Laura Smith
The use of psilocybin mushrooms, often referred to as magic mushrooms, has been banned in many countries since the 1970s. The ban was enacted due to the classification of psilocybin and psilocin as Schedule I drugs, which are considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety. Despite this, there has been a recent trend towards the decriminalization of psilocybin mushrooms in some jurisdictions, with cities like Denver, Colorado, and Oakland, California, leading the way. The international community is also re-evaluating the legal status of psychedelics, with some countries allowing for their use in specific contexts, such as religious or scientific research purposes.
| Characteristics | Values |
|---|---|
| Date of ban on psilocybin and psilocin | 24 October 1968 |
| Date psilocybin and psilocin became Schedule I drugs | 27 October 1970 |
| Date of UK Misuse of Drugs Act (MDA) | 1971 |
| Date spores of psilocybin mushrooms became illegal in Germany | 1998 |
| Date of Denver ballot initiative to decriminalize magic mushrooms | May 2019 |
| Date of Oakland, California resolution to ban law enforcement from arresting people for possessing magic mushrooms | June 2019 |
| Date Oregon voters passed a ballot initiative to make "magic mushrooms" legal for mental health treatment | 3 November 2020 |
| Date Oregon ballot initiative came into effect | 1 February 2021 |
| Date of District of Columbia's Entheogenic Plant and Fungus Policy Act | 15 March 2021 |
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What You'll Learn
- Psilocybin mushrooms were banned in the US in 1968
- The UK banned them in 1971, but with loopholes that were closed in 2005
- The UN Convention on Psychotropic Substances in 1971 required members to prohibit psilocybin
- The US Psychotropic Substances Act of 1978 banned psilocybin mushrooms
- Some US states have decriminalized or legalized psilocybin mushrooms since 2019
Psilocybin mushrooms were banned in the US in 1968
Psilocybin mushrooms, also known as "magic mushrooms", have been used by humans for thousands of years. However, they were relatively unknown in the UK and other western countries until the mid-1950s when media coverage sparked curiosity in academic circles, which then spread to the burgeoning hippie counterculture of the 1960s.
In the United States, psilocybin and psilocin were first regulated at the federal level by the Drug Abuse Control Amendments of 1965, which were sponsored by Senator Thomas J. Dodd. This law was an amendment to the Federal Food, Drug and Cosmetic Act and came into effect on 1 February 1966.
However, it wasn't until 24 October 1968, during the Nixon administration, that psilocybin and psilocin were specifically banned by federal law. This law stated that these substances had a “high potential for abuse”, “no currently accepted medical use”, and “a lack of accepted safety”.
Since 1968, the legal status of psilocybin mushrooms has continued to evolve in the US and internationally. While federal law still classifies psilocybin and psilocin as Schedule I drugs with no therapeutic benefit, some US cities and states have moved to decriminalize or even legalize psilocybin mushrooms for therapeutic or spiritual purposes. For example, in 2020, Oregon voters passed a ballot initiative that made psilocybin mushrooms legal for mental health treatment in supervised settings.
Internationally, the 1971 United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin, but the treaty does not specifically include psilocybin-containing mushrooms due to pressure from the Mexican government. As a result, the legal status of psilocybin mushrooms varies across countries, with some nations explicitly banning them, while others have looser restrictions or even allow their use for religious or medicinal purposes.
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The UK banned them in 1971, but with loopholes that were closed in 2005
The UK banned magic mushrooms in 1971 under the Misuse of Drugs Act. However, this legislation only applied to mushrooms that had been dried or "altered by the hand of man", and the gathering and possession of fresh mushrooms were never considered an offence. This created a loophole that allowed companies such as Psyche Deli to openly sell fresh mushrooms and growing kits in the early 2000s.
The number of retailers selling magic mushrooms in the UK soared in the following years, with stalls and shops across the country. However, in 2005, the government's Drugs Act closed this loophole by explicitly banning magic mushrooms in all forms, including fresh, dried, or packaged. The new legislation ruled that psilocin, the hallucinogen found in the mushrooms, was illegal, and the mushrooms were therefore considered controlled drugs.
The 2005 legislation made it an offence to import, export, produce, supply, or possess magic mushrooms, with potential prosecution under Section 21 of the Act. This change in legislation received cross-party support during the passage of the Drugs Bill through Parliament. However, it was criticised by some, including the drug policy think tank Transform, which argued that the move was "'ill-thought-out' and would lead to the creation of a criminal market.
The UK's ban on magic mushrooms is in line with the United Nations Convention on Psychotropic Substances, which was adopted in 1971 and requires its members to prohibit psilocybin. While the convention did not specifically include mushrooms containing the drug due to pressure from the Mexican government, most national drug laws have been amended to reflect its terms.
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The UN Convention on Psychotropic Substances in 1971 required members to prohibit psilocybin
The consumption and use of psychedelic mushrooms have been a topic of debate for decades. The United Nations Convention on Psychotropic Substances, adopted in 1971, played a pivotal role in shaping the legal status of psilocybin. This convention, signed in Vienna, Austria, on February 21, 1971, was designed to control psychoactive drugs, including amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics.
The convention's objective was to restrict the use of psychotropic substances to medical and scientific purposes, acknowledging the therapeutic potential of some substances while highlighting the risk of abuse. While the convention itself did not specifically mention psilocybin mushrooms, it required its members to prohibit psilocybin, the psychoactive compound found in these mushrooms. This prohibition extended to the possession and use of psilocybin, which was often met with severe legal penalties.
The impact of the 1971 convention on national drug laws was significant. Many countries amended their legislation to align with the treaty's provisions. Examples include the UK Misuse of Drugs Act of 1971, the US Psychotropic Substances Act of 1978, the Canadian Controlled Drugs and Substances Act of 1996, and the Japanese Narcotics and Psychotropics Control Law of 2002. These amendments reflected a global effort to regulate the use and distribution of psychotropic substances.
Despite the international ban on psilocybin, there has been ambiguity and selective enforcement in some jurisdictions. In the United States, for instance, the federal government specifically banned psilocybin and psilocin in 1968, classifying them as Schedule I drugs with no accepted medical use. However, the status of psilocybin mushroom spores, which do not contain psilocybin, has been a subject of debate, with some states explicitly prohibiting their possession and sale.
In recent years, there has been a growing movement towards decriminalization and legalization of psilocybin mushrooms, particularly for therapeutic purposes. In 2020, Oregon became the first state to legalize "magic mushrooms" for mental health treatment in supervised settings. Other states, such as Colorado, Washington, and Massachusetts, have also made strides towards decriminalization, reflecting a shift in public perception and policy regarding the potential benefits of controlled psychedelic use.
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The US Psychotropic Substances Act of 1978 banned psilocybin mushrooms
The use of psilocybin mushrooms, often referred to as "magic mushrooms", has been a topic of debate for decades. While these mushrooms have been used for medicinal and religious purposes in various cultures throughout history, they have also been associated with recreational drug use and have been the subject of regulation and prohibition.
In the United States, the federal regulation of psilocybin and psilocin began with the Drug Abuse Control Amendments of 1965, which were sponsored by Senator Thomas J. Dodd. This law, which took effect on February 1, 1966, was an amendment to the Federal Food, Drug, and Cosmetic Act. However, the federal law that specifically banned psilocybin and psilocin was enacted on October 24, 1968. Subsequently, in 1970, both substances were classified as Schedule I drugs under the Comprehensive Drug Abuse Prevention and Control Act, also known as the Controlled Substances Act.
The United Nations Convention on Psychotropic Substances, adopted in 1971, further influenced the legal status of psilocybin mushrooms. While the convention required its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included due to pressure from the Mexican government. Nonetheless, many countries amended their national drug laws to reflect the terms of the convention.
In the United States, the US Psychotropic Substances Act of 1978 was enacted to align with the UN convention. This legislation prohibited the possession and use of psilocybin mushrooms, considering them illegal under federal law. However, there has been ambiguity and selective enforcement in the legal interpretation of psilocybin mushrooms, with some jurisdictions specifically targeting the sale and possession of psilocybin mushroom spores.
In recent years, there have been efforts to decriminalize and legalize psilocybin mushrooms in certain states and cities within the United States. For example, in 2020, Oregon voters passed a ballot initiative legalizing "magic mushrooms" for mental health treatment in supervised settings. Similarly, cities like Denver, Colorado; Oakland, Santa Cruz, and Arcata, California; and Somerville, Cambridge, and Northampton, Massachusetts, have all taken steps towards decriminalization. These developments reflect a changing attitude towards the therapeutic potential of psilocybin mushrooms and a shift in drug policy.
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Some US states have decriminalized or legalized psilocybin mushrooms since 2019
Psilocybin mushrooms, commonly known as "magic mushrooms", are federally classified as a Schedule I controlled substance in the United States. This classification means that these substances have ""no accepted medical use" and a "high potential for abuse". Despite the federal ban, some US states and cities have taken steps to decriminalize or legalize psilocybin mushrooms since 2019.
In May 2019, Denver, Colorado became the first city in the United States to decriminalize psilocybin mushrooms. The ballot initiative passed with 50.6% of the vote and prohibited the city from spending resources to prosecute individuals for possession or use. Following this, in June 2019, the city council of Oakland, California, unanimously voted to decriminalize psilocybin. In January 2020, Santa Cruz, California, also voted to decriminalize the adult possession and cultivation of psilocybin mushrooms.
In November 2020, Oregon became the first US state to decriminalize psilocybin and legalize its supervised use for mental health treatment. This was followed by the District of Columbia in March 2021, which passed the Entheogenic Plant and Fungus Policy Act, decriminalizing psilocybin drugs and making arrests for possession or use the lowest priority for police.
Since then, several other cities and states have joined the movement to decriminalize or legalize psilocybin mushrooms. These include Washtenaw County, Michigan; Somerville, Cambridge, and Northampton, Massachusetts; Seattle, Washington; Arcata, Berkeley, and Oakland, California; Minneapolis, Minnesota; Portland, Maine; and Olympia, Washington. Additionally, there are ongoing efforts and discussions in other states, such as California, New York, and Massachusetts, to legalize or decriminalize psilocybin mushrooms.
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Frequently asked questions
Psilocybin and psilocin mushrooms 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. The federal law that specifically banned psilocybin and psilocin was enacted on 24 October 1968.
No, not everywhere. Psilocybin-containing mushrooms are legal in Brazil, the Bahamas, the British Virgin Islands, Jamaica, Nepal, and Samoa. In the Netherlands, the sclerotia of psilocybe mushrooms, also known as "truffles", are legal.
Yes, there have been several movements to decriminalize or legalize psilocybin mushrooms. In 2020, Oregon voters approved the legalization of psilocybin for mental health treatment in supervised settings. In 2021, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which decriminalized psilocybin drugs. Several cities in the US have also decriminalized psilocybin mushrooms, including Denver, Oakland, Santa Cruz, Seattle, and Tacoma.
The ban on mushrooms was influenced by political motives rather than solely by public safety concerns. 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 communities.
