Emily Johnson
Magic mushrooms, or psilocybin mushrooms, became illegal in the 1970s due to the United Nations Convention on Psychotropic Substances, an international treaty developed to prohibit the production, distribution, and consumption of psychedelic substances. The treaty, which has been adopted by over 180 countries, classifies psilocybin as a Schedule I drug with no currently accepted medical use and a high potential for abuse. While the mushrooms themselves were not specifically included in the convention due to pressure from the Mexican government, most national drug laws have since been amended to reflect the terms of the treaty, resulting in the prohibition of psilocybin mushrooms in many countries. However, there has been a recent push for decriminalization and legal therapeutic use of psilocybin mushrooms in some jurisdictions, with cities and states in the US, such as Denver, Colorado, and Oregon, leading the way.
| Characteristics | Values |
|---|---|
| Reason for banning mushrooms | Politics and public safety |
| Year when mushrooms became illegal | 1971 |
| Number of countries that have pledged support for the treaty | More than 180 |
| US states that have prohibited the sale and possession of psilocybin mushroom spores | California, Georgia, and Idaho |
| US state that ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance | New Mexico |
| US state that became the first jurisdiction in the world to decriminalize magic mushrooms | Oregon |
| US cities that have decriminalized magic mushrooms | Denver, Oakland, Santa Cruz, Ann Arbor, Detroit, Seattle |
| US states that have decriminalized psilocybin mushrooms | Colorado |
| Canadian province that allows the use of psilocybin for medicinal purposes | Alberta |
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What You'll Learn
The Nixon administration's War on Drugs
In 1971, President Richard Nixon declared a "war on drugs", stating that drug abuse was "public enemy number one". This declaration was made in the context of Nixon's reelection campaign, with drug control as a campaign centerpiece. The "war on drugs" involved increased funding for drug control agencies and drug treatment efforts, as well as stricter enforcement of drug laws and harsher penalties for drug offenders.
Nixon's administration took a militaristic tone in its anti-drug campaign, which was reflected in the media's coverage of his announcement. The Chicago Tribune proclaimed, "Nixon Declares War on Narcotics Use in US", while The Guardian in England headlined, "Nixon declares war on drug addicts". To carry out this war, Nixon formed the Office of Drug Abuse Law Enforcement (ODALE) in late 1971, which began orchestrating drug raids nationwide.
In 1973, Nixon created the Drug Enforcement Administration (DEA) through an executive order accepted by Congress. The DEA was tasked with enforcing controlled substances laws and regulations, coordinating with other agencies, and overseeing legally produced controlled substances. The creation of the DEA consolidated federal efforts to control drug abuse, as it absorbed the Bureau of Narcotics and Dangerous Drugs, ODALE, and other drug-related federal agencies.
While the "war on drugs" targeted drug abuse in general, there is evidence that it was also used as a tool to disrupt and oppress Nixon's political enemies, specifically the antiwar left and black communities. In a 1994 interview, John Ehrlichman, Nixon's former domestic policy advisor, stated that the administration knew they couldn't make it illegal to be against the war or black, but by associating hippies with marijuana and blacks with heroin, and then criminalizing these drugs heavily, they could "arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news."
The "war on drugs" has had devastating consequences, particularly for communities of color. While rates of drug use and sales are similar across racial and ethnic lines, Black and Latinx people are disproportionately impacted by drug enforcement and sentencing practices. They are much more likely to be stopped, searched, arrested, convicted, and harshly sentenced for drug offenses, leading to mass incarceration.
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International treaties and conventions
The use of magic mushrooms has been banned internationally for 50 years, largely due to the 1971 United Nations Convention on Psychotropic Substances. This treaty, developed by the United Nations, aimed to prohibit the production, distribution, and consumption of psilocybin mushrooms and other psychedelic substances. Psilocybin and psilocin, the active ingredients in magic mushrooms, are classified as Schedule I drugs under this convention, which means they are considered to have a high potential for abuse and no recognized medical uses.
Since the 1970s, over 180 countries have signed this treaty, pledging to restrict the use of psilocybin to medical and scientific research under strictly controlled conditions. However, the treaty does not explicitly prohibit the mushrooms containing psilocybin, and countries have some leeway in interpreting the treaty and creating their own laws. For example, in the United States, psilocybin was first regulated federally in 1965, and many countries have their own laws prohibiting the sale and possession of psilocybin mushrooms, such as the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act.
While the United Nations doesn't have the power to enforce the treaty on the streets of its member states, most national drug laws have been amended to reflect the terms of the convention. However, some countries have begun to reform their laws regarding psilocybin mushrooms, especially in light of growing scientific research on the therapeutic and medicinal potential of psychedelics. For instance, in 2020, the District of Columbia passed a bill allowing the possession and non-profit distribution of psilocybin mushrooms, and in 2022, Colorado became the second US state to decriminalize them. In 2023, Australia approved the use of psilocybin in prescription medications for treating PTSD and treatment-resistant depression. Additionally, in some countries, like Portugal and Spain, the possession of any drug for personal use has been decriminalized, although buying, selling, or trading them is still illegal.
The international community has also recognized the importance of protecting Indigenous knowledge and resources related to psychedelics. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits, created by the UN Environmental Program in 2010 and put into practice in 2014, aims to ensure that local communities benefit from the use of plants and substances endemic to their regions. However, countries like the United States, Canada, China, and Russia have not signed this agreement.
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Decriminalization and legalization efforts
The push to decriminalize and legalize psilocybin mushrooms is a relatively recent development, gaining momentum in the early 2000s. This movement advocates for a change in the legal status of psilocybin, the psychoactive compound found in magic mushrooms, which has been prohibited in most countries since the 1960s. Decriminalization and legalization efforts argue that psilocybin has therapeutic potential and can be used safely under proper supervision. They also emphasize individual freedom and the cultural significance of mushroom use in some indigenous traditions.
One of the pioneering efforts in this direction was the formation of the Multidisciplinary Association for Psychedelic Studies (MAPS) in 1986. MAPS is a non-profit research and educational organization that works to develop medical, legal, and cultural contexts for people to benefit from the careful uses of psychedelics and marijuana. They have played a significant role in funding research and advocating for the therapeutic use of psilocybin, particularly in the treatment of mental health disorders.
In terms of legal progress, the first significant step towards decriminalization occurred in the early 2000s. In 2002, the Supreme Court of Mexico ruled that the prohibition of mushrooms was unconstitutional, effectively decriminalizing their use and cultivation for personal consumption. This decision was influenced by the cultural significance of mushrooms in indigenous Mexican traditions, where they have been used ceremonially for centuries. However, the sale and distribution of mushrooms remain illegal in Mexico.
Following Mexico's lead, the city of Denver, Colorado, became the first jurisdiction in the United States to decriminalize psilocybin mushrooms in 2019. Through a citizen-led initiative, the possession and use of psilocybin by adults over 21 was made the lowest law enforcement priority, effectively ending criminal penalties for personal use and possession. This was followed by similar measures in a handful of other US cities, including Oakland, Santa Cruz, and Ann Arbor, where laws were changed to deprioritize criminal penalties for mushroom-related offenses.
In addition to decriminalization efforts, there have been some moves towards legalizing psilocybin for therapeutic use. In 2020, Oregon became the first US state to legalize the therapeutic use of psilocybin, with the passage of Measure 109. This measure allows for the regulated use of psilocybin in a therapeutic context for adults over 21, overseen by licensed facilitators. Similarly, in Canada, several cities have made strides towards legalization for therapeutic purposes, with some authorizing the use of psilocybin in end-of-life care and treating mental health issues.
These developments reflect a growing recognition of the potential benefits of psilocybin and a shift in public perception. However, it's important to note that the decriminalization and legalization landscape varies greatly by region, and psilocybin remains illegal under federal law in many countries, including the US and Canada. As research continues to explore the therapeutic potential of psilocybin, these decriminalization and legalization efforts are likely to shape the future of mushroom legality.
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Medical and therapeutic uses
The use of psilocybin mushrooms, often referred to as "magic mushrooms" or "shrooms", has been prohibited in most countries since the 1971 United Nations Convention on Psychotropic Substances. The treaty aimed to prohibit the production, distribution, and consumption of these mushrooms, which contain the drugs psilocybin and psilocin.
Despite this, mushrooms have been used for their medicinal and therapeutic properties for thousands of years. Here are some examples of their medical and therapeutic uses:
Reishi Mushrooms (Ganoderma lucidum/ling zhi/ling zhi)
Reishi mushrooms, also known as ling zhi or ling zhi, have been used in traditional Chinese medicine for centuries to promote well-being and longevity. They are often used as an adjuvant in the treatment of various types of cancer and have been shown to aid sleep and act as a potent immunomodulator. Polysaccharides in these mushrooms are associated with immune function, and they can also support respiratory health and balanced blood sugar levels.
Lion's Mane (Hericium erinaceus)
Lion's Mane mushrooms are used in Traditional Chinese Medicine (TCM) to support digestion, energy, and water regulation. In Japan, it is known as Yamabushitake and is used by Buddhist monks to increase their concentration during meditation. Additionally, it is used by TCM practitioners as a tonic for stress-related disorders and to boost energy.
Turkey Tail (Trametes versicolor)
Turkey Tail mushrooms are considered safe for long-term use and have been used in TCM to support digestion, lung health, body fluid regulation, and vitality. In Japan and China, a derivative of this mushroom is used to strengthen the immune system. It contains high amounts of beta-glucans, which are beneficial for maintaining a healthy immune system.
Antrodia cinnamomea (AC mushroom)
The AC mushroom, also known as erinacin C, is popular in Taiwan. It is known for its antineuroinflammatory and neuroprotective properties, which can be beneficial in reducing inflammation and protecting nerve cells.
Ganopoly and Immunlink MBG
These are nutraceutical products containing aqueous polysaccharide fractions derived from Reishi mushrooms. They are marketed as supplements to support immune function and overall health.
While the use of psilocybin mushrooms has been restricted, there is growing interest in the therapeutic and medicinal benefits of other mushroom species. Recent years have seen a resurgence in the use of mushrooms in functional medicine and holistic nutrition, with many people turning to mushroom supplements for their perceived health advantages.
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Enforcement and prosecution
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, which regulated the unlicensed "possession, manufacture, or sale of depressant, stimulant, and hallucinogenic drugs." The US was one of the first countries to prohibit psilocybin, but there is now a growing movement to decriminalize it, with advocates citing research that suggests the drug is non-addictive and causes a low number of emergency visits compared to other illegal drugs. As of 2025, more than a dozen cities nationwide have deprioritized or decriminalized psilocybin mushrooms, including Denver, Colorado, which became the first city to decriminalize psilocybin mushrooms in May 2019. Other cities that have followed include Oakland and Santa Cruz, California; Ann Arbor, Michigan; Washington, D.C.; Somerville, Massachusetts; Seattle, Washington; and Detroit, Michigan. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised non-medical use. However, in 2024, much of the measure decriminalizing psilocybin in Oregon was repealed, effectively recriminalizing it. In March 2025, Colorado became the second state to issue licenses for medical-assisted use of psilocybin mushrooms.
In Canada, the Controlled Drugs and Substances Act of 1996 prohibits psilocybin mushrooms. However, in January 2023, the province of Alberta became one of the first to regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. In Australia, psilocybin was approved for use in prescription medications for the treatment of PTSD and treatment-resistant depression in February 2023.
In the United Kingdom, the Misuse of Drugs Act of 1971, enacted following the 1971 UN Convention on Psychotropic Substances, prohibits psilocybin mushrooms. However, there is ambiguity in the legal status of psilocybin mushrooms in some places, with some jurisdictions, such as the US state of New Mexico, ruling that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance.
In the Netherlands, magic mushrooms are banned, but truffles, which contain the same psychoactive compounds, are not included in the list of prohibited substances, creating a loophole that has paved the way for therapeutic retreats.
Some countries, such as Jamaica, never made magic mushrooms illegal, although the psilocybin molecule is often prohibited. These countries may have a thriving "psychedelic retreat" industry that is not medically regulated. Portugal has famously decriminalized all drugs, and some countries do not enforce their laws on magic mushrooms. The 1971 UN treaty also includes a clause allowing countries to exempt traditional Indigenous uses of psychedelic plants.
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Frequently asked questions
Psilocybin and psilocin were first subjected to federal regulation in the US by the Drug Abuse Control Amendments of 1965, which came into effect on 1 February 1966.
Magic mushrooms are illegal in most countries, but some places have decriminalized them, including Oregon, Colorado, and Denver in the US. Some countries, such as Jamaica, never made magic mushrooms illegal. In the Netherlands, magic mushrooms are banned but truffles, which contain the same psychoactive compounds, are legal.
In some places, mushroom spores are legal to possess and sell because they do not contain psilocybin or psilocin. However, some jurisdictions have specifically prohibited the sale and possession of spores, including California, Georgia, and Idaho in the US, and Germany.
Magic mushrooms were banned in the US and other countries partly due to their association with the counterculture in the 1960s. John Ehrlichman, Nixon's former domestic policy advisor, stated that the War on Drugs was an attempt to target the president's political enemies, including "the antiwar left and black people."
Yes, there is a growing movement to decriminalize psilocybin, with advocates citing research that suggests the drug is non-addictive and has therapeutic benefits in treating depression and nicotine dependence. In 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for supervised non-medical use. Other US cities that have decriminalized magic mushrooms include Denver, Ann Arbor, Washington D.C., Somerville, Seattle, and Detroit.
