Laura Smith
Magic mushrooms, or psilocybin mushrooms, have been illegal in most countries since the 1970s. The United Nations developed the Convention on Psychotropic Substances in 1971, an international treaty to prohibit the production, distribution, and consumption of psilocybin mushrooms. Since then, over 180 countries have supported the treaty, and national drug laws have been amended to reflect its terms. However, the enforcement of these laws has varied, and some jurisdictions have started to decriminalize or legalize psilocybin mushrooms for medicinal or therapeutic purposes.
| Characteristics | Values |
|---|---|
| Reason for ban | Magic mushrooms contain the Schedule I drugs psilocybin and psilocin. |
| Date of ban | 1971 |
| Nations involved | More than 180 countries |
| Treaties involved | United Nations Convention on Psychotropic Substances, United States Psychotropic Substances Act, UK Misuse of Drugs Act 1971, Canadian Controlled Drugs and Substances Act |
| Current status | Still illegal in most countries, but some have decriminalized or legalized for medical or adult use |
| Reform efforts | Oregon and Colorado have legalized for medical use, more than a dozen cities in the US have decriminalized, and there are ongoing reform efforts in other states |
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What You'll Learn
The Nixon administration's War on Drugs
In June 1971, US President Richard Nixon declared a "war on drugs", stating that drug abuse was "public enemy number one". This declaration was made amidst Nixon's reelection campaign, with drug control as a centerpiece. The "war on drugs" was a US effort in the 1970s to combat illegal drug use by increasing penalties, enforcement, and incarceration for drug offenders.
Nixon's administration took several steps to further this agenda. They formed the Office of Drug Abuse Law Enforcement (ODALE) in 1971, which began orchestrating drug raids across the nation to improve the administration's reputation in this area. Additional federal drug agents were provided, and a "no-knock" power was instituted, allowing entry into homes without warning to prevent the destruction of evidence.
In 1973, Nixon created the Drug Enforcement Administration (DEA) through an executive order accepted by Congress. The DEA was a merger of ODALE, the Bureau of Narcotics and Dangerous Drugs, and the Office of Narcotics Intelligence, with the aim of consolidating federal efforts to control drug abuse. The DEA was tasked with enforcing controlled substances laws and regulations, coordinating with various agencies, and overseeing legally produced controlled substances.
The "war on drugs" has had a disproportionately negative impact on Black and Latinx communities. While rates of drug use and sales are similar across racial and ethnic lines, people of color are much more likely to be targeted by law enforcement for stops, searches, arrests, and harsh sentencing. This has resulted in mass incarceration, with almost 500,000 people in prison for nothing more than a drug law violation.
In recent years, there has been a shift towards recognizing drug use as a public health issue rather than a criminal problem. States like Oregon and Colorado have led the way in decriminalizing psilocybin mushrooms, and more than 36 psychedelics-related bills have been introduced across over a dozen states. Additionally, a growing number of states are decriminalizing and legalizing cannabis, with 17 states having already legalized it.
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The 1970 Controlled Substances Act
On October 27, 1970, psilocybin and psilocin were classified as Schedule I drugs under the Controlled Substances Act, a section of the Comprehensive Drug Abuse Prevention Act. Schedule I drugs are considered illicit and are claimed to have no therapeutic benefit. The Act was an amendment to the federal Food, Drug and Cosmetic Act, which was passed in July 1965 and came into effect in February 1966. This amendment was intended to regulate the unlicensed possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs.
Since the 1970s, over 180 countries have supported the UN treaty, and most national drug laws have been amended to reflect its terms. However, the mushrooms containing the drug were not specifically included in the convention, largely due to pressure from the Mexican government. Psilocybin mushrooms have had numerous medicinal and religious uses in many cultures throughout history, and they have a significantly lower potential for abuse than other Schedule I drugs.
While the 1970 Controlled Substances Act and subsequent legislation have made psilocybin mushrooms illegal in most countries, there is a growing movement to decriminalize and legalize their use. In 2020, Oregon voters passed a ballot initiative that made "magic mushrooms" legal for mental health treatment in supervised settings. In 2021, several cities in Massachusetts and Michigan also decriminalized the possession of entheogenic plants, including psilocybin mushrooms. In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, and in 2023, Australia approved psilocybin for use in prescription medications for PTSD and treatment-resistant depression.
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The 1971 Convention on Psychotropic Substances
The treaty was established in response to the increasing use of stimulants and the inability of existing conventions to regulate these substances internationally. The Commission on Narcotic Drugs, under the Economic and Social Council (ECOSOC), was tasked with addressing the issue. As a result, a draft convention was prepared and sent to all UN member states, leading to the creation of the 1971 Convention.
The convention has four schedules of controlled substances, with Schedule I being the most restrictive and Schedule IV the least restrictive. While the text of the convention does not provide specific criteria for each schedule, it does include a list of psychotropic substances and their corresponding schedules. The treaty is not self-implementing, and individual countries must pass their own laws to enforce it.
Since the 1970s, over 180 countries have pledged support for the treaty, and many have passed legislation to implement or exceed its requirements. Examples include the UK Misuse of Drugs Act 1971, the US Psychotropic Substances Act, and the Canadian Controlled Drugs and Substances Act. However, the enforcement of these laws varies, and some jurisdictions have specific exemptions for psilocybin mushroom spores.
Despite the international ban, there have been recent moves to decriminalize and legalize psilocybin mushrooms for medicinal and therapeutic purposes. For instance, Oregon and Colorado in the US, Alberta in Canada, and Australia have all made moves to allow the use of psilocybin for medicinal or therapeutic purposes. Additionally, there are ongoing efforts in California to legalize the possession and distribution of specified quantities of psilocybin. These developments suggest a potential shift in the legal status of psilocybin mushrooms in the future.
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The Right to Try Act
The use of psilocybin mushrooms, commonly known as "magic mushrooms", is illegal in most countries. Psilocybin and psilocin, the psychedelic compounds found in these mushrooms, are listed as Schedule I drugs under the United Nations' 1971 Convention on Psychotropic Substances. This classification indicates that these substances have a high potential for abuse and no recognised medical use. However, there have been recent efforts to decriminalise and legalise psilocybin mushrooms in some jurisdictions for medicinal or therapeutic purposes.
In the United States, the Right to Try Act was passed by Congress and signed by President Trump in 2018. This legislation affords citizens with life-threatening conditions the right to use experimental drugs, including psilocybin, as long as the drug has completed Phase 1 clinical trials and remains under investigation. Psilocybin has been designated as a "breakthrough therapy" by the Federal Drug Administration (FDA), and advocates argue that it can provide relief from anxiety and depression in dying patients. Protests have been held outside the Drug Enforcement Administration (DEA) headquarters by supporters of citizens' right to try psilocybin, and activists have been arrested for demanding access to psilocybin for terminally ill patients.
While the Right to Try Act is a step forward, there are still challenges and limitations to accessing psilocybin for therapeutic use. The Drug Enforcement Administration (DEA) has been accused of delaying and denying access to psilocybin, despite its potential benefits for palliative care and the treatment of mental health conditions. Protests and petitions have been organised to demand better access and to reschedule psilocybin from a Schedule I to Schedule II drug, reflecting its lower potential for abuse compared to other Schedule I substances.
In addition to the Right to Try Act, there have been other efforts to decriminalise and legalise psilocybin mushrooms in the United States. Some cities and states, such as Denver, Colorado, Oregon, and Ann Arbor, Michigan, have passed legislation to decriminalise or deprioritise enforcement of laws related to psilocybin mushrooms. These local reforms have been driven by grassroots movements and psychedelic researchers, and they provide valuable opportunities to study the administration of psychedelics outside of clinical and underground settings. Furthermore, the Food and Drug Administration (FDA) granted psilocybin "breakthrough therapy" status for research in 2018 and 2019, recognising its potential beneficial use in treating treatment-resistant depression and nicotine dependence.
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Local reform legislation
The use, sale, and possession of psilocybin in the United States are illegal under federal law. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms". Magic mushrooms are illegal in almost every country due to the Convention on Psychotropic Substances, an international treaty developed in 1971 by the United Nations to prohibit the production, distribution, and consumption of psilocybin mushrooms and other psychedelic substances.
However, there have been some developments in local reform legislation in the United States, with more than a dozen cities decriminalizing or deprioritizing the enforcement of laws against psilocybin mushrooms in recent years. In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. The law prohibits Denver from spending any resources prosecuting individuals for their use or possession. It applies to adults over the age of 21, and psilocybin remained illegal in the rest of Colorado until the passing of Proposition 122 in November 2022. In June 2019, the city council of Oakland, California, unanimously voted to decriminalize the drug. In January 2020, Santa Cruz, California, voted to decriminalize the adult possession and cultivation of psilocybin, although the commercial sale is still illegal. In September 2020, the City Council of Ann Arbor, Michigan, voted in favor of a resolution to decriminalize entheogenic plants and fungi, including psilocybin mushrooms.
In November 2020, Oregon voters passed two ballot initiatives to legalize the supervised adult use of psilocybin (Measure 109) and decriminalize it (Measure 110). In November 2022, Colorado became the second US state to decriminalize psilocybin mushrooms. In 2024, Massachusetts voters rejected a law that would have legalized the possession and personal cultivation of certain naturally occurring psychedelics for people over the age of 21. In the same year, a bill was introduced in New York State that would allow people 18 and older to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors. Since the start of the 2025 legislative session, more than 36 psychedelics-related bills have been introduced across over a dozen states.
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Frequently asked questions
The Convention on Psychotropic Substances, an international treaty developed in 1971, banned the production, distribution, and consumption of psilocybin mushrooms and other psychedelic substances.
The Nixon administration’s decision to ban magic mushrooms and other psychedelics in the US in 1970 was allegedly politically motivated. John Ehrlichman, Nixon’s former domestic policy advisor, claimed that the War on Drugs was an attempt to target the president’s political enemies, including the antiwar left and black people.
As of 2024, psychedelics including psilocybin mushrooms remain illegal in most countries. Notable exceptions include parts of Central Africa (Equatorial Guinea, Cameroon and Republic of the Congo), South Africa, Australia, the Bahamas, Brazil, the British Virgin Islands, Canada, the Czech Republic, Costa Rica, Israel, Jamaica, Mexico, Nepal, the Netherlands, Panama, Peru, Portugal, Samoa, Spain, Switzerland and the United States.
In 2020, Oregon became the first state to legalise psilocybin for mental health treatment in supervised settings. Colorado followed with a similar measure in 2022. Several cities in the US have also decriminalised psilocybin mushrooms, including Denver, Oakland, Santa Cruz, Ann Arbor, and Detroit. In 2023, Australia approved the use of psilocybin in prescription medications for the treatment of treatment-resistant depression. Canada has also been expanding access to psychedelic substances, with the province of Alberta announcing in 2022 that it would regulate and allow the use of psilocybin for medicinal purposes.
