Emma Wilson
The legal status of psilocybin mushrooms, also known as magic mushrooms, varies across the United States. While the federal law prohibits the use, sale, and possession of psilocybin, some states have enacted legislation to decriminalize or legalize its use for medical or therapeutic purposes. Oregon was the first state to legalize psilocybin for supervised non-medical use in 2020, followed by Colorado in 2022. Several other states, including California, New Mexico, and New York, are also pursuing legislation to decriminalize or regulate the use of psilocybin mushrooms. The changing legal landscape reflects evolving attitudes and increasing research into the therapeutic benefits of psilocybin for treating mental health conditions.
| Characteristics | Values |
|---|---|
| States where psilocybin is legal | Oregon, Colorado |
| States with measures to decriminalize psilocybin | California, Washington, New Mexico, New Hampshire, Maine, Michigan, Denver, Oakland, Seattle |
| States with measures to legalize psilocybin | California, Colorado, New Mexico, New Jersey, Massachusetts |
| States with task forces or funded research into medical use of psilocybin | Texas, Utah, Washington, Maryland |
| States with specific laws criminalizing possession of psilocybin mushroom spores | California, Georgia, Idaho |
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What You'll Learn
Psilocybin is illegal under federal law, but state laws vary
Psilocybin, the substance found in 'magic mushrooms', is illegal under federal law in the United States. It is classified as a Schedule I controlled substance, which means it has ""no accepted medical use and a high potential for abuse". The drug was banned by the 1970 Controlled Substances Act, and the federal law that specifically banned psilocybin and psilocin was enacted in 1968.
However, state laws vary, and in some places, psilocybin is legal or decriminalized and can be used for medicinal or therapeutic purposes. In November 2020, Oregon became the first U.S. state to decriminalize psilocybin and also legalize it for supervised non-medical use. In 2022, Colorado became the second state to decriminalize psilocybin and, in 2023, legalized medical psilocybin treatments. In 2021, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act, which decriminalized psilocybin drugs, making arrests for their possession or use a low priority for police.
Other states are also considering reforms to their legislation. In 2023, lawmakers in eleven states were pursuing psychedelics reform legislation. In 2022, a bill was proposed in New York State that would allow people 18 and older to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors. In 2025, New Mexico’s governor signed a bill to establish a therapeutic psilocybin program in the state. In 2021, Texas, Utah, and Washington state set up task forces or funded research into the medical use of psilocybin, and Maryland created a $1 million fund to study alternative treatments, including psychedelics, for PTSD or traumatic brain injury. Cities including Ann Arbor, Michigan; Denver, Colorado; Oakland, California; and Seattle, have passed measures that essentially decriminalize psilocybin mushrooms.
The legal status of psilocybin mushrooms may change soon in many parts of the country, as various states have already introduced bills to legalize medical and therapeutic psilocybin use. However, it is important to note that even in states that may put a regulatory system in place, this would not include the use of psilocybin in a medical setting. Furthermore, the commercial sale of psilocybin is still illegal, and criminal penalties apply for commercial activity.
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Oregon was the first state to legalize psilocybin for medical use
In the United States, the use, sale, and possession of psilocybin are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by some mushrooms, commonly known as "magic mushrooms". It is classified as a Schedule I controlled substance, deemed to have no medicinal benefit and a high potential for abuse and addiction. However, the legal status of psilocybin varies from state to state, and some places have decriminalized or legalized its use for medicinal or therapeutic purposes.
The legalization of psilocybin in Oregon is part of a growing trend of psychedelic reform across the United States. Multiple cities, including Ann Arbor, Michigan, and Denver, Colorado, have also taken steps toward decriminalization or legalization. In April 2025, New Mexico's governor signed a bill to establish a therapeutic psilocybin program, and Colorado has implemented a similar medical use and decriminalization measure.
The push for psychedelic reform is driven by increasing scientific research highlighting the therapeutic and medicinal potential of psilocybin. Studies have shown that psilocybin can effectively treat severe depression, post-traumatic stress disorder (PTSD), anxiety, addiction, and end-of-life anxiety in the terminally ill. As a result, lawmakers in eleven states pursued psychedelics reform legislation for the 2023 session, and more states are expected to follow suit in the coming years.
While Oregon has led the way in legalizing psilocybin for medical use, it is important to note that the commercial sale of psilocybin is still illegal. The state is in the process of developing the regulatory framework for the production and sale of psilocybin mushrooms. This includes training and certifying facilitators to guide individuals through the therapeutic use of psilocybin.
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Other states are reviewing bills to change legislation
The legal status of psilocybin mushrooms is complex and varies across different jurisdictions. While psilocybin is illegal under federal law in the United States, the legal landscape is evolving, with some states reviewing and changing their legislation.
California
California has been at the forefront of efforts to decriminalize psilocybin mushrooms. In September 2023, the California Senate passed Senate Bill 58, which would have decriminalized the possession and use of small amounts of psilocybin for adults aged 21 and above. However, this bill was vetoed by the governor, who called for therapeutic guidelines to be included in future legislation. A similar bill was introduced in the California State Legislature, aiming to legalize the possession, obtaining, giving away, or transportation of specified quantities of psilocybin mushrooms. The bill is currently in committee in the California State Assembly, undergoing review and discussion before a final decision is made.
New York
In May 2024, a bill was introduced by New York State Representative Amy Paulin. This bill proposes that individuals aged 18 and older can undergo a health screening, take an educational course, and pass a test to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors. This approach aims to balance access with education and responsible use.
Massachusetts
In November 2024, Massachusetts voters rejected a proposed law that would have legalized the possession and personal cultivation of certain naturally occurring psychedelics, including psilocybin mushrooms, for individuals over the age of 21. This decision indicates a more cautious approach to psilocybin legalization in the state.
Washington
Washington state has shown interest in exploring the therapeutic potential of psilocybin. Sen. Jesse Salomon sponsored a bill to establish a regulatory system for psilocybin, similar to the one in Oregon. While the bill did not advance, lawmakers allocated funds for a task force to study the issue, recognizing the need for further research and discussion. Washington state has also reduced state penalties for personal use and possession of Schedule I substances, including psilocybin, indicating a move toward decriminalization.
New Mexico
New Mexico has a unique legal stance on psilocybin mushrooms. The state's Court of Appeals ruled that growing psilocybin mushrooms for personal use does not constitute "manufacturing a controlled substance." Additionally, New Mexico's governor signed a bill to establish a therapeutic psilocybin program, recognizing the potential benefits of psilocybin for therapeutic and medical use.
The ongoing review and introduction of bills in these states reflect a growing interest in reevaluating the legal status of psilocybin mushrooms. As research into the therapeutic benefits of psilocybin expands, the legal landscape is likely to continue evolving, with potential decriminalization or regulated legalization in certain states.
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Psilocybin spores are legal to possess in many areas
Psilocybin, the substance found in 'magic mushrooms', is illegal in the United States under federal law. It is classified as a Schedule I controlled substance, deemed to have no medicinal benefit and a high potential for abuse and addiction. However, the legal status of psilocybin varies at the state level, and some states are pushing for reform.
While spores are legal in some places, the mushrooms themselves are illegal in most US states. However, some states have decriminalized psilocybin mushrooms, including Oregon, Colorado, and Washington. In these states, law enforcement agencies are less likely to prosecute individuals for possession, and penalties are reduced or removed. Other states, such as California, are considering similar measures.
The legal status of psilocybin mushrooms is changing as research into the therapeutic benefits of the substance grows. For example, in 2020, Oregon voters approved a ballot measure to legalize psilocybin for mental health treatment in supervised settings. This move towards decriminalization and legalization is also occurring in other countries, such as Canada, where the province of Alberta has regulated psilocybin for medicinal use.
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The District of Columbia has decriminalized psilocybin
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, deemed to have no medicinal benefit and a high potential for abuse and addiction. However, the District of Columbia has taken steps to decriminalize psilocybin, joining a growing movement across the nation to re-evaluate the legal status of psychedelic substances.
In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect on March 15, 2021. The initiative decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline. This means that arrests for possession or use of these substances became the lowest priority for the DC police. The initiative received overwhelming support from DC voters, with about 76% approving the measure.
The push for decriminalization in the District of Columbia was led by Melissa Lavasani, a city government employee who used microdoses of psychedelic mushrooms to aid her recovery from postpartum depression. Lavasani's experience reflects a growing body of research suggesting that psilocybin can be beneficial in treating mental health conditions such as treatment-resistant depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. Decriminalization advocates also 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.
The District of Columbia is not alone in its decision to decriminalize psilocybin. Other jurisdictions, including Denver, Oakland, Santa Cruz, and Ann Arbor, had already taken similar steps. Additionally, Oregon and Colorado have gone even further, becoming the first states to legalize psilocybin for supervised non-medical use. These developments signal a shift in attitudes and policies towards psychedelic substances, driven by increasing scientific research into their therapeutic potential and a growing recognition of their historical use as healing and spiritual tools.
While the District of Columbia has decriminalized psilocybin, it is important to note that the commercial sale of psilocybin remains illegal. Additionally, the legal status of psilocybin varies across different states and localities, with some places legalizing or decriminalizing it for therapeutic or medicinal purposes. As research and public opinion continue to evolve, the legal landscape surrounding psilocybin and other psychedelics is likely to remain dynamic and subject to change.
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Frequently asked questions
Yes, magic mushrooms are illegal in the US. However, certain areas and jurisdictions have slowly been decriminalizing the possession and use of psilocybin.
Oregon was the first state to decriminalize magic mushrooms in 2020. Colorado followed suit in 2022. In 2025, Colorado State Regulators issued the first sets of licenses for medical-assisted use of magic mushrooms.
Many cities across the US have decriminalized the possession and personal use of psilocybin. These include Denver, Oakland, Santa Cruz, Ann Arbor, Seattle, Somerville, Cambridge, Northampton, and many more.
Yes, many states are pursuing psychedelics reform legislation. These include California, New York, Massachusetts, New Mexico, and Hawaii.
