Michael Davis
The use, sale, and possession of psilocybin mushrooms, commonly known as magic mushrooms, are illegal under federal law in the United States. However, as of 2025, two states, Oregon and Colorado, have legalized psilocybin, and several other states and cities have decriminalized it or are actively moving toward decriminalization. These include Washington, New Mexico, Michigan, Massachusetts, and cities such as Denver, Oakland, Ann Arbor, and Santa Cruz. The movement to decriminalize psilocybin has been influenced by the rapid legalization of cannabis and the growing scientific research highlighting the therapeutic benefits of psychedelics for mental health treatment.
| Characteristics | Values |
|---|---|
| States that have decriminalized psilocybin | Oregon, Colorado, Washington, District of Columbia, Michigan, Massachusetts |
| Cities that have decriminalized psilocybin | Denver, Oakland, Santa Cruz, Somerville, Cambridge, Easthampton, Northampton, Ann Arbor, Seattle, Tacoma |
| States with legislation in progress | Texas, Utah, Washington, Maryland, New Jersey, Rhode Island, Pennsylvania, New York, Massachusetts, New Mexico, New Hampshire |
| States/cities with specific prohibitions on sale and possession of psilocybin mushroom spores | California, Georgia, Idaho |
| States that have ruled growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance | New Mexico, New Hampshire |
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What You'll Learn
- Denver, Colorado became the first US city to decriminalize psilocybin mushrooms in 2019
- Oregon was the first US state to decriminalize and legalize psilocybin in 2020
- Washington state reduced penalties for personal use and possession of psilocybin in 2021
- New Mexico ruled that growing psilocybin mushrooms does not count as manufacturing a controlled substance
- Oakland, California, decriminalized psilocybin mushrooms in 2019
Denver, Colorado became the first US city to decriminalize psilocybin mushrooms in 2019
In May 2019, Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms, also known as "magic mushrooms". The ballot initiative, also known as the "Psilocybin Mushroom Initiative", passed with a narrow margin of 50.6% of the vote. The initiative did not legalize mushrooms but prohibited Denver from spending resources to prosecute people for their use or possession. The law applies to adults over the age of 21.
The movement to decriminalize psilocybin in Denver was inspired by the rapid legalization of cannabis in the United States. Proponents of decriminalization argue that psilocybin has potential therapeutic benefits in treating various mental health concerns. Additionally, advocates argue that no one should be arrested or jailed for the possession or cultivation of any kind of mushroom.
While Denver was the first city to decriminalize psilocybin mushrooms, other cities and states have followed suit. In June 2019, Oakland, California, decriminalized psilocybin after 30 individuals testified to the city council about their positive experiences with the drug. In January 2020, Santa Cruz, California, voted to decriminalize the adult possession and cultivation of psilocybin. In November 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for supervised non-medical use.
Despite these changes, it is important to note that the use, sale, and possession of psilocybin are still illegal under federal law. Psilocybin is classified as a Schedule I controlled substance, indicating that it has a high potential for abuse and no accepted medical use. However, some states, including Oregon and Colorado, have issued licenses for medical-assisted use of psilocybin. As research on the therapeutic potential of psychedelics continues to grow, we can expect to see further changes in the legal landscape surrounding psilocybin decriminalization and legalization.
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Oregon was the first US state to decriminalize and legalize psilocybin in 2020
In November 2020, Oregon became the first US state to decriminalize and legalize psilocybin mushrooms, commonly known as "magic mushrooms", for supervised non-medical use. This came after the Ballot Measure 109, also known as the Psilocybin Mushroom Services Program Initiative, passed with 56.12% of the vote. The measure allows regulated use of psychedelic mushrooms in a therapeutic setting and creates a two-year period for working out regulatory details, including the qualifications required of therapists who oversee the use of psilocybin. Oregon's move to decriminalize and legalize psilocybin was influenced by similar efforts in cities like Oakland, Denver, and Washington, DC, which had already taken steps towards decriminalization.
Prior to Oregon's statewide action, there were various efforts and discussions around the decriminalization and legalization of psilocybin at the city and state levels across the US. For example, in May 2019, Denver, Colorado, became the first city in the US to decriminalize psilocybin mushrooms, followed by Oakland, California, in June 2019. In January 2020, Santa Cruz, California, voted to decriminalize the adult possession and cultivation of psilocybin. Additionally, there were discussions and proposals for legislation in states like Iowa, Vermont, and New York.
The push for decriminalization and legalization of psilocybin in Oregon and other parts of the US is driven by several factors. One factor is the growing scientific research highlighting the therapeutic and medicinal potential of psychedelics, including psilocybin. Proponents of psilocybin legalization point to initially promising results in using psilocybin to treat anxiety, depression, and addiction. Additionally, the failure of the current mental healthcare system in Oregon to meet the needs of thousands of residents contributed to the decision to explore alternative therapeutic options.
It's important to note that despite the decriminalization and legalization efforts, the use, sale, and possession of psilocybin in the United States remain illegal under federal law. Psilocybin is classified as a Schedule I controlled substance, indicating it has "no accepted medical use and a high potential for abuse." However, there are a few states, like New Mexico and New Hampshire, that provide limited exceptions for psilocybin use. New Mexico's Court of Appeals ruled in 2005 that growing psilocybin mushrooms for personal use does not constitute "manufacturing a controlled substance." In New Hampshire, the qualified religious use of psilocybin is protected under the state constitution.
While Oregon was the first state to take this step towards decriminalization and legalization of psilocybin, other states and cities have continued to explore similar measures. In November 2022, Colorado passed a similar measure for medical use and decriminalization. Additionally, in October 2023, Massachusetts received approval to pursue a ballot initiative for the 2024 elections, seeking to legalize psychedelics, including the home cultivation of entheogenic plants and fungi. The ongoing developments across the US indicate a shifting legal landscape surrounding psilocybin and other psychedelics.
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Washington state reduced penalties for personal use and possession of psilocybin in 2021
Psilocybin, a naturally occurring hallucinogenic drug found in certain mushroom species, is classified as a Schedule I substance under the Controlled Substance Act. This means it has a high potential for abuse with no federally accepted medical exceptions. Despite this, some states are researching its usefulness for mental health treatment.
In 2021, Washington state reduced penalties for personal use and possession of psilocybin. The cities of Port Townsend and Seattle have both placed psilocybin use as the lowest priority for law enforcement. In January 2025, the City Council in Tacoma, Washington, decriminalized natural psychedelics containing tryptamines, phenethylamines, and indolamines.
In November 2020, Oregon became the first U.S. state to decriminalize psilocybin and legalize it for supervised non-medical use. In November 2022, Colorado became the second state to legalize medical psilocybin treatments. Clinics are expected to start offering these treatments by the end of 2024. As of August 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA.
In May 2019, Denver, Colorado, became the first city in the U.S. to decriminalize psilocybin mushrooms. The initiative did not legalize mushrooms but prohibited Denver from using any resources to prosecute people for their use or possession. The law applies to adults over 21, and psilocybin remained illegal in Colorado until the passing of Proposition 122 in November 2022.
In January 2020, Santa Cruz, California, voted to decriminalize the adult possession and cultivation of psilocybin. The commercial sale of psilocybin is still illegal. In June 2019, Oakland, California, decriminalized psilocybin. Other cities that have decriminalized or deprioritized the enforcement of psilocybin include Washtenaw County, Michigan; Somerville, Cambridge, and Northampton, Massachusetts; Seattle, Washington; Arcata, California; Detroit, Michigan; and Ferndale, Michigan.
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New Mexico ruled that growing psilocybin mushrooms does not count as manufacturing a controlled substance
In the United States, the use, sale, and possession of psilocybin are illegal under federal law. Psilocybin is a psychedelic drug naturally produced by some mushrooms, commonly known as "magic mushrooms". It is classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
Despite the federal law, some states and cities have loosened regulations on psilocybin or are actively moving toward decriminalization. In 2005, New Mexico's Court of Appeals ruled in the case of State of New Mexico vs David Ray Pratt that growing psilocybin mushrooms for personal use does not count as "manufacturing a controlled substance" under state law. This ruling set a precedent for the legal status of psilocybin mushrooms in New Mexico, distinguishing between the act of growing the mushrooms and the intent to manufacture and distribute them.
Following New Mexico's ruling, other states and cities have made strides toward decriminalizing psilocybin mushrooms. In May 2019, Denver, Colorado, became the first city in the US to decriminalize psilocybin mushrooms, with 50.6% of voters in favor. This initiative did not legalize mushrooms but prevented Denver from using resources to prosecute people for their use or possession. In June 2019, Oakland, California, followed suit, with the city council unanimously voting to decriminalize psilocybin and peyote.
In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use. The District of Columbia also passed Initiative 81, known as the Entheogenic Plant and Fungus Policy Act of 2020, which decriminalized psilocybin drugs and made arrests for possession or use the lowest priority for police. Washtenaw County, Michigan, took similar action in the same month.
As of 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA. However, states like Massachusetts, Washington, and Rhode Island are pushing for ballot initiatives to legalize and decriminalize psychedelics, including psilocybin mushrooms. The movement for decriminalization is gaining momentum, with increasing scientific research highlighting the therapeutic and medicinal potential of psychedelics.
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Oakland, California, decriminalized psilocybin mushrooms in 2019
In the United States, psilocybin, the active compound in psychedelic mushrooms, is classified as a Schedule I controlled substance, making it illegal under federal law. However, there has been a growing movement to decriminalize psilocybin, and in June 2019, Oakland, California, joined this movement by decriminalizing psilocybin mushrooms.
The push for decriminalization in Oakland was driven by the testimonies of 30 individuals who shared their prior experiences with psilocybin with the city council. Following these personal accounts, the council voted unanimously to decriminalize the drug, along with peyote. This decision was part of a broader trend in California, with other cities like Santa Cruz also taking steps to decriminalize entheogenic plants and fungi.
The decriminalization of psilocybin mushrooms in Oakland means that law enforcement will not prioritize prosecuting individuals for possession or use. Instead, they will focus on other, more pressing concerns. This shift in policy reflects a recognition of the potential benefits of these substances, including their use in treating stress, suicidality, and opioid dependence.
While Oakland's decision is a significant step forward, it is important to note that psilocybin mushrooms remain illegal in California under state law. The decriminalization efforts in Oakland and other cities represent a growing movement to change how these substances are perceived and regulated, with advocates drawing parallels to the rapid legalization of cannabis.
As of 2025, several other cities and states in the US have also moved towards decriminalizing psilocybin mushrooms, including Denver, Colorado; Santa Cruz, California; Washington, D.C.; Somerville, Cambridge, and Northampton, Massachusetts; Seattle, Washington; and Portland, Maine. Additionally, Oregon became the first state to decriminalize psilocybin and legalize its supervised use in 2020. These developments highlight the evolving legal landscape surrounding psilocybin and a growing interest in exploring its therapeutic potential.
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Frequently asked questions
As of 2025, Oregon, Colorado, and the District of Columbia have decriminalized psilocybin mushrooms. Cities that have decriminalized psilocybin mushrooms include Denver, Oakland, Santa Cruz, Ann Arbor, Detroit, Hazel Park, Somerville, Cambridge, Easthampton, Northampton, Olympia, and Tacoma.
States that are considering decriminalizing psilocybin mushrooms include California, New Jersey, Texas, Utah, Washington, Rhode Island, New York, and Pennsylvania.
Some states are decriminalizing psilocybin mushrooms due to the growing body of research indicating their therapeutic benefits for mental health conditions such as PTSD, anorexia, chronic pain, fibromyalgia, addiction, and depression.
