Michael Davis
The decriminalization of mushrooms, or more specifically, psilocybin mushrooms, has been a growing movement in various parts of the world. Psilocybin, the psychedelic compound found in these mushrooms, has been the subject of increasing research for its potential therapeutic benefits. As a result, the legal status of psilocybin mushrooms is evolving, with some places decriminalizing or legalizing their use. In the United States, for example, cities like Denver, Colorado, and Oakland, California, have led the way in decriminalization efforts, with Oregon and Colorado becoming the first states to legalize psilocybin. Globally, countries like Jamaica, Peru, Bolivia, and Nepal have more relaxed laws regarding psilocybin, while other jurisdictions, such as Germany and some US states, have specifically criminalized the possession of psilocybin mushroom spores. The movement to decriminalize mushrooms is often driven by the belief that criminalization causes more harm than good and that these substances can have medicinal and spiritual benefits when used safely and responsibly.
| Characteristics | Values |
|---|---|
| Countries where psilocybin is legal | Peru, Bolivia, Canada, Australia, Denmark, Jamaica, Nepal |
| Countries where psilocybin is illegal | Russia, India, South Africa, Germany (since 1998), the UK, the US |
| US states where psilocybin is legal | Oregon, Colorado |
| US states reviewing bills to change legislation | More than a dozen states, including Massachusetts, New York, Washington |
| US cities where psilocybin has been decriminalized | Denver, Colorado; Oakland, California; Port Townsend, Washington; Olympia, Washington |
| US cities reviewing decriminalization | More than a dozen cities |
| US states where growing psilocybin mushrooms is not considered "manufacturing" a controlled substance | New Mexico |
| US states where psilocybin mushroom spores are illegal | California, Georgia, Idaho |
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What You'll Learn
- Psilocybin mushrooms are decriminalised in Oregon and Colorado, and some cities in Washington
- Oakland, California, decriminalised psilocybin in 2019
- Denver, Colorado, became the first US city to decriminalise psilocybin mushrooms in 2019
- In 2020, the District of Columbia passed a bill allowing the possession and non-profit distribution of psilocybin mushrooms
- Psilocybin is illegal in the US, but spores are legal in some areas
Psilocybin mushrooms are decriminalised in Oregon and Colorado, and some cities in Washington
Psilocybin mushrooms, also known as "magic mushrooms", are currently decriminalised in two US states: Oregon and Colorado. In Oregon, the use of psilocybin was decriminalised in November 2020, while Colorado followed suit in 2022. In May 2019, Denver, Colorado, became the first city in the US to decriminalise psilocybin mushrooms after a ballot initiative.
While psilocybin is federally classified as a Schedule I controlled substance in the US, with no accepted medical use and a high potential for abuse, this classification is changing as research indicates beneficial uses for the drug. For example, psilocybin has been shown to be non-addictive and causes a low number of emergency visits when compared to other illegal drugs. Further, psilocybin has been shown to be beneficial in treating treatment-resistant depression and nicotine dependence.
The decriminalisation movement in Oregon and Colorado has been inspired by the rapid legalisation of cannabis in the US, with advocates arguing that decriminalisation would allow law enforcement to focus on more important issues. The movement has also been influenced by the concept of "grow, gather, and gift", where people should be able to access plants with medicinal and spiritual qualities without going through pharmaceutical companies or regulatory frameworks.
In Washington, statewide efforts to legalise psychedelic mushrooms have stalled due to conflicting visions, concerns about cost and equity, and worries about the involvement of pharmaceutical companies. However, some cities in Washington, such as Port Townsend, have passed resolutions to decriminalise entheogens, which include psilocybin mushrooms. These cities have been inspired by the decriminalisation efforts in Oakland, California, which became one of the first US cities to decriminalise psilocybin in 2019.
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Oakland, California, decriminalised psilocybin in 2019
In June 2019, Oakland, California, became the second city in the United States to decriminalize psilocybin, commonly known as "magic mushrooms". This came just a month after thirty individuals testified to the city council about their prior experiences with the drug. Following the testimonies, the city council unanimously voted to decriminalize its use and possession.
The resolution passed by Oakland refers to entheogenic plants in general, which includes not just the mushrooms but also other plants and fungi containing psychoactive substances. This makes the resolution broader than the one passed by Denver, Colorado, in May 2019, which decriminalized only the use and possession of mushrooms containing psilocybin.
The Oakland resolution states that law enforcement should not prioritize arresting or investigating adults who use these substances and that the county should not prosecute people involved in their use. However, it does not authorize driving under the influence of these drugs, nor does it authorize their manufacturing or sale.
Psilocybin is federally classified as a Schedule I controlled substance, deemed to have no medicinal benefit and a high potential for abuse and addiction. However, research in recent years has indicated potential therapeutic benefits of psilocybin, including in the treatment of depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. This growing body of research has contributed to changing legislation around psilocybin, with more than a dozen cities in the United States decriminalizing or deprioritizing its enforcement in recent years.
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Denver, Colorado, became the first US city to decriminalise psilocybin mushrooms in 2019
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms, also known as "magic mushrooms", after a ballot initiative won with 50.6% of the vote. Psilocybin is a psychedelic drug naturally produced by these mushrooms and has been federally classified as a Schedule I controlled substance in the US, deemed to have "no accepted medical use and a high potential for abuse".
The decriminalization of psilocybin mushrooms in Denver meant that while their use, possession, or sale would remain technically illegal, restrictions would be drastically loosened for personal use. Police officers would be instructed to treat users of these mushrooms as their lowest priority. This move was led by a grassroots movement that drew parallels with the rapid legalization of cannabis in the US.
Denver's decision to decriminalize psilocybin mushrooms was influenced by research indicating the drug's potential beneficial use in treating conditions such as treatment-resistant depression and nicotine dependence. Advocates for decriminalization also argued that it would allow law enforcement to redirect their attention and resources from policing private psychedelic usage to more critical areas, such as violent crime.
In March 2025, Denver City Council adopted new licensing rules for psilocybin businesses, aligning with Colorado's statewide decriminalization of psilocybin and the creation of a legal therapeutic industry through Proposition 122. The new rules include regulations for the operation of healing centers and the requirement for state and local licenses for practitioners.
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In 2020, the District of Columbia passed a bill allowing the possession and non-profit distribution of psilocybin mushrooms
In 2020, the District of Columbia passed a bill that allows the possession and non-profit distribution of psilocybin mushrooms. This bill, known as Initiative 81 or the Entheogenic Plant and Fungus Policy Act of 2020, came into effect on March 15, 2021. It is important to note that psilocybin mushrooms, commonly referred to as "magic mushrooms," are still illegal under federal law in the United States. However, the District of Columbia's bill effectively decriminalized psilocybin drugs, including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for DC police.
The passage of Initiative 81 in the District of Columbia reflects a growing trend toward the decriminalization and legalization of psilocybin mushrooms in the United States. While federal law prohibits the substance, individual states and cities have taken steps to relax restrictions. For example, in May 2019, Denver, Colorado, became the first city in the country to decriminalize psilocybin mushrooms through a ballot initiative that narrowly passed with 50.6% of the vote. This initiative did not legalize mushrooms but instead prohibited local authorities from spending resources on prosecuting individuals for their use or possession.
The movement toward decriminalization is driven by several factors. One key argument is that decriminalization redirects law enforcement's attention and limited resources from policing private psychedelic usage to higher priorities, such as violent crimes. Additionally, advocates for decriminalization cite research suggesting that psilocybin is non-addictive and causes a lower number of emergency visits compared to other illegal drugs. There is also growing interest in the therapeutic benefits of psilocybin, with research indicating its potential effectiveness in treating depression, anxiety, post-traumatic stress disorder (PTSD), and addiction.
As of 2025, psilocybin is legalized in only two states: Oregon and Colorado. Oregon voters passed a ballot measure in 2020, becoming the first state to decriminalize psilocybin and legalize its supervised use. Colorado followed with a similar measure in 2022. However, it is important to note that the legalization and decriminalization landscape is constantly evolving, with many states currently reviewing bills to change legislation.
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Psilocybin is illegal in the US, but spores are legal in some areas
Psilocybin, a psychedelic drug produced naturally by some mushrooms, is federally illegal in the United States. It is classified as a Schedule I controlled substance, which means that it has "'no accepted medical use and a high potential for abuse." The substance was banned by the 1970 Controlled Substances Act and is illegal to manufacture, possess, or sell.
However, the legality of psilocybin spores, which are used to cultivate psilocybin mushrooms, has been a subject of debate and confusion. Terrence Boos, Drug & Chemical Evaluation Section Chief at the DEA, recently clarified that psilocybin spores are not prohibited under federal law. This is because spores do not contain psilocybin or psilocin, the controlled substances named in Schedule I of the CSA. As a result, spores are federally legal to possess and sell in many areas, including Oregon and Colorado, the only two states where psilocybin has been legalized.
It is important to note that this federal legality of spores does not mean they are legal in all contexts. In some states, such as California, Georgia, and Idaho, psilocybin spores are illegal to possess and sell. Additionally, possessing spores with the intent to cultivate psilocybin mushrooms is federally illegal under the CSA. While the DEA's clarification provides useful guidance, there are still legal risks for those engaging with psilocybin spores, and it is important to understand the specific laws and regulations in your state or jurisdiction.
While psilocybin remains illegal at the federal level in the US, there have been increasing efforts towards decriminalization and legalization in recent years. Some states, like Oregon and Colorado, have legalized psilocybin for supervised adult use and medical-assisted use, respectively. Other states are reviewing bills to change legislation, and more than three dozen psychedelics-related bills have been introduced across over a dozen states since the start of the 2025 legislative session. Research into the therapeutic benefits of psilocybin has contributed to the changing legislation, with indications of benefits in treating depression, anxiety, PTSD, and addiction.
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Frequently asked questions
Psilocybin has been decriminalized in Oregon, Colorado, Washington, and Oakland, California. Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in May 2019.
Psilocybin is decriminalized in Canada, Australia, Jamaica, and Nepal. In 2019, Israel approved a compassionate use programme for the therapeutic use of MDMA in people with PTSD. Switzerland has had an exceptional use program in place since the 1980s.
Decriminalization means that a drug remains illegal but law enforcement agencies are less likely to prosecute individuals, and penalties are significantly reduced or removed.
