Mushroom Legalization: Which State Took The Plunge?

what state passed mushrooms

The use of psilocybin mushrooms, commonly known as magic mushrooms, has been decriminalized in several US cities and states. In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. Since then, other cities and states have followed suit, including Oregon, which became the first state to decriminalize psilocybin and legalize its supervised use. In March 2025, Colorado issued the first sets of licenses for medical-assisted use, and New Mexico approved a therapeutic psilocybin program. While the legalization and decriminalization of psilocybin mushrooms have gained momentum, concerns have been raised about the increase in calls to poison control centers related to psilocybin, particularly among adolescents and young adults.

Characteristics Values
States that have decriminalized magic mushrooms Oregon, Maine, Colorado, Washington, District of Columbia, and cities like Denver, Oakland, Santa Cruz, Cambridge, Northampton, and Somerville
States with pending legislation California, Massachusetts, New York
States with research initiatives Connecticut, Texas, New Mexico, New Hampshire
Status under federal law Illegal, classified as a Schedule I controlled substance with high potential for abuse and no accepted medical use
Status internationally Varies, e.g., illegal in Germany since 1998, regulated for medicinal use in the Canadian province of Alberta since January 2023, approved for prescription use in Australia
Health effects Hallucinations, altered perceptions, anxiety, paranoia, psychosis, nausea, lack of coordination, suicidal ideation
Legality of spores Legal in most states, including Alaska, Arizona, and Georgia, but criminalized in California, Idaho, and Germany

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Oregon decriminalised magic mushrooms in 2020

In November 2020, Oregon became the first U.S. state to decriminalize psilocybin, the main active ingredient in "magic mushrooms". Oregon voters passed a ballot measure (Measure 109) that not only decriminalized psilocybin but also legalized its supervised non-medical use for adults 21 and older. This measure was backed by chief petitioners Sheri and Thomas Eckert, who advocated for it as a "valid therapeutic option" for thousands of people. The measure allows regulated use of psychedelic mushrooms in a therapeutic setting, creating a two-year period for the Oregon Health Authority to develop rules for implementation.

The passage of Measure 109 is part of a larger trend of states easing restrictions on drugs, often referred to as the "psychedelic renaissance." This trend includes the decriminalization of psilocybin in cities like Denver, Colorado, in 2019, and the legalization of psilocybin for medicinal use in the Canadian province of Alberta in 2022.

While the legalization of psilocybin in Oregon represents a significant shift in drug policy, it is important to note that magic mushrooms themselves are not banned in the U.S.—it is their active ingredients, psilocybin and psilocin, that are classified as Schedule I controlled substances under federal law. This means that individual states have the power to supersede federal laws and legalize or decriminalize magic mushrooms for recreational or medicinal use.

In Oregon, Measure 109 specifically allows for the legal access to psilocybin in supervised settings for mental health treatment. This measure does not change the legal status of magic mushrooms to match that of cannabis, but rather enables the storage and administration of psilocybin at licensed facilities. Additionally, Measure 110, which passed alongside Measure 109, further demonstrates Oregon's progressive approach to drug policy by decriminalizing the possession of small amounts of drugs, including psychedelic mushrooms, heroin, and cocaine.

While Oregon has taken a pioneering step in decriminalizing psilocybin, it is not without its critics. Some, like American author Michael Pollan, argue that the push for decriminalization is premature, as researchers are still working to understand the immense power and potential risks of these substances. Pollan acknowledges the low risks associated with psilocybin use but highlights that nearly eight percent of people required psychiatric treatment after experiencing a bad trip.

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Colorado followed with a similar measure in 2022

In the United States, psilocybin, the naturally occurring hallucinogenic drug found in certain species of mushrooms, is classified as a Schedule I substance under the Controlled Substance Act. This means that it has a high potential for abuse and no federally accepted medical use. However, in recent years, there has been a growing movement to decriminalize psilocybin, also known as "magic mushrooms", in certain states and cities across the country.

In 2022, Colorado became the second state to decriminalize psilocybin mushrooms and legalize their medical use, following a similar measure passed in Oregon in 2020. Proposition 122, passed in November 2022, legalized medical psilocybin treatments in Colorado, with clinics expected to start offering these treatments by the end of 2024. While the personal possession of small amounts has been decriminalized, criminal penalties still apply for commercial activity.

The push for decriminalization in Colorado began in May 2019 when Denver became the first city in the United States to decriminalize psilocybin mushrooms. The ballot initiative, which passed with 50.6% of the vote, prohibited Denver from using resources to prosecute people for the use or possession of psilocybin. This was followed by Oakland, California, in June 2019, and Santa Cruz, California, in January 2020, which both decriminalized the adult possession and cultivation of psilocybin, although the commercial sale remained illegal.

The decriminalization of psilocybin in Colorado and other states has been driven by advocates who argue for the medicinal benefits of the drug. Studies have shown that psilocybin can significantly reduce depressive symptoms and has therapeutic benefits for mental health treatment. However, it is important to note that psilocybin is still technically illegal in the United States, and its legalization or decriminalization varies across different states and cities. While some states have loosened regulations or introduced bills to legalize medical use, others have not made any legal changes and continue to prohibit the possession and use of psilocybin.

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Maine decriminalised magic mushrooms in 2021

In June 2025, Maine became the third state to decriminalize small amounts of "magic mushrooms" for personal use. The bill, which was introduced by Rep. Grayson Lookner, D-Portland, allows Maine residents to possess up to 1 ounce of psilocybin mushrooms for personal use. The House of Representatives endorsed the bill in a close 70-69 vote, followed by a similarly tight 17-16 vote in the Senate.

The bill's passage was a significant milestone for advocates, who have long argued for the potential medical benefits and low toxicity of psilocybin. They have also pointed to the rapid legalization of cannabis in the United States as a precedent for decriminalizing psilocybin. However, opponents of the bill, including the Democratic governor's administration and the Maine Drug Enforcement Agency, have raised concerns about the lack of quality control and potential risks associated with the use of magic mushrooms.

Prior to Maine's statewide decriminalization, several cities in the United States had already taken steps toward decriminalizing psilocybin mushrooms. In May 2019, Denver, Colorado, became the first city to do so, followed by Oakland and Santa Cruz, California, in June 2019 and January 2020, respectively. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use, although much of this measure was repealed in 2024.

While the decriminalization movement has gained momentum, it is important to note that psilocybin mushrooms remain illegal under federal law and are classified as a Schedule I controlled substance. Additionally, as of August 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA. Despite this, an increasing number of studies support the medicinal use of magic mushrooms, and their legal status may continue to evolve in the future.

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Denver, Colorado, decriminalised in 2019

In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms, commonly known as "magic mushrooms". The ballot initiative was passed with 50.6% of the vote. This initiative did not legalize mushrooms but prohibited Denver from using resources to prosecute people for their use or possession. The law applies to adults over the age of 21.

The decriminalization of psilocybin mushrooms in Denver was the result of a grassroots movement, "Decriminalize Denver", led by Kevin Matthews, who had experienced severe depression at West Point Military Academy. Matthews credits his first experience with psychedelic mushrooms as helping him recover from his depression. The movement was also influenced by the state's history of progressive drug policy, including the legalization of marijuana in 2012, and the success of ballot initiatives in the state.

The initiative in Denver sparked a wave of similar efforts across the United States, with nearly 100 cities considering measures to decriminalize psilocybin by November 2019. In June 2019, Oakland, California, followed suit, and in January 2020, Santa Cruz, California, and the state of Vermont introduced decriminalization measures. Oregon became the first state to decriminalize psilocybin in November 2020, followed by Colorado in 2022.

While the decriminalization of psilocybin mushrooms in Denver and other jurisdictions represents a shift in drug policy, it is important to note that the use, sale, and possession of psilocybin are still illegal under federal law in the United States. However, there is growing support for the medicinal use of psilocybin, and an increasing number of studies back this up.

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Santa Cruz, California, decriminalised in 2020

In January 2020, Santa Cruz became the third city in California to decriminalize psilocybin mushrooms, following Oakland and Berkeley. The Santa Cruz City Council unanimously voted to decriminalize the adult possession and cultivation of psilocybin mushrooms, making the enforcement of laws against their personal possession and use a low priority for law enforcement. The commercial sale of psilocybin mushrooms, however, remains illegal.

The decriminalization of psilocybin mushrooms in Santa Cruz is part of a growing movement across the United States to change the legal status of psychedelic substances. Proponents of decriminalization argue that these substances can be safely used for therapeutic and medicinal purposes. As of 2024, decriminalization efforts have focused on naturally occurring psychedelics, excluding synthetic substances such as LSD and MDMA.

The movement to decriminalize psilocybin in the United States gained momentum in 2019, with Denver, Colorado, becoming the first city to decriminalize the substance. In the same year, Oakland, California, followed suit, and in 2020, Santa Cruz joined a growing list of cities advocating for change. The efforts of activists and researchers have played a significant role in shaping public opinion and influencing policymakers.

While Santa Cruz and other cities have taken steps toward decriminalization, the legal status of psilocybin mushrooms in the United States remains complex. At the federal level, psilocybin is classified as a Schedule I controlled substance, carrying severe legal penalties for possession and use. However, individual states have the power to supersede federal laws, and an increasing number of states are considering legislation to decriminalize or legalize psilocybin mushrooms for medicinal or recreational use.

As of 2025, Oregon, Colorado, and the District of Columbia have taken steps toward decriminalization, and over 36 psychedelics-related bills have been introduced across more than a dozen states. These legislative efforts reflect a shift in public perception and a growing recognition of the potential therapeutic benefits of psilocybin mushrooms. However, it is important to note that the legalization and decriminalization are distinct concepts, with the former implying a complete removal of criminal penalties and the latter referring to a reduction in penalties or a lower priority for law enforcement.

Frequently asked questions

In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. However, Oregon was the first state to legalize medical psilocybin treatment in 2020.

Decriminalization refers to something ceasing to be considered a crime or minimizing penalties for certain acts ordinarily considered criminal. Legalization, on the other hand, refers to removing criminal penalties for a particular act.

As of 2025, psilocybin mushrooms are illegal in most parts of the US. However, Oregon, Colorado, and Maine have decriminalized magic mushrooms. Cities like Oakland, Santa Cruz, Cambridge, Northampton, and Somerville have also decriminalized possession.

Advocates for decriminalization point to the rapid legalization of cannabis in the US and the potential therapeutic and medical benefits of psilocybin. Some argue that no one should be arrested or jailed for possessing or cultivating mushrooms. Research has shown that psilocybin can significantly reduce depressive symptoms.

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