additionally, the Food and Drug Administration (FDA) has approved trials for MDMA as a treatment for PTSD, and there is ongoing research into the therapeutic potential of these substances. While the focus of decriminalization efforts has primarily been on psilocybin mushrooms, it is possible that as more states legalize or decriminalize psychedelics, the conversation around synthetic psychedelics like LSD and MDMA will also evolve.
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Frequently asked questions
Decriminalization is not the same as legalization. Decriminalization means that law enforcement will not prioritize prosecuting people for possessing or using magic mushrooms. However, magic mushrooms remain illegal under federal law.
As of 2025, magic mushrooms have been decriminalized in various cities and states across the US, including Denver, Colorado; Washington, D.C.; Seattle, Washington; Olympia, Washington; Tacoma, Washington; Oregon; and certain cities in California, such as Oakland, Santa Cruz, and San Francisco. Outside of the US, magic mushrooms are legal in Jamaica and in the form of truffles in the Netherlands.
There is a growing body of scientific research highlighting the therapeutic and medicinal potential of psychedelics, which has helped to increase legal and political support for decriminalization. Proponents of decriminalization argue that psychedelics can be a powerful tool to help people struggling with mental health issues and addiction.
