Emma Wilson
The use, sale, and possession of psilocybin, a compound found in psychedelic mushrooms, are illegal under federal law in the United States. However, in recent years, there has been a growing movement to decriminalize and legalize psilocybin at the state and local levels. In May 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms, and since then, several other cities and states have followed suit. As of 2025, psilocybin is legal in the states of Oregon and Colorado, and cities like Washington, DC, and Somerville, Massachusetts, have also decriminalized or legalized the substance. This shift in policy has been accompanied by an increase in calls to poison control centers related to psilocybin, particularly among young people, highlighting the importance of ongoing research and policy development in this area.
| Characteristics | Values |
|---|---|
| States that have decriminalized psychedelic mushrooms | Oregon, Colorado, Washington, District of Columbia |
| Cities that have decriminalized psychedelic mushrooms | Denver, Ann Arbor, Oakland, Seattle, Somerville, Cambridge |
| States with task forces or funded research into the medical use of psilocybin | Texas, Utah, Washington, Maryland |
| States with pending legislation to legalize psilocybin | California, Connecticut, Illinois, Massachusetts |
| States that have specifically prohibited the sale and possession of psilocybin mushroom spores | California, Georgia, Idaho |
| States where growing psilocybin mushrooms is not considered "manufacturing a controlled substance" | New Mexico |
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What You'll Learn
- Denver, Colorado became the first US city to decriminalize psilocybin mushrooms in 2019
- Oregon became the first US state to decriminalize psilocybin in 2020
- The District of Columbia decriminalized psilocybin in 2021
- Olympia, Washington, decriminalized psilocybin mushrooms in 2024
- Colorado became the second US state to decriminalize psilocybin in 2022
Denver, Colorado became the first US city to decriminalize psilocybin mushrooms in 2019
Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms in May 2019, after a ballot initiative won with 50.6% of the vote. This move was the result of a grassroots movement that emerged in response to the growing scientific research highlighting the therapeutic and medicinal potential of psychedelics.
Psilocybin is a Schedule I controlled substance under federal law, deemed to have no medicinal benefit and a high potential for abuse and addiction. However, advocates for decriminalization have cited research indicating that psilocybin is non-addictive and causes a low number of emergency visits compared to other illegal drugs. Furthermore, psilocybin has shown potential in treating treatment-resistant depression, nicotine dependence, PTSD, anorexia, chronic pain, fibromyalgia, and addiction.
The decriminalization of psilocybin in Denver means that law enforcement agencies are less likely to prosecute individuals for possession, and penalties are significantly reduced or removed. This move reflects a shift in attitudes and evidence regarding the use of psilocybin, with an increasing number of states reviewing bills to change legislation.
Since Denver's decriminalization of psilocybin in 2019, other states and cities have followed suit. In November 2020, Oregon became the first US state to decriminalize and legalize psilocybin for supervised non-medical use. The District of Columbia also passed Initiative 81 in November 2020, decriminalizing psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline. In January 2021, Washtenaw County, Michigan, decriminalized psilocybin mushrooms, and the City Council of Somerville, Massachusetts, voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms. As of August 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA.
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Oregon became the first US state to decriminalize psilocybin in 2020
In November 2020, Oregon became the first US state to decriminalize psilocybin, also known as "magic mushrooms", and legalize it for supervised adult use. This came after the Ballot Measure 109 passed with 55.8% voter approval. The measure allows regulated use in a therapeutic setting and creates a two-year period for working out regulatory details, such as the qualifications required of therapists overseeing treatment. Oregon's decision came amidst a growing body of research suggesting that psilocybin is non-addictive and causes a low number of emergency visits compared to other illegal drugs.
Prior to Oregon's statewide decriminalization, several cities across the US had already taken steps to reduce penalties for psilocybin possession and use. In May 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms after a ballot initiative. This was followed by similar measures in cities such as Oakland, Washington, DC, Ann Arbor, Michigan, and Santa Cruz, California.
The push for decriminalization at the state and local levels has been influenced by the rapid legalization of cannabis across the US and the increasing recognition of the therapeutic benefits of psilocybin. Proponents of decriminalization argue that redirecting law enforcement resources away from policing private psychedelic usage will enable a greater focus on higher-priority issues affecting the general public, such as violent crime.
While Oregon led the way in decriminalizing psilocybin at the state level, other states have since followed suit. In October 2023, Massachusetts for Mental Health Options received approval to pursue a ballot initiative for the 2024 elections, seeking to legalize psychedelics, including the home cultivation of entheogenic plants and fungi. On August 13, 2024, the City Council in Olympia, Washington, decriminalized plant-based hallucinogens, including psilocybin mushrooms, and on January 28, 2025, the City Council in Tacoma, Washington, followed suit.
Despite the growing momentum for decriminalization, concerns remain about the potential impact of widespread psilocybin use. Some communities in Oregon have proposed banning the substance over worries regarding its effects on users and possible community consequences. Additionally, critics argue that more research is needed to understand the potential risks and benefits of psilocybin before making it widely available.
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The District of Columbia decriminalized psilocybin in 2021
The District of Columbia, also known as Washington, D.C., decriminalized psilocybin in 2021. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". In the United States, it is federally classified as a Schedule I controlled substance, meaning it has "no accepted medical use and a high potential for abuse".
The decriminalization of psilocybin in the District of Columbia came about through Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020. The initiative passed with overwhelming support, receiving approval from about 76% of voters. It went into effect on March 15, 2021, and decriminalized natural psychedelics, including magic mushrooms, ayahuasca, and mescaline.
The passage of Initiative 81 in Washington, D.C. was part of a growing movement across the United States to decriminalize psilocybin and other psychedelic substances. This movement has been influenced by the rapid legalization of cannabis and the increasing recognition of the therapeutic and medicinal potential of psychedelics. As of 2024, decriminalization efforts have primarily focused on natural psychedelics, such as those derived from plants and fungi, rather than synthetic psychedelics like LSD and MDMA.
The decriminalization of psilocybin in the District of Columbia means that arrests for possession or use of these substances will be among the lowest priorities for DC police. This shift in law enforcement priorities is intended to redirect resources towards higher-priority issues affecting the general public, such as violent crime. Additionally, advocates for decriminalization cite research suggesting that psilocybin is non-addictive and causes a relatively low number of emergency visits compared to other illegal drugs.
The District of Columbia joined other jurisdictions in the nation that had already taken steps towards decriminalizing psychedelics, including Denver, Colorado; Oakland, California; Santa Cruz, California; and Ann Arbor, Michigan. As of 2025, several other cities and states have continued to advance psychedelic reform legislation, with varying approaches ranging from low enforcement priority to state-wide legalization of specific psychedelics.
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Olympia, Washington, decriminalized psilocybin mushrooms in 2024
On August 13, 2024, the City Council in Olympia, Washington, decriminalized plant-based hallucinogens, including psilocybin mushrooms. The resolution was unanimously approved by the Olympia City Council and made the enforcement of psilocybin-related investigations, arrests, and prosecutions the lowest priority for law enforcement within the city limits. This means that while the use and possession of psilocybin mushrooms remain illegal, it will not be a felony crime, and police will not actively seek out and charge individuals for it. The resolution also does not permit the commercial manufacturing or sale of psilocybin mushrooms.
The decision to decriminalize psilocybin mushrooms in Olympia was influenced by several factors. Firstly, advocates for decriminalization have cited research suggesting that psilocybin is non-addictive and leads to a relatively low number of emergency room visits compared to other illegal drugs. Additionally, research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression, anxiety, nicotine dependence, and PTSD. Decriminalization advocates also argued that redirecting law enforcement's attention and resources away from policing private psychedelic usage would allow them to focus on higher priorities affecting the general public, such as violent crimes.
The decriminalization of psilocybin mushrooms in Olympia is part of a growing trend in the United States towards the legalization and decriminalization of psychedelics. As of 2024, states such as Oregon, Colorado, and Washington, D.C., have already decriminalized psilocybin mushrooms, with Oregon also legalizing it for supervised non-medical use. Additionally, cities like Seattle, Port Townsend, and Ann Arbor, Michigan, have passed measures to decriminalize psilocybin mushrooms. The increasing support for decriminalization is driven by the growing body of scientific research highlighting the therapeutic and medicinal potential of psychedelics, as well as the rapid legalization of cannabis in the country.
While the decriminalization of psilocybin mushrooms in Olympia represents a significant shift in policy, it is important to note that the use and possession of psilocybin mushrooms remain illegal under federal law in the United States. Psilocybin is classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse." However, there is a growing movement advocating for the decriminalization and legalization of psilocybin, and it is likely that more states and cities will follow suit in the coming years as public opinion and policy continue to evolve on this issue.
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Colorado became the second US state to decriminalize psilocybin in 2022
In 2022, Colorado became the second US state to decriminalize psilocybin, otherwise known as \"magic mushrooms", following a similar move by Oregon in 2020. The use, sale, and possession of psilocybin are illegal under US federal law, and it is classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
In November 2022, Colorado voters passed Proposition 122, the Natural Medicine Health Act, which decriminalized the personal possession and use of psilocybin and established a regulated access program for psychedelics. This move was the result of a growing movement to decriminalize and legalize psilocybin, which has gained momentum in recent years, particularly in Denver, Colorado, and Oregon. Denver became the first city in the US to decriminalize psilocybin in 2019, and grassroots movements have been pushing for similar measures across the country.
The push for decriminalization is based on several factors. Firstly, advocates for decriminalization cite research suggesting that psilocybin is non-addictive and causes a low number of emergency visits compared to other illegal drugs. Secondly, there is increasing recognition of the potential beneficial uses of psilocybin in treating mental health conditions such as treatment-resistant depression, anxiety, PTSD, and addiction. This has led to a growing body of scientific research on the therapeutic and medicinal potential of psychedelics, which has, in turn, increased legal and political support for decriminalization. Additionally, decriminalization advocates argue that redirecting law enforcement's attention and resources away from policing private psychedelic usage will allow them to focus on higher priorities affecting the general public, such as violent crime.
While Colorado and Oregon have led the way in decriminalizing psilocybin, other states are also considering similar measures. For example, Texas, Utah, and Washington have set up task forces or funded research into the medical use of psilocybin, and Maryland has created a $1 million fund to study alternative treatments, including psychedelics, for PTSD and traumatic brain injuries in veterans. Furthermore, ballot initiatives to legalize psilocybin are underway in California and Colorado, and the president of the New Jersey Senate introduced a bill to legalize psilocybin to treat certain disorders. Several cities, including Ann Arbor, Michigan; Denver, Colorado; Oakland, California; and Seattle, have also passed measures that essentially decriminalize psilocybin mushrooms, further indicating the shifting legal landscape surrounding psychedelics in the United States.
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Frequently asked questions
Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in May 2019.
Oregon became the first U.S. state to legalize psychedelic mushrooms in November 2020.
Colorado, Washtenaw County in Michigan, Somerville and Cambridge in Massachusetts, and Olympia and Tacoma in Washington have decriminalized psychedelic mushrooms.
California, Texas, Utah, Washington, and New Jersey are some states that are likely to legalize psychedelic mushrooms.
