John Miller
The use, sale, and possession of psilocybin mushrooms, commonly known as magic 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, with advocates drawing parallels to the rapid legalization of cannabis. As of 2025, only two states, Oregon and Colorado, have successfully decriminalized psilocybin and established a regulatory system for adult use. Several other states, including California, Washington, New York, and Maryland, are exploring similar measures or conducting research into the therapeutic benefits of psilocybin.
| Characteristics | Values |
|---|---|
| States where psilocybin is decriminalized | Oregon, Colorado, District of Columbia, Washtenaw County (Michigan), Somerville (Massachusetts), Cambridge (Massachusetts), Olympia (Washington), Tacoma (Washington) |
| States where psilocybin is legal for therapeutic use | Colorado, Oregon |
| States with bills to legalize psilocybin | California, New Jersey, New York, Washington |
| States with task forces or funded research into psilocybin | Texas, Utah, Washington, Maryland |
| States with pending legislation for additional psilocybin research | Arizona, Minnesota, Nevada |
| States with cities that have decriminalized psilocybin | Ann Arbor (Michigan), Oakland (California), Seattle (Washington), Arcata, San Francisco, Santa Cruz |
| States with cities that have decriminalized psilocybin and other psychedelics | Denver (Colorado) |
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What You'll Learn
- Psilocybin mushrooms are illegal under federal law in the US
- Denver, Colorado was the first US city to decriminalise psilocybin mushrooms
- Oregon was the first US state to decriminalise psilocybin
- California has a bill pending to legalise possession, obtaining, giving away, or transporting psilocybin
- Psilocybin spores are legal to sell and possess in some areas
Psilocybin mushrooms are illegal under federal law in the US
Psilocybin mushrooms, commonly known as "magic mushrooms", are illegal under federal law in the US. They are classified as a Schedule I controlled substance, which means that they are deemed to have no medicinal benefit and a high potential for abuse and addiction. The possession and use of psilocybin mushrooms are prohibited under federal law, and can result in large fines and prison sentences. However, smaller-scale offences are often handled at the state level, and penalties vary from state to state.
While psilocybin mushrooms are illegal federally, the legal status of psilocybin mushrooms varies at the state level, with some states having decriminalised or legalised their use. In November 2020, Oregon became the first state to decriminalise psilocybin and legalise it for supervised adult use. Colorado followed suit in 2022, legalising psilocybin for medical use and decriminalising its possession and use. Several cities within states have also taken steps to decriminalise psilocybin mushrooms, including Denver, Colorado; Oakland, Santa Cruz, San Francisco, and Arcata, California; Somerville, Cambridge, Northampton, and Easthampton, Massachusetts; Seattle, Washington; Ann Arbor, Washtenaw County, and Detroit, Michigan; Minneapolis, Minnesota; and Portland, Maine.
The movement to decriminalise or legalise psilocybin mushrooms is gaining momentum in the US, with advocates citing research that suggests the drug has a low potential for abuse and could have beneficial uses in treating mental health conditions such as treatment-resistant depression, nicotine dependence, anxiety, and post-traumatic stress disorder. However, some have criticised the movement as premature, arguing that more research is needed to understand the potential risks and consequences of unrestricted use.
Despite the changing legal landscape, it is important to note that the sale, possession, and cultivation of psilocybin mushrooms remain illegal in many states, and penalties for these offences can be severe. In states like Indiana, Iowa, Mississippi, and Missouri, the penalties for possession, sale, or cultivation of psilocybin mushrooms can include hefty fines or imprisonment.
While the legal status of psilocybin mushrooms is evolving, it is crucial to stay informed about the specific laws and regulations in your state or jurisdiction. It is also important to recognise that, even in decriminalised areas, psilocybin mushrooms may still be illegal under federal law, and their use should be approached with caution and responsibility.
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Denver, Colorado was the first US city to decriminalise psilocybin mushrooms
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. The move was the result of a local ballot initiative, Proposal 301, which was passed with a slim majority of 50.6% of the vote. This initiative instructed law enforcement to make the investigation and arrest of adults who use or possess psilocybin mushrooms one of their lowest priorities. While the use and possession of psilocybin are still technically illegal under both Colorado state law and federal law, the passage of this initiative represented a significant shift in policy and public opinion.
The decriminalization of psilocybin in Denver set a precedent and sparked further discussions across the country about the potential therapeutic benefits of psychedelics. Psilocybin has been the subject of numerous clinical trials and studies examining its efficacy in treating mental health conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD). By reducing the penalties associated with psilocybin, Denver's decision opened the door for further research and exploration of the potential benefits of this substance.
The initiative was driven by a group of activists and advocates who collected enough signatures to get the measure on the local ballot. The campaign emphasized the potential therapeutic benefits of psilocybin and framed the issue as one of personal freedom and sensible drug policy. The success of the initiative in a relatively conservative state like Colorado also demonstrated the growing support for drug policy reform across the political spectrum.
Following Denver's lead, several other cities and states have since taken steps towards decriminalizing or legalizing psilocybin mushrooms. In 2020, Oregon became the first state to legalize psilocybin for therapeutic use, and cities like Washington, D.C., and Cambridge, Massachusetts, have also passed measures to decriminalize the substance. These changes reflect a broader trend towards rethinking drug policies and exploring alternative approaches to mental health treatment.
The decriminalization of psilocybin mushrooms in Denver has had several practical effects. Law enforcement officials have largely followed the spirit of the initiative, and there has been a significant reduction in arrests and prosecutions related to psilocybin possession. Additionally, the city has seen the emergence of a growing community of advocates, researchers, and practitioners exploring the potential benefits of psilocybin through educational events, support groups, and underground therapy sessions.
While the decriminalization of psilocybin in Denver is a landmark step forward, it is important to note that the status of psilocybin and other psychedelics remains complex and nuanced. Efforts to decriminalize or legalize psilocybin often face opposition and concerns about potential misuse or negative consequences. As the conversation around psilocybin and other psychedelics continues to evolve, further research, education, and thoughtful policy development will be crucial to shaping the future of these substances in society.
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Oregon was the first US state to decriminalise psilocybin
Psilocybin, commonly known as "magic mushrooms", is federally classified as a Schedule I controlled substance in the United States. It is considered to have "no accepted medical use and a high potential for abuse". Despite this, there has been a growing movement advocating for the decriminalization of psilocybin, largely inspired by the rapid legalization of cannabis.
In May 2019, Denver, Colorado, became the first city in the United States to take a step towards decriminalization by passing an initiative that prohibited the city from using any resources to prosecute people for the use or possession of psilocybin mushrooms. Following this, several other cities, including Oakland, Santa Cruz, and Ann Arbor, also voted to decriminalize psilocybin.
Then, in November 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for supervised non-medical use through the passing of Ballot Measure 109. This measure allows adults aged 21 and older to use psilocybin in the presence of a trained therapist for personal development. It is important to note that Measure 109 does not give "magic mushrooms" the same legal status as cannabis but instead permits their storage and administration at licensed facilities. Another measure, Measure 110, was also passed in Oregon, which decriminalized the possession of small amounts of drugs, including psychedelic mushrooms.
Oregon's move towards decriminalization has sparked a ""psychedelic renaissance", with several other states following suit in easing drug laws. In November 2020, the District of Columbia passed Initiative 81, which decriminalized the use of magic mushrooms and other psychedelic substances. In November 2022, Colorado became the second state to decriminalize psilocybin mushrooms, and in October 2023, Massachusetts received approval to pursue a ballot initiative for the 2024 elections to legalize psychedelics.
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California has a bill pending to legalise possession, obtaining, giving away, or transporting psilocybin
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". In the United States, it is federally classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
Despite this, there are some states that have decriminalized or legalized the use of psilocybin. In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. This was followed by Oakland, California, in June 2019, Santa Cruz, California, in January 2020, and Washtenaw County, Michigan, in January 2021. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize it for supervised non-medical use.
California has been at the forefront of the movement to decriminalize psilocybin. In June 2021, the California State Senate approved a bill to legalize the possession, obtaining, giving away, or transporting of specified quantities of psilocybin and other psychedelics. The bill, known as SB 58, was passed by the Senate in May 2023 and is currently in committee in the California State Assembly. If enacted into law, the bill would remove criminal penalties for possessing or sharing psilocybin mushrooms and other psychedelics for adults 21 and older. It would also allow licensed clinical counselors to administer controlled substances, including psilocybin, to veterans for the treatment of post-traumatic stress disorder (PTSD), traumatic brain injury, or addiction.
The bill has faced some opposition and has undergone amendments since its original proposal. For example, language regarding record sealing and resentencing provisions for people previously convicted of psychedelics possession offenses was removed in an amendment. Additionally, the bill no longer includes a provision mandating a study to explore future reforms, as it was deemed unnecessary given the existing volume of research.
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Psilocybin spores are legal to sell and possess in some areas
Psilocybin, the main active ingredient in psychedelic mushrooms, is a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse and no recognized medical uses. However, the legal status of unauthorized actions with psilocybin mushrooms varies worldwide, and there has been ambiguity in many national, state, and provincial drug laws.
In the United States, the use, sale, and possession of psilocybin are illegal under federal law, and it is federally classified as a Schedule I controlled substance. However, some states and cities have decriminalized psilocybin or are working towards it. For example, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in 2019, and Colorado became the second state to legalize psychedelic drug use in 2022. Other states that have decriminalized or legalized psilocybin include Oregon, California, Michigan, Massachusetts, and Washington.
While the movement to decriminalize and legalize psilocybin mushrooms gains momentum, it is important to note that psilocybin spores, which do not contain the drug, are legal to possess and sell in many areas, including some US states. However, jurisdictions that have specifically criminalized the possession of psilocybin mushroom spores include Germany, California, Georgia, and Idaho. The legality of psilocybin spores in other areas remains ambiguous, and an underground economy for the sale of spores and cultivation materials has emerged.
As the legal landscape surrounding psilocybin mushrooms continues to evolve, it is essential to stay informed about the specific laws and regulations in your jurisdiction. The interactive maps provided by Psychedelic Alpha and the UC Berkeley Center for the Science of Psychedelics can be helpful tools to stay updated on the shifting legal status of psilocybin and other psychedelics in different states and localities within the United States.
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Frequently asked questions
As of 2025, Oregon, Colorado, and Washington have decriminalized psilocybin mushrooms.
States that are considering decriminalizing psilocybin mushrooms include Texas, Utah, New York, and Washington.
Advocates for decriminalizing psilocybin mushrooms point to the growing body of research that suggests psychedelic substances are effective in treating mental health issues such as depression, anxiety, and addiction.
Psilocybin mushrooms are illegal under federal law in the United States and are classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse." However, individual states have the power to decriminalize and legalize their use, as seen in Oregon and Colorado.
