Sarah Brown
The legal status of psychedelic mushrooms varies worldwide. While some countries have full legalisation, others have decriminalised certain psychedelics under specific contexts. In the United States, for example, psilocybin is federally classified as a Schedule I controlled substance, making it illegal under federal law. However, several US cities and states have decriminalised or deprioritised the enforcement of psilocybin laws, including Oregon, Colorado, Denver, Seattle, Oakland, Ann Arbor, and Washington, DC. Other countries where psychedelic mushrooms have been decriminalised or legalised for therapeutic use include Jamaica, Switzerland, Israel, Nepal, and certain Canadian provinces. As research on the therapeutic benefits of psychedelics grows, the legal landscape is shifting, with increasing support for decriminalisation and legal access to psychedelic therapies.
| Characteristics | Values |
|---|---|
| Locations with decriminalized psychedelic mushrooms | Denver, Colorado; Oregon; District of Columbia; Washtenaw County, Michigan; Somerville, Massachusetts; Cambridge, Massachusetts; Northampton, Massachusetts; Seattle, Washington; Arcata, California; Oakland, California; Ann Arbor, Michigan; Jamaica; Nepal |
| Legal status of psychedelic mushrooms | Illegal under federal law in the US; Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances; not regulated by UN treaties; banned in the UK, Canada, Australia, and Japan |
| Arguments for decriminalization | Rapid legalization of cannabis in the US; medicinal and religious uses in various cultures; lower potential for abuse than other Schedule I drugs; beneficial effects on mental health conditions such as PTSD, anorexia, chronic pain, and addiction; recognized as a "breakthrough therapy" by the US Food and Drug Administration in 2018 |
| Arguments against decriminalization | Potential increase in substance use disorders and psychedelic-related emergencies; concerns over lack of recognized medical standards and research |
| Impact of decriminalization | Increase in calls to US poison centers, particularly among young people under the legal age of 21 |
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What You'll Learn
US cities decriminalising psychedelic mushrooms
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". In the United States, it is federally classified as a Schedule I controlled substance that has ""no accepted medical use and a high potential for abuse".
However, in recent years, there has been a growing movement to decriminalize psilocybin mushrooms in the US, with advocates drawing parallels to the rapid legalization of cannabis. As of June 2023, more than a dozen cities nationwide have deprioritized or decriminalized the substance.
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 in March 2021. This initiative decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for DC police.
Following this, several cities in the state of Massachusetts, including Somerville, Cambridge, and Northampton, also voted to decriminalize the possession of entheogenic plants, including psilocybin mushrooms, in early 2021.
In October 2021, the City Council of Seattle, Washington, and Arcata, California, voted unanimously to deprioritize enforcing entheogen prohibition, joining other California cities like Oakland and Ann Arbor, Michigan, in their efforts to decriminalize psilocybin mushrooms.
In 2022, Colorado became the second US state to decriminalize psilocybin mushrooms, following Oregon, which legalized the substance in 2020. Denver, the state's capital, was the first city to decriminalize psilocybin in 2019.
The decriminalization movement has sparked debate, with some expressing concern over potential increases in substance use disorders and psychedelic-related emergencies. However, supporters of decriminalization argue that it reduces harm and allows for more open discussions about psychedelics and their potential benefits.
As scientific research highlights the therapeutic and medicinal potential of psychedelics, the legal and political support for decriminalization continues to grow. Lawmakers in several states, including Texas, Utah, Washington, and Maryland, have funded research into the medical use of psilocybin, indicating a potential shift towards legalization or decriminalization in the future.
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US states legalising psychedelic mushrooms
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". In the United States, it is federally classified as a Schedule I controlled substance that has "no accepted medical use and a high potential for abuse".
Despite this, there is a growing movement to decriminalize psilocybin, largely inspired by the rapid legalization of cannabis in the United States. As of August 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA.
In November 2020, Oregon became the first US state to decriminalize psilocybin and legalize its supervised use for adults. However, in 2024, much of the measure decriminalizing psilocybin was repealed, effectively recriminalizing it. Colorado followed with a similar medical use and decriminalization measure in 2022, becoming the second US state to decriminalize psilocybin mushrooms.
In November 2020, the District of Columbia passed 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 2021, several cities in Massachusetts, including Somerville, Cambridge, and Northampton, also voted to decriminalize the possession of entheogenic plants, including psilocybin mushrooms.
In recent years, several other cities across the United States have also taken steps towards decriminalizing psilocybin mushrooms. In May 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms, followed by Oakland, California, in June 2019. In 2023, Jefferson County, Washington, Berkeley, California, Minneapolis, Minnesota, and Portland, Maine, all took steps towards decriminalizing entheogenic plants and fungi.
While the legalization of psychedelic mushrooms remains a divisive topic, with critics arguing that more research is needed to understand the potential risks and consequences of unrestricted use, advocates for decriminalization highlight the low risks associated with the drug and the potential beneficial uses in treating treatment-resistant depression and nicotine dependence. Additionally, advocates argue that decriminalization would allow law enforcement to redirect resources to higher priorities affecting the general public.
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International laws on psychedelic mushrooms
The international laws on psychedelic mushrooms vary across the world. 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 no recognised medical uses. However, psychedelic mushrooms have had several medicinal and religious uses in various cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.
While the UN Convention requires its members to prohibit psilocybin, the mushrooms containing the drug were not specifically included in the convention due to pressure from the Mexican government. Most national drug laws have been amended to reflect the terms of the convention, such as the UK Misuse of Drugs Act 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.
In some countries, psychedelic mushrooms are fully legalised, while in others, they are legal only under specific contexts. In some places, "decriminalisation" means people can possess or use a small amount of the substance despite it being illegal, and minor fines may apply. In the United States, the use, sale, and possession of psilocybin are federally illegal, and it is classified as a Schedule I controlled substance. However, some US states like Oregon, Colorado, and Washington have decriminalised or deprioritized enforcing entheogen prohibition.
In Canada, the province of Alberta has allowed the use of psilocybin for medicinal purposes in drug-assisted psychotherapy since January 2023. In Australia, psilocybin has been approved for prescription medications for PTSD and treatment-resistant depression. Switzerland has had an exceptional use programme in place since the 1980s, making it the first country in the modern era to have legal psychedelic therapy. Israel approved a programme for the therapeutic use of MDMA in people with PTSD in 2019. Jamaica does not have a law surrounding psilocybin, and magic mushrooms have never been illegal in the country. In Nepal, psilocybin is not explicitly mentioned in the country's Narcotic Drugs (Control) Act 2033 and is reportedly legal.
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Arguments for and against decriminalisation
As of 2024, some psychedelics have been given a legal or decriminalized foothold in 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 the United States, decriminalization has occurred in cities like Denver, Oakland, Washington, DC, Oregon, Colorado, and more.
Arguments for Decriminalization
Decriminalization advocates have cited research that suggests that psilocybin is non-addictive and causes a low number of emergency visits when compared to other illegal drugs. Other research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence. Decriminalization advocates also argue that decriminalization would redirect law enforcement's attention and limited resources from policing private psychedelic usage to higher priorities affecting the general public, such as violent crime.
Arguments Against Decriminalization
Arguments against decriminalization include concerns over any potential increase in substance use disorders and psychedelic-related emergencies, such as emergency department visits for "bad trips". While psychedelics are currently being studied as a potential treatment for substance use disorders and are not considered addicting themselves, there is a concern that not enough research has been conducted to fully understand the risks and consequences of unrestricted use.
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The potential risks of decriminalisation
The potential risks of decriminalising psychedelic mushrooms include the possibility of a political backlash, which could hinder or halt further research into the substance. This is a concern shared by Michael Pollan, who wrote in the New York Times that the push to decriminalise psychedelics is premature, as researchers have yet to complete their work. Pollan also acknowledged the low risks associated with the drug's use but cited a survey that found nearly eight percent of people needed psychiatric treatment after experiencing a bad trip.
Another risk to consider is the potential increase in substance use disorders. While psychedelics are being studied as a treatment for substance use disorders, there is a concern that decriminalisation could lead to more people misusing these substances. Additionally, there may be an increase in psychedelic-related emergencies, such as emergency department visits for "bad trips". However, it is important to note that emergency department visits for LSD and psilocybin are relatively rare, occurring more frequently with substances such as MDMA.
The decriminalisation of psychedelic mushrooms could also lead to an increase in the illegal sale and distribution of the substance. While decriminalisation allows for personal use and possession, the sale of psychedelic mushrooms remains illegal in most places. This could lead to the development of an underground economy, similar to what has been seen with other decriminalised substances, such as marijuana.
Furthermore, there is a risk that decriminalisation could interfere with the research side of psychedelic studies. Researchers may need to navigate changing legal landscapes, and it is unclear how decriminalisation will impact their work. There is also a concern that the public may not have access to adequate education and research about the risks and benefits of psychedelic use, which could lead to misuse or negative outcomes.
Lastly, the decriminalisation of psychedelic mushrooms could have potential implications for road safety and public health. If the availability and use of psychedelic mushrooms increase, there may be a corresponding rise in impaired driving and public health issues related to substance misuse.
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Frequently asked questions
Psychedelic mushrooms have been decriminalized in Oregon, Colorado, and Washington, D.C.
"Decriminalization" generally implies that people can possess or use a personal amount of the substance despite it being illegal, and that law enforcement will not prioritize arrests for their possession or use.
Yes, magic mushrooms have never been illegal in Jamaica. In Switzerland, psychedelic therapy has been legal since 2014, but only on official request. In 2019, Israel approved the therapeutic use of MDMA for people with PTSD.
Psilocybin mushrooms are federally classified as a Schedule I controlled substance in the United States, meaning they have no accepted medical use and a high potential for abuse. However, there has been ambiguity about their legal status in many state and provincial drug laws, and some cities have passed measures to decriminalize them.
Advocates for decriminalization point to the rapid legalization of cannabis and the therapeutic benefits of psychedelic medicine. Studies have found that psilocybin can have beneficial effects for various mental health conditions such as PTSD, anorexia, and chronic pain.
