Laura Smith
Psilocybin mushrooms, also known as magic mushrooms, are illegal in the United States under federal law. However, the legal status of psilocybin mushrooms is evolving at the state level, with an increasing number of states introducing bills to decriminalize and legalize the substance for medical and therapeutic use. As of 2022, Colorado has become the second state to decriminalize psilocybin mushrooms, following a similar move by Denver in 2019. Other cities that have decriminalized psilocybin include Oakland and Santa Cruz in California, as well as Somerville, Cambridge, and Northampton in Massachusetts. In addition, New Mexico has ruled that growing psilocybin mushrooms for personal use does not qualify as manufacturing a controlled substance. These developments reflect a growing movement to decriminalize and legalize psilocybin mushrooms for their potential therapeutic benefits in treating mental health conditions.
| Characteristics | Values |
|---|---|
| States that allow psilocybin mushrooms for medical use | Colorado, Oregon, New Mexico, Rhode Island |
| States that have decriminalized psilocybin mushrooms | Colorado, Oregon, District of Columbia, California (Oakland, Santa Cruz), Massachusetts (Somerville, Cambridge, Northampton) |
| States with bills introduced to legalize medical and therapeutic psilocybin use | California |
| States with bills introduced to decriminalize psilocybin | Rhode Island |
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What You'll Learn
Oregon was the first state to decriminalize psilocybin
The movement to decriminalize psilocybin in the United States began in 2019 when Denver, Colorado, became the first city to decriminalize the substance. Oakland and Santa Cruz, California, followed soon after. In 2021, three cities in Massachusetts—Somerville, Cambridge, and Northampton—also decriminalized psilocybin mushrooms.
In Oregon, the decriminalization of psilocybin means that the enforcement of its illegality is a low priority for law enforcement. This does not legalize psilocybin but prohibits the state from using resources to prosecute people for its use or possession. The same is true for Denver, Colorado, where a ballot initiative passed with 50.6% of the vote in May 2019.
In addition to Oregon and Colorado, other states are considering or have introduced legislation to decriminalize psilocybin. For example, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, allowing the possession and non-profit distribution of psilocybin mushrooms. California, Rhode Island, and New Mexico have also introduced bills to decriminalize psilocybin, with New Mexico ruling that growing psilocybin mushrooms does not qualify as "manufacturing a controlled substance."
The legal status of psilocybin mushrooms is evolving in the United States, with an increasing number of states considering decriminalization and legalization for medical and therapeutic purposes. As more studies support the potential benefits of psilocybin, the momentum for legal and policy reform is likely to continue.
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Colorado followed suit, decriminalizing in 2022
In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, following a similar move by Oregon in 2020. The reform initiative, Proposition 122, was passed in November 2022 by over 50% of voters and took effect on January 4, 2023, at the latest.
The initiative removed criminal penalties for the possession, growing, and sharing of psilocybin and four other psychedelics (psilocin, dimethyltryptamine (DMT), ibogaine, and mescaline) for personal use by those aged 21 and over. However, federal prohibitions on psilocybin remain in Colorado, meaning that people caught using or selling the substance could still face consequences from federal authorities such as the Drug Enforcement Agency.
The decriminalization of psilocybin in Colorado is limited to medical use and does not include recreational dispensaries. Instead, psilocybin will be largely confined to licensed businesses and therapy sessions with licensed facilitators. This follows a growing body of research in recent years indicating the therapeutic benefits of psilocybin in treating depression, anxiety, post-traumatic stress disorder (PTSD), and addiction.
The movement to decriminalize psilocybin in the United States began in Denver, Colorado, in May 2019, when the city became the first in the country to decriminalize the substance. The ballot initiative, which prohibited Denver from using resources to prosecute individuals for the use or possession of psilocybin mushrooms, passed with 50.6% of the vote.
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Washington state has reduced penalties for possession
Psilocybin mushrooms, also known as "magic mushrooms", are illegal under federal law in the United States. However, state laws vary, and some places have decriminalized or legalized psilocybin for medicinal or therapeutic purposes. While Washington state has not legalized psilocybin mushrooms, there is a growing movement of advocates pushing for drug law reforms to decriminalize the substance. In February 2021, a grassroots campaign called Decriminalize Spokane introduced an initiative to decriminalize personal possession of up to 6 ounces of dried mushrooms for individuals over 21. Additionally, in October 2021, the City Council of Seattle, Washington, voted unanimously to deprioritize enforcing entheogen prohibition, indicating a shift towards reduced penalties for possession.
The movement to decriminalize psilocybin in the United States has gained momentum in recent years, with several cities and states taking steps towards reduced penalties for possession. In May 2019, Denver, Colorado became the first city to decriminalize psilocybin mushrooms, prohibiting the use of resources to prosecute people for their use or possession. Since then, other cities in states like California, Massachusetts, and the District of Columbia have followed suit, passing initiatives to decriminalize or deprioritize enforcement of psilocybin possession.
In terms of legalization, Oregon became the first state in 2020 to decriminalize the possession of all drugs for personal use, including psilocybin mushrooms. While possession and use may be decriminalized in certain jurisdictions, the cultivation and sale of psilocybin mushrooms are still considered drug manufacture and are often severely penalized. However, New Mexico has ruled that growing psilocybin mushrooms for personal use does not constitute "manufacturing a controlled substance" under state law.
The push for decriminalization and legalization of psilocybin mushrooms is driven by a growing body of research highlighting its therapeutic potential. In 2018, the Food and Drug Administration designated psilocybin as a 'breakthrough therapy', opening up avenues for further research and studies into its treatment potential for various conditions, including depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. As more evidence of its benefits emerges, we may see a shift in legislation across the United States, with Washington state seemingly on a path towards reduced penalties for possession and potential decriminalization.
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California has a bill to legalize psilocybin in committee
Psilocybin, commonly known as "magic mushrooms", is a hallucinogenic substance that is illegal in the United States under federal law. However, state laws vary, and some states have decriminalized or legalized psilocybin for medicinal or therapeutic purposes.
In California, there have been several efforts to legalize or decriminalize psilocybin. In 2024, an initiative to decriminalize psilocybin failed to qualify for the ballot due to insufficient signatures. This was followed by Governor Gavin Newsom's veto of a bill that would have decriminalized natural psychedelics, including psilocybin.
Despite these setbacks, the California legislature has continued to explore the legalization of psilocybin. In 2023, a bill known as SB 58 passed the legislature and was sent to Governor Newsom's desk for consideration. SB 58 aims to remove criminal penalties for personal possession and use of natural psychedelics, including psilocybin, for individuals 21 years and older. If signed into law, the bill will not take effect until January 1, 2025.
Another bill, SB 751, sought to study the use of psilocybin for mental health treatments for veterans and first responders. However, this bill was halted by the California Senate Appropriations Committee due to concerns about the potential risks and the legalization of psychedelic drugs.
Currently, some cities in California, such as Santa Cruz and Oakland, have already decriminalized psilocybin mushrooms. These local efforts reflect a growing movement towards decriminalization and legalization of psilocybin in the state and across the country.
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New York has a bill to allow adults to obtain a permit
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". However, state laws vary, and in some places, psilocybin is legal or decriminalized for medicinal purposes.
In New York, a bill has been introduced to legalize psilocybin for adults who obtain permits. The bill, known as NY State Assembly Bill 2025-A2142, allows for the growth, cultivation, and regulated adult use of psilocybin for the treatment of certain health conditions. The bill provides for the certification of support service providers and the licensure of cultivators. Under this bill, adults would be able to obtain a psilocybin permit by taking a health screening and an educational course. This permit would authorize regulated activities within the state of New York, including the lawful acquisition of psilocybin for adult use through commercial transactions from licensed cultivators, cultivation of their own psilocybin-containing fungi, or receiving it as a non-commercial gift from another permit holder.
The bill is designed to establish legal access to psilocybin for New York State residents, with the state Department of Health regulating the program. The bill also specifies that psilocybin-containing mushrooms are not to be deemed a food or food product under the Agriculture and Markets Law. Additionally, psilocybin is not to be considered a "drug" for purposes of Article One Hundred Thirty-Seven of the Education Law, and it is not intended to be distributed through any pharmacy. The use, manufacture, delivery, sale, or distribution of psilocybin without authorization by a psilocybin permit or cultivator license would be considered a violation, with penalties including a $250 fine and up to 15 days in jail.
If passed, this bill would represent a significant step towards the legalization and regulation of psilocybin for adult use in the state of New York. It is worth noting that other states and cities in the US have also taken steps towards decriminalizing or legalizing psilocybin, including Colorado, California, Massachusetts, and the District of Columbia.
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Frequently asked questions
Oregon was the first state to decriminalize psilocybin mushrooms in November 2020, followed by Colorado in 2022. Several municipalities in California, including Oakland, Santa Cruz, San Francisco, and Berkeley, have also decriminalized psilocybin mushrooms.
Yes, Washington, D.C., and cities like Olympia and Tacoma in Washington State have decriminalized psilocybin mushrooms. Other states like California and Massachusetts are reviewing bills to change legislation.
Decriminalization typically refers to removing criminal penalties for possessing or using a substance, while legalization allows for regulated sale and purchase.
Oregon was the first state to legalize psilocybin for supervised non-medical use in November 2020. In November 2022, Colorado became the second state to vote to legalize medical psilocybin treatments.
Advocates for decriminalization argue that it redirects law enforcement resources from policing private psychedelic usage to higher priorities. Additionally, research suggests that psilocybin is non-addictive and has potential therapeutic benefits for treatment-resistant depression and nicotine dependence.
