Michael Davis
As research on the therapeutic and medicinal benefits of psychedelics grows, so does support for their decriminalization and legalization. In the United States, psilocybin mushrooms, also known as magic mushrooms, are federally classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse. However, the legal status of psilocybin mushrooms varies across states and cities, with some places decriminalizing or legalizing their use for medicinal or therapeutic purposes. Globally, countries like Jamaica, Nepal, Switzerland, and Israel have also taken steps towards decriminalization or legalized the use of psychedelics for therapeutic purposes.
| Characteristics | Values |
|---|---|
| Places where psilocybin mushrooms are decriminalized | Oakland, Washington, DC, Washtenaw County, Michigan, Somerville, Massachusetts, Cambridge, Massachusetts, Northampton, Massachusetts, Seattle, Washington, Arcata, California, Oregon, Colorado, New Mexico, Jamaica, Nepal |
| Legal status of psilocybin mushrooms worldwide | Varies; not regulated by UN treaties, but the UN Convention on Psychotropic Substances requires members to prohibit psilocybin and restrict its use to medical and scientific research |
| US federal law on psilocybin mushrooms | Illegal; classified as Schedule I controlled substance with no accepted medical use and a high potential for abuse |
| State-level laws in the US | Vary; some states have decriminalized or legalized psilocybin mushrooms, while others have specific prohibitions on the sale and possession of spores |
| Arguments for decriminalization | Psilocybin mushrooms have medicinal and spiritual benefits; criminalization creates more harm than good by preventing people from seeking help |
| Arguments against decriminalization | Concerns over potential increase in substance use disorders and psychedelic-related emergencies |
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What You'll Learn
Where are magic mushrooms decriminalized in the US?
In the United States, psilocybin, the substance found in magic mushrooms, is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse". The drug was banned by the 1970 Controlled Substances Act. Despite this, a growing number of U.S. cities have decriminalized psilocybin, deprioritizing arrests and prosecution for personal use, possession, and cultivation. This does not mean that mushrooms are technically “legal”.
In November 2020, Oregon became the first U.S. state to decriminalize psilocybin and also legalize it for supervised non-medical use after the Ballot Measure 109 passed. In 2024, much of the measure decriminalizing psilocybin was repealed, effectively recriminalizing it. In November 2020, the District of Columbia passed Initiative 81, the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect on March 15, 2021. This bill decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for DC police.
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. The law applies to adults over the age of 21, and psilocybin remained illegal in Colorado until the passing of Proposition 122 in November 2022. In June 2019, the city council in Oakland, California, unanimously voted to decriminalize the drug, along with peyote. In January 2020, Santa Cruz, California, voted unanimously to decriminalize the adult possession and cultivation of psilocybin. In January 2021, Washtenaw County, Michigan, followed suit, decriminalizing the possession of entheogenic plants, including psilocybin mushrooms. In February 2021, the City Council of Cambridge, Massachusetts, voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms.
Other cities that have decriminalized the possession, sale, purchase, and cultivation of magic mushrooms include Seattle, Washington; Jefferson County, Washington; Port Townsend, Washington; Olympia, Washington; Tacoma, Washington; San Francisco, California; Berkeley, California; Eureka, California; Ann Arbor, Michigan; Hazel Park, Michigan; Ferndale, Michigan; Detroit, Michigan; Ypsilanti, Michigan; Somerville, Massachusetts; Northampton, Massachusetts; Easthampton, Massachusetts; Amherst, Massachusetts; Salem, Massachusetts; Provincetown, Massachusetts; and Medford, Massachusetts.
Outside of the United States, magic mushrooms are decriminalized for personal use in Portugal, and there is a loophole in the Netherlands that allows for the use of magic mushroom truffles, but not regular magic mushrooms. In Brazil, Japan, and South Korea, the legal status of magic mushrooms is ambiguous, with strict anti-drug policies in the latter two countries. In Australia, psychedelics are classified as controlled substances, but the province of Alberta has allowed the use of psilocybin for medicinal purposes.
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Where are magic mushrooms decriminalized outside the US?
Outside of the US, magic mushrooms are decriminalized in a few places. In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which came into effect on March 15, 2021. This Act decriminalized psychedelics, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use a low priority for the DC police.
In Canada, while magic mushrooms are illegal under the Controlled Drugs and Substances Act, they can be used for medical or research purposes. In October 2022, the Canadian province of Alberta announced that it would regulate and allow the use of psilocybin, LSD, MDMA, mescaline, ketamine, and DMT for medicinal use in drug-assisted psychotherapy. These new regulations came into effect in January 2023.
In the Netherlands, a loophole in the law allows for the use of magic mushroom truffles, but not regular magic mushrooms. In Brazil, the legal status of magic mushrooms is ambiguous and not explicitly regulated.
In the United Kingdom, magic mushrooms are classified as a Class A drug, and in Australia, they are considered controlled substances. In Japan and South Korea, magic mushrooms are illegal due to strict anti-drug policies.
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How does decriminalization differ from legalization?
Decriminalization and legalization are two different legal concepts that are often discussed in relation to drug policy. Here is a detailed overview of how these two terms differ:
Decriminalization
Decriminalization refers to the act of removing criminal sanctions against certain activities, including the possession and use of drugs for personal consumption. In the context of drug policy, decriminalization means that a drug remains illegal, but law enforcement agencies are less likely to prosecute individuals found in possession of the substance. The penalties are significantly reduced or replaced with alternative measures such as drug treatment or education. For example, those found in possession of small amounts of decriminalized drugs may have the substance confiscated and face civil fines instead of incarceration. Decriminalization ensures that drugs remain controlled and regulated by the government. It is important to note that the production and sale of decriminalized drugs are typically still illegal and can be prosecuted by law.
Legalization
Legalization, on the other hand, refers to the act of permitting by law the use of a substance that was once illegal. In other words, a previously banned drug becomes legal under federal or state law. People can acquire, possess, and use the substance freely, although regulations may still apply. For instance, age restrictions, possession limits, and supplier licensure requirements may be implemented to ensure safe use. Legalization removes all legal prohibitions against the act of possessing or using the substance, allowing individuals to do so without fear of conviction or fines.
Examples of Decriminalization of Mushrooms
- In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline.
- In January 2021, Washtenaw County, Michigan, followed suit, and the City Council of Somerville, Massachusetts, voted to decriminalize the possession of entheogenic plants, including psilocybin mushrooms.
- In October 2021, the City Council of Seattle, Washington, and Arcata, California, voted unanimously to deprioritize enforcing entheogen prohibition.
- Oregon has also decriminalized all illegal drugs, including psilocybin mushrooms, as of November 3, 2020.
In summary, decriminalization differs from legalization in that decriminalization removes criminal penalties for possession and use of a substance while the substance remains illegal, whereas legalization makes the substance legal and permits its use under certain regulations. While decriminalization reduces the focus on incarceration, it does not provide a legal, regulated supply of the substance. Legalization, on the other hand, allows for the free acquisition and possession of the substance under state or federal law.
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What are the arguments for decriminalization?
The decriminalization of mushrooms containing psilocybin is a growing movement, with advocates citing the rapid legalization of cannabis as a precedent. Proponents of decriminalization argue that the criminalization of drugs, including psychedelics, creates more harm than good. The argument is that when substances are criminalized, people are less likely to seek help or discuss their use with medical professionals.
Another key argument for decriminalization is the therapeutic potential of psilocybin. Research in this area has expanded significantly in recent years, with promising results indicating benefits in treating severe depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. As scientific research on the therapeutic and medicinal potential of psychedelics grows, so does legal and political support. This is evidenced by the increasing number of cities and states revising their legal frameworks to decriminalize or deprioritize enforcement of psilocybin prohibition.
The historical and traditional use of psilocybin mushrooms in various cultures is also cited as an argument for decriminalization. Psilocybin mushrooms have been used for centuries as healing and spiritual tools, with evidence of their use dating back to the South American Aztecs, who used them in religious rituals. The argument here is that these mushrooms have been a part of traditional practices for a long time and should not be prohibited or heavily regulated.
Additionally, some argue that the classification of psilocybin as a Schedule I drug with "no accepted medical use and a high potential for abuse" is inaccurate. Proponents of decriminalization point out that psilocybin mushrooms have a significantly lower potential for abuse than other Schedule I drugs, and that the classification fails to recognize the growing body of research indicating therapeutic benefits.
Finally, advocates of decriminalization argue for personal freedom and the right to use substances like psilocybin mushrooms responsibly. The "grow, gather, and gift" concept is central to this argument, emphasizing the belief that individuals should be able to cultivate, harvest, and share plants with medicinal and spiritual qualities without government or corporate interference.
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What are the arguments against decriminalization?
Decriminalization of psilocybin or "magic mushrooms" has been a topic of debate in the United States, with some cities and states relaxing their laws or deprioritizing enforcement while federal law still classifies it as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse". Here are some arguments against the decriminalization of psilocybin mushrooms:
Potential Health Risks
One of the main arguments against decriminalization is the potential health risks associated with psilocybin use. While it is acknowledged that the drug has a low risk profile, there are concerns about the psychological and physical effects of psilocybin and other psychedelics. In a survey cited by Michael Pollan, nearly eight percent of people needed psychiatric treatment after experiencing a bad trips. Opponents of decriminalization argue that more research is needed to understand the potential risks and consequences of unrestricted use.
Premature Legalization
Critics of the decriminalization movement, including Michael Pollan, argue that the push for decriminalization is premature. They believe that researchers need more time to study the effects of psilocybin and other psychedelics before making policy decisions. Pollan warns that a premature push could lead to a political backlash, potentially derailing promising research. He suggests that a more cautious approach is necessary to fully understand the "immense power and potential risk" of these substances.
Regulatory Challenges and Misuse
Opponents also raise concerns about the potential challenges of regulating psilocybin if it were to be decriminalized or legalized. There are worries that decriminalization could lead to misuse or abuse of the substance, especially if it becomes more accessible to the public. This includes the potential for illegal sale and distribution, as seen in the case of Craigslist advertisements for magic mushrooms in Denver. Additionally, there are concerns about the availability of psilocybin to those without a mental health condition or who wish to access it outside of designated facilities, potentially creating a paywall for a naturally occurring substance.
Law Enforcement and Resource Allocation
Law enforcement and resource allocation are also considered in the arguments against decriminalization. While advocates for decriminalization argue that it would allow law enforcement to focus on more pressing issues, opponents worry that limited resources could be further strained by the challenges of regulating psilocybin. There may be concerns about how to effectively monitor and control the use, sale, and distribution of a previously illegal substance without diverting resources from other important areas of policing.
Public Safety and Social Impact
Finally, there are arguments against decriminalization that centre around public safety and the potential social impact of increased psilocybin use. While it is acknowledged that psilocybin has therapeutic benefits and a low risk of harm when compared to other substances, opponents worry about the potential consequences for vulnerable individuals or those with pre-existing mental health conditions. Additionally, there may be concerns about how decriminalization could shape societal attitudes and behaviours, particularly among young people, and the potential for negative outcomes in vulnerable communities.
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Frequently asked questions
Psilocybin mushrooms, also known as magic mushrooms, have been decriminalized in Oregon, Colorado, Washington, D.C., Washtenaw County, Michigan, Somerville, Massachusetts, Cambridge, Massachusetts, Northampton, Massachusetts, Seattle, Washington, Oakland, California, Arcata, California, and Olympia.
Yes, psilocybin mushrooms are decriminalized in Jamaica, Nepal, and certain cities in Washington state, such as Port Townsend and Jefferson County.
Decriminalization means that a drug remains illegal, but law enforcement agencies are less likely to prosecute individuals, and penalties are significantly reduced or removed.
There is growing scientific research on the therapeutic and medicinal benefits of psychedelics, which has led to increased legal and political support for decriminalization. Proponents of decriminalization argue that criminalization creates more harm than good and prevents people from seeking help from doctors.
