John Miller
Psilocybin mushrooms, also known as magic mushrooms, have been used for their medicinal and spiritual properties in various cultures throughout history. Despite their long history of traditional use, the mushrooms were outlawed in the United States by the Controlled Substances Act of 1970, which classified them as Schedule I drugs, indicating a high potential for abuse and no accepted medical use. Since then, there has been a growing movement to decriminalize and legalize psilocybin mushrooms, with some states and cities in the US taking steps towards liberalizing their laws and allowing restricted access to the substance for therapeutic purposes. The legal status of psilocybin mushrooms varies worldwide, with some countries like Brazil, Jamaica, and Nepal allowing their use, while others maintain strict regulations or prohibitions.
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What You'll Learn
The United States' Controlled Substances Act of 1970
On October 27, 1970, psilocybin and psilocin became classified as Schedule I drugs and were labelled "hallucinogens" under the Controlled Substances Act (CSA) of the Comprehensive Drug Abuse Prevention and Control Act. Schedule I drugs are illicit drugs with no known therapeutic benefit and a high potential for abuse. They have no currently accepted medical use in the United States and may not be prescribed, administered, or self-administered.
The CSA is the federal U.S. drug policy that regulates the manufacture, importation, possession, use, and distribution of certain narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and other chemicals. It places all substances that were previously regulated under federal law into one of five schedules. These schedules are based on the substance's medical use, potential for abuse, safety, and dependence liability.
The CSA was signed into law by President Richard Nixon on October 27, 1970, and has been amended numerous times since. The act not only combined existing federal drug laws but also expanded their scope, changing the nature of federal drug law policies and law enforcement pertaining to controlled substances.
The placement of a substance within these schedules is determined by various factors, including scientific evidence of its pharmacological effect, the state of current scientific knowledge regarding the substance, its history and current pattern of abuse, the scope and significance of abuse, and the risk to public health. Psilocybin mushrooms have had numerous medicinal and religious uses in various cultures throughout history, and their potential for abuse is significantly lower than that of other Schedule I drugs.
Despite the federal classification of psilocybin mushrooms as Schedule I drugs, there have been recent moves towards decriminalization and regulated use at the state and city levels in the United States. For example, in 2020, Oregon voters passed a ballot initiative that made "magic mushrooms" legal for mental health treatment in supervised settings. Additionally, cities like Denver, Oakland, Santa Cruz, and Seattle have also taken steps towards decriminalization, with varying levels of success.
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The UN Convention on Psychotropic Substances, 1971
The convention requires its members to prohibit psilocybin, and parties to the treaty are required to restrict the use of the drug to medical and scientific research under strictly controlled conditions. Psilocybin and psilocin are listed as Schedule I drugs, defined as substances with a high potential for abuse and no recognized medical uses. However, the mushrooms containing psilocybin were not specifically included in the convention due to pressure from the Mexican government.
The treaty is not self-implementing, and individual countries must pass domestic laws to enforce punishments and restrictions. While not all scheduled substances are restricted in all signatory countries, many laws have been passed to meet or exceed the requirements of the convention. For example, the Canadian Controlled Drugs and Substances Act, the UK Misuse of Drugs Act 1971, and the U.S. Psychotropic Substances Act were enacted to comply with the convention.
The legal status of psilocybin mushrooms varies worldwide, with many countries having some level of regulation or prohibition. While the possession and use of psilocybin mushrooms are generally prohibited, there has been ambiguity in the legal status of these mushrooms, with some jurisdictions specifically amending laws to criminalize the possession of psilocybin mushroom spores, such as Germany and several US states. However, some regions have moved towards decriminalization and legalisation for medical and therapeutic use, including Oregon, Washington, and Colorado.
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The decriminalisation movement in the US
Psilocybin mushrooms were outlawed in the US in 1970 under the Controlled Substances Act (CSA). They were classified as Schedule I drugs, deemed to have "no known therapeutic benefit".
The movement to decriminalise psilocybin in the United States began in 2019, with Denver, Colorado, becoming the first city to decriminalise psilocybin mushrooms in May of that year. This was the result of a ballot initiative that narrowly won with 50.6% of the vote. The initiative prohibited Denver from using resources to prosecute people for their use or possession of psilocybin, but it did not legalise the mushrooms themselves. The law applies to adults over the age of 21.
Following Denver's lead, several other cities and states in the US have moved to decriminalise or legalise psilocybin. In June 2019, Oakland, California, decriminalised psilocybin after thirty individuals testified to the city council about their positive experiences with the drug. Santa Cruz, California, followed suit in January 2020, decriminalising the adult possession and cultivation of psilocybin. However, the commercial sale of psilocybin remains illegal in these cities.
In November 2020, Oregon became the first state to decriminalise psilocybin and legalise its supervised use for mental health treatment. This was followed by Washington, D.C., in the same month, which passed the Entheogenic Plant and Fungus Policy Act of 2020, effectively decriminalising psilocybin drugs. In 2021, Somerville, Cambridge, and Northampton, Massachusetts, as well as Seattle and Detroit, joined the growing list of cities decriminalising psilocybin.
In 2024, much of the measure decriminalising psilocybin in Oregon was repealed, effectively recriminalising it. However, in the same year, the City Council in Olympia, Washington, decriminalised plant-based hallucinogens, including psilocybin mushrooms. Tacoma, Washington, followed suit in 2025, decriminalising natural psychedelics containing tryptamines, phenethylamines, and indolamines.
As of 2025, more than 36 psychedelics-related bills have been introduced across more than a dozen states, indicating a growing movement towards decriminalisation and legalisation of psilocybin in the US. Proponents of decriminalisation cite the low potential for abuse, the non-addictive nature of the drug, and its potential therapeutic benefits in treating mental health conditions.
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The legal status of psilocybin mushrooms worldwide
The legal status of psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse or drugs that have no recognised medical uses. The United Nations Convention on Psychotropic Substances requires its members to prohibit psilocybin, and parties to the treaty are required to restrict the use of the drug to medical and scientific research under strictly controlled conditions.
However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs. Psilocybin mushrooms are not regulated by UN treaties. Many countries have some level of regulation or prohibition of psilocybin mushrooms (for example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act). In some jurisdictions, Psilocybe spores are legal to sell and possess, because they do not contain psilocybin or psilocin.
In many national, state, and provincial drug laws, there is ambiguity about the legal status of psilocybin mushrooms, as well as a strong element of selective enforcement in some places. Most US state courts have considered the mushroom a "container" of the illicit drugs, and therefore illegal. A loophole further complicates the legal situation—the spores of psilocybin mushrooms do not contain the drugs, and are legal to possess in many areas.
In the United States, the movement to decriminalize psilocybin began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin in May of that year. In November 2020, Oregon voters passed a ballot measure making it the first state to both decriminalize psilocybin and also legalize its supervised use. In 2024, much of the measure decriminalizing psilocybin was repealed, effectively recriminalizing it. As of 2025, several cities in Washington state have decriminalized psilocybin mushrooms, and Colorado has issued the first sets of licenses for medical-assisted use.
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The therapeutic potential of psilocybin
Psilocybin mushrooms were outlawed in 1970 when they became classified as Schedule I drugs under the Controlled Substances Act. Schedule I drugs are defined as drugs with a high potential for abuse and no recognised medical uses. However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history.
Psilocybin has been shown to have a positive benefit-risk balance in the treatment of various mental disorders. It is particularly promising as a treatment for treatment-resistant mental disorders. Psilocybin is mostly combined with psychotherapy or psychotherapeutic support. The effects of psilocybin are immediate and prolonged (1-6 months).
Psilocybin has been shown to be effective in treating anxiety and depression in patients with life-threatening cancer. Patients report increased "connection" and "acceptance" after treatment with psilocybin for treatment-resistant depression.
Psilocybin has also been used to treat substance use disorders and alcohol dependence. It has been suggested that psilocybin could be used as an early intervention in the treatment of depression.
In recent years, there has been a movement to decriminalise psilocybin in some parts of the United States. Some jurisdictions have specifically amended laws to criminalise the possession of psilocybin mushroom spores, while others have decriminalised the possession and use of psilocybin mushrooms.
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Frequently asked questions
Psilocybin mushrooms were first outlawed in 1970 under the Controlled Substances Act, which designated them as Schedule I drugs.
Schedule I drugs are considered to have a high potential for abuse and no accepted medical use.
Yes, psilocybin-containing mushrooms are legal in Brazil, the Bahamas, British Virgin Islands, Jamaica, Nepal, Samoa, and certain cities in the Netherlands.
There have been increasing efforts to decriminalize psilocybin mushrooms at the state and city levels in the United States. Notable examples include Denver, Colorado; Oakland and Santa Cruz, California; Washington, D.C.; and Oregon, which has legalized their use in supervised settings for mental health treatment.
Advocates for decriminalization argue that psilocybin mushrooms have numerous medicinal and therapeutic benefits, and that they have a lower potential for abuse than other Schedule I drugs. Additionally, some scholars argue for reciprocity with Indigenous communities that have used and cultivated these mushrooms for millennia.
