Michael Davis
Magic mushrooms, or psilocybin mushrooms, are illegal in most parts of the world. In the United States, they are federally classified as a Schedule I controlled substance, meaning they are deemed to have no medicinal value and a high potential for abuse. However, some US states have decriminalized or legalized psilocybin mushrooms for therapeutic use, including Oregon, Colorado, and Washington. Outside of the US, Canada, the UK, Australia, and Japan have prohibited psilocybin through various drug laws. Despite the legal restrictions, there is growing scientific research and political support for the therapeutic benefits of psychedelics, which may lead to further changes in legislation.
| Characteristics | Values |
|---|---|
| Magic mushrooms' legal status | Varies worldwide |
| UN classification | Psilocybin and psilocin are Schedule I drugs under the 1971 Convention on Psychotropic Substances |
| UN requirements for members | Prohibition of psilocybin, except for medical and scientific research under strictly controlled conditions |
| UN member countries with regulations or prohibitions | UK, US, Canada, Australia, Japan |
| US federal law | Psilocybin is illegal and classified as a Schedule I substance |
| US state laws | Vary; some places have legalised or decriminalised psilocybin for medicinal or therapeutic purposes |
| US states with legalisation or decriminalisation | Oregon, Colorado, Washington, DC, Washtenaw County (Michigan), Somerville (Massachusetts), Cambridge (Massachusetts) |
| US states with proposed legislation | Washington, California, New York |
| US cities with decriminalisation | Denver, Oakland |
| US cities with proposed legislation | N/A |
| Other countries with legalisation or decriminalisation | Alberta (Canada), Germany |
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What You'll Learn
- In the US, magic mushrooms are federally illegal, but some states have legalised or decriminalised them
- Oregon was the first US state to legalise and decriminalise magic mushrooms in 2020
- Colorado became the second US state to decriminalise magic mushrooms in 2022
- Canada's Alberta province allows the use of magic mushrooms for medicinal purposes
- Germany has specifically criminalised the possession of magic mushroom spores
In the US, magic mushrooms are federally illegal, but some states have legalised or decriminalised them
In the United States, magic mushrooms are federally illegal. Under federal law, psilocybin is classified as a Schedule I controlled substance, which means that it is deemed to have no medicinal benefit and a high potential for abuse and addiction. Possession of psilocybin can result in large fines and prison sentences. However, smaller-scale offences are often handled at the state level, and laws vary across states. As a result, some states have legalised or decriminalised magic mushrooms.
In November 2020, Oregon became the first US state to legalise and decriminalise psilocybin for supervised non-medical use. However, much of the measure decriminalising psilocybin was repealed in 2024, effectively recriminalising it. In 2021, Denver, Colorado, became the first city in the US to decriminalise psilocybin mushrooms. This meant that police would not focus resources on prosecuting people for their use or possession, but it did not legalise the mushrooms. Colorado later passed a measure in 2022 to legalise psilocybin for medical use and decriminalise it.
Other cities that have decriminalised psilocybin include Oakland, California; Washtenaw County, Michigan; Somerville, Massachusetts; Cambridge, Massachusetts; Jefferson County, Washington; Berkeley, California; Minneapolis, Minnesota; and Olympia, Washington. In some of these cities, the enforcement of psychedelics' illegality is the lowest priority for law enforcement.
While the legal status of magic mushrooms is changing in some states and cities, it remains illegal under federal law. This has resulted in ambiguity and selective enforcement in some places. For example, spores of psilocybin mushrooms are legal to possess in many areas because they do not contain psilocybin. However, possessing these spores could be considered an intent to cultivate psilocybin mushrooms, which is punishable under state or federal law.
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Oregon was the first US state to legalise and decriminalise magic mushrooms in 2020
On 3 November 2020, Oregon became the first US state to legalise and decriminalise psilocybin, or "magic mushrooms", for mental health treatment. The ballot measure, known as Measure 109, passed with 56.12% of the vote.
Measure 109 allows the Oregon Health Authority to license and regulate the manufacturing, transportation, and sale of psilocybin products. It also authorises the creation of psilocybin service centres, where anyone over 21 can consume the mushrooms under supervision. A state-certified facilitator must be present during the drug-induced journeys, which can last several hours.
The legalisation of psilocybin in Oregon is significant because it represents a shift in drug policy and a recognition of the potential therapeutic benefits of the substance. Research at various universities has shown promising results for psilocybin therapy in treating depression, PTSD, addiction, and other mental health conditions. However, there are still concerns about the lasting side effects of misuse, and more research is needed to determine how and by whom it can be used safely.
While Oregon was the first state to legalise psilocybin statewide, several cities, including Denver, Colorado, had previously decriminalised the substance. In 2022, Colorado became the second state to decriminalise psilocybin mushrooms, and other jurisdictions, such as the Canadian province of Alberta, have also begun to regulate and allow the use of psilocybin for medicinal purposes.
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Colorado became the second US state to decriminalise magic mushrooms in 2022
In 2022, Colorado became the second US state to decriminalize psilocybin, or "magic," mushrooms. This was the result of a ballot initiative, Proposition 122, passed by Colorado voters in November 2022. The initiative decriminalized the possession, growing, and sharing of five psychedelics, including psilocybin and psilocin, for personal use by those aged 21 and over. It also legalized state-regulated "healing centers" where the drugs can be administered under supervision.
The move followed a similar decriminalization measure in Oregon in 2020, which became the first state to legalize the therapeutic, supervised use of psilocybin. However, Oregon's measure allowed counties to opt out of the program if their constituents voted to do so. In contrast, Colorado's initiative will take effect in 2024 and is expected to establish a more comprehensive regulated system for substances like psilocybin and psilocin.
Proponents of decriminalization argue that naturally occurring psychedelics have been used for hundreds of years and can effectively treat mental health conditions such as depression, PTSD, anxiety, and addiction. They also criticize the criminalization of these substances as a waste of taxpayer money, as it results in the jailing of people for non-violent offenses.
Despite these arguments, the decriminalization of psilocybin mushrooms remains controversial. Some have expressed concern about the potential for abuse and the unknown risks associated with these substances. In addition, the legalization or decriminalization of psilocybin varies at the state level, creating a complex legal landscape in the US. While some states and cities have moved towards decriminalization, federal law still classifies psilocybin as a Schedule I controlled substance with no accepted medical use and a high potential for abuse.
The impact of decriminalization is also being studied, with some research suggesting a link between decriminalization and increased usage among young people. For example, a study of poison control center data found a sharp rise in calls related to psilocybin following its decriminalization in several US cities and states.
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Canada's Alberta province allows the use of magic mushrooms for medicinal purposes
Magic mushrooms, or "shrooms", are fungi that contain the hallucinogenic compounds psilocybin and psilocin. They are widely available online and in certain stores, and their effects are similar to LSD. The use of magic mushrooms for medicinal purposes is a highly debated topic, with ongoing research and changing legislation.
In Canada, magic mushrooms are illegal under the Controlled Drugs and Substances Act (CDSA) and are listed as Schedule I drugs. However, as of January 2023, the province of Alberta has taken a progressive step by becoming one of the first to regulate and allow the use of psilocybin and other psychedelic substances for medicinal purposes in drug-assisted psychotherapy. This move reflects an evolving attitude towards the therapeutic potential of these substances.
Prior to Alberta's decision, there were limited ways to access magic mushrooms legally in Canada. One option was through Health Canada's Special Access Program, which permits healthcare practitioners to request access to drugs with therapeutic potential that are not yet authorized for sale in Canada. This program is intended for patients with serious or life-threatening conditions who have not responded to conventional treatments. Additionally, individuals could participate in clinical trials involving magic mushrooms for scientific research purposes, as psilocybin is provided legally as part of these trials.
While the decision by Alberta to allow the use of magic mushrooms for medicinal purposes is a significant development, it is important to note that the sale, production, and possession of these substances remain illegal in most parts of Canada under the CDSA. The enforcement of these laws has been selective, with some mushroom dispensaries openly operating in Vancouver and other cities. However, there have been recent police raids and discussions around creating a regulatory framework for these dispensaries.
The legal status of magic mushrooms in Canada is evolving, and it is possible that other provinces may follow Alberta's lead in the future. The ongoing research and changing public perception of psilocybin's therapeutic benefits will likely influence the direction of legislation. However, as of now, the use of magic mushrooms in Canada is largely restricted to specific medical contexts with special permission from Health Canada.
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Germany has specifically criminalised the possession of magic mushroom spores
Germany has taken a hard stance on the possession and use of psychedelic substances, including magic mushrooms. While the spores of psilocybin mushrooms do not contain the drug itself, Germany has specifically criminalised the possession of magic mushroom spores since 1998. This decision was made to prevent the cultivation and use of magic mushrooms, which are illegal in Germany.
The German authorities consider psilocybin, the active compound found in magic mushrooms, to be a Class 1 substance, indicating that it has no immediate medical value. As a result, substances in this class are illegal for the general public but may be studied with special permission from the German authorities.
The penalties for possessing magic mushrooms in Germany can be severe, with convicted individuals facing hefty fines of up to 5000 euros or more, and even prison sentences of up to five years. The specific penalties depend on factors such as criminal history, the amount of the substance confiscated, and the intent to supply or produce.
Despite the risks, some vendors still ship magic mushroom spores to Germany, and it is not illegal to purchase spores for microscopy (the study of organisms under microscopes). However, customs have the right to seize packages if they suspect they will be used for illicit activities.
Germany's strict drug laws are in contrast to the evolving legislation in other parts of the world, such as the US, Canada, and Australia, where there is a growing recognition of the medicinal value of psilocybin and other psychedelic substances.
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Frequently asked questions
Magic mushrooms are legal for medicinal purposes in some places, including Oregon, Colorado, and the Canadian province of Alberta.
Magic mushrooms have been decriminalized in several US cities and states, including Denver, Colorado, Oregon, and Washington, DC.
The Canadian Controlled Drugs and Substances Act of 1996 prohibits psilocybin, the active compound in magic mushrooms. However, in 2023, the province of Alberta became the first in Canada to regulate and allow the use of psilocybin for medicinal purposes.
Magic mushrooms are illegal in the UK under the Misuse of Drugs Act 1971.
