Michael Davis
The use, sale, and possession of psilocybin, found in psilocybin mushrooms, commonly known as magic mushrooms, are illegal under federal law in the United States. Psilocybin is a psychedelic drug naturally produced by psilocybin mushrooms and is classified as a Schedule I controlled substance with no accepted medical use and a high potential for abuse. Despite this, the push for decriminalization has gained momentum in recent years, with states like Oregon, Colorado, and cities like Denver, Oakland, and Ann Arbor leading the way. As of 2025, psilocybin is legalized in only two states: Oregon and Colorado.
| Characteristics | Values |
|---|---|
| First city in the US to decriminalize psilocybin mushrooms | Denver, Colorado |
| Date of decriminalization in Denver, Colorado | May 2019 |
| First US state to decriminalize and legalize psilocybin for supervised non-medical use | Oregon |
| Date of decriminalization in Oregon | November 2020 |
| Second US state to decriminalize psilocybin | Colorado |
| Date of decriminalization in Colorado | November 2022 |
| US state with limited exceptions for psilocybin | New Mexico |
| US state with protection for religious use of psilocybin | New Hampshire |
| US state with a task force to study therapeutic treatments involving psilocybin | Massachusetts |
| US state with a task force or funded research into the medical use of psilocybin | Texas, Utah, Washington, Maryland |
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What You'll Learn
- Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms
- Oregon was the first US state to decriminalize and legalize psilocybin
- Washington state reduced penalties for personal use and possession of psilocybin
- New Mexico ruled that growing psilocybin mushrooms does not count as manufacturing
- Oakland, California, decriminalized psilocybin after hearing testimonies from 30 individuals
Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms
In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms. The ballot initiative was successful with 50.6% of the vote. It is important to note that the initiative did not legalize mushrooms but prohibited Denver from using any resources to prosecute people for their use or possession. This law applies to adults over the age of 21.
The decriminalization of psilocybin mushrooms in Denver, Colorado, is significant as it represents a shift in the legal landscape surrounding psychedelic substances. Psilocybin, the active compound in these mushrooms, is classified as a Schedule I controlled substance under federal law, indicating a high potential for abuse and no accepted medical use. However, there is growing scientific research and support for the therapeutic and medicinal benefits of psilocybin. This has influenced legal and political attitudes, leading to an increasing number of states and cities considering decriminalization or legalization of psilocybin.
The movement to decriminalize psilocybin in Denver was inspired by the rapid legalization of cannabis across the United States. Advocates for decriminalization believe that psilocybin has the potential for therapeutic use, particularly in treating mental health conditions such as depression, anxiety, post-traumatic stress disorder (PTSD), and addiction. This aligns with traditional knowledge, as Indigenous populations have recognized the beneficial effects of psychedelics for centuries and incorporated them into spiritual rituals.
While Denver was the first city to decriminalize psilocybin mushrooms, other cities and states have since followed suit. In June 2019, Oakland, California, decriminalized psilocybin after hearing testimonies from individuals about their positive experiences with the substance. Santa Cruz, California, also joined the movement in January 2020 by decriminalizing the adult possession and cultivation of psilocybin. Additionally, Oregon became the first state to decriminalize and legalize psilocybin for supervised non-medical use in November 2020. The District of Columbia passed a similar initiative in the same month, decriminalizing psilocybin drugs and making arrests for possession or use the lowest priority for police.
The decriminalization of psilocybin mushrooms in Denver, Colorado, and other jurisdictions represents a changing legal landscape surrounding psychedelic substances. As research continues to uncover the therapeutic potential of psilocybin, it is likely that more states and cities will consider similar decriminalization or legalization measures. However, it is important to approach these substances with caution, as they can also carry risks, including the potential for negative experiences and adverse psychological effects.
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Oregon was the first US state to decriminalize and legalize psilocybin
In November 2020, Oregon became the first US state to decriminalize psilocybin and also legalize it for supervised non-medical use. This came after the Ballot Measure 109 passed with voters in the state. Psilocybin is a psychedelic drug naturally produced by psilocybin mushrooms, commonly known as "magic mushrooms".
The use, sale, and possession of psilocybin are illegal under federal law in the United States and it 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, Oregon's Ballot Measure 109 legalized the substance for supervised adult use.
The push for the decriminalization and legalization of psilocybin in Oregon was influenced by the rapid legalization of cannabis in the United States, as well as the growing scientific research on the therapeutic and medicinal potential of psychedelics. The legalization of psilocybin in Oregon sets a precedent for other states to follow and contributes to the shifting legal landscape regarding psychedelic substances.
It is important to note that the legalization of psilocybin in Oregon does not mean that it is legal for unrestricted use. There are still regulations and supervised settings in place to ensure safe and responsible use. Additionally, the commercialization and sale of psilocybin products are still heavily regulated and may not be widely available.
Oregon's pioneering move to decriminalize and legalize psilocybin has opened the door for further exploration and research into the therapeutic benefits of psychedelic substances. It has also sparked conversations about the potential for legalization in other states, with some already taking steps towards decriminalization and others considering regulatory systems for medical use.
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Washington state reduced penalties for personal use and possession of psilocybin
In the United States, psilocybin, a psychedelic drug produced naturally by psilocybin 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 under the 1970 Controlled Substances Act. However, there has been a growing movement to decriminalize psilocybin, with advocates pointing to the rapid legalization of cannabis in the country. This movement has gained momentum as scientific research on the therapeutic and medicinal potential of psychedelics has grown.
Washington State has been at the forefront of these efforts. In February 2021, a bill was introduced to the state House Legislature that would have made the personal use of any drug, including Schedule 1 drugs like psilocybin, legal at the state level. The bill aimed to address substance abuse disorder with behavioral health responses rather than prosecution. Additionally, in February 2021, a grassroots campaign called "Decriminalize Spokane" sought to decriminalize personal possession of up to 6 ounces of dried mushrooms for individuals over 21 in Spokane, Washington.
The City Council in Olympia, Washington, also took a significant step towards decriminalization in August 2024 when it passed a measure decriminalizing plant-based hallucinogens, including psilocybin mushrooms. Following this, in January 2025, the City Council in Tacoma, Washington, further reduced penalties for natural psychedelics containing tryptamines, phenethylamines, and indolamines. These actions at the city level indicate a growing trend towards reduced penalties for personal use and possession of psilocybin in Washington State.
While Washington State has made notable progress, it is important to note that Oregon was the first U.S. state to fully decriminalize psilocybin and legalize it for supervised non-medical use in November 2020. Other states and cities, including Colorado, California, Michigan, and Massachusetts, have also made strides towards decriminalization or legalization, indicating a broader shift in attitudes and policies regarding psilocybin mushrooms in the United States.
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New Mexico ruled that growing psilocybin mushrooms does not count as manufacturing
In the United States, the use, sale, and possession of psilocybin are illegal under federal law. Psilocybin is a psychedelic drug naturally produced by certain types of mushrooms, commonly known as "magic mushrooms". In the US, it is federally classified as a Schedule I controlled substance, which means it has no accepted medical use and a high potential for abuse.
Despite this, in 2004, New Mexico's Court of Appeals ruled that growing psilocybin mushrooms for personal use does not count as "manufacturing a controlled substance" under state law. This ruling came about as a result of the 2005 case of State of New Mexico vs David Ray Pratt. In practice, this means that psilocybin mushrooms are decriminalized in their natural growing state, but become controlled substances once they are picked and dried.
New Mexico is the only state where growing psilocybin mushrooms is not considered manufacturing a controlled substance. This has created some ambiguity about the legal status of psilocybin mushrooms, with some people choosing to grow their own mushrooms for personal use. However, it is important to note that possessing and distributing psilocybin mushrooms is still illegal in New Mexico and can result in felony charges.
In April 2025, New Mexico became the third state in the US to legalize access to psilocybin, after Oregon and Colorado. Governor Michelle Lujan Grisham signed the Medical Psilocybin Act into law, creating a legal pathway for patients to access psilocybin for medical purposes. The Act received bipartisan support and passed in both the House and the Senate with comfortable majorities. It is worth noting that the Act expressly excludes FDA-approved products containing psilocybin, except in the case of research conducted by state research universities or health care providers, and for qualified patients whose treatments may be funded through the medical psilocybin treatment equity fund.
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Oakland, California, decriminalized psilocybin after hearing testimonies from 30 individuals
In June 2019, 30 individuals testified before the city council in Oakland, California, about their experiences with psilocybin. Following the testimonies, the city council voted unanimously to decriminalize the drug, along with peyote. Oakland's resolution is broader than that of Denver, Colorado, which decriminalized the use and possession of mushrooms containing psilocybin. Oakland's resolution refers to "entheogenic plants" in general, encompassing not just the mushrooms but also other plants and fungi containing psychoactive substances.
The reform seems to have achieved its intended effect of preventing arrests for these substances. According to Carlos Plazola, co-founder of Decriminalize Nature, there have been no known arrests in Oakland for entheogens since the decriminalization. However, Savannah O'Neill of the National Harm Reduction Coalition (NHRC) points out that enforcement of psychedelics laws was already low before the reform, with only 19 cases of psilocybin confiscation reported by the OPD in five years.
The decriminalization movement in Oakland has led to increased educational efforts about entheogens, particularly within underserved communities, including veterans, unhoused individuals, and local organizations serving Black, Brown, and Asian communities. There has also been a reported increase in the home-growing of psilocybin for personal use since the reform.
The movement to decriminalize psilocybin in Oakland is part of a broader trend in the United States. As of June 2023, cities such as Ann Arbor, Michigan; Denver, Colorado; Seattle, Washington; and Olympia, Washington, have passed measures to decriminalize psilocybin mushrooms and, in some cases, other psychedelics derived from plants or fungi. Additionally, states like Texas, Utah, and Washington have funded research into the medical use of psilocybin, and Oregon became the first state to decriminalize and legalize psilocybin for supervised non-medical use in November 2020.
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Frequently asked questions
Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in May 2019. However, the state of Oregon was the first to legalize the drug for supervised non-medical use in November 2020.
Other states that have decriminalized psilocybin mushrooms include Washington, California, Michigan, Massachusetts, and New Mexico.
Decriminalization means that a drug remains illegal but law enforcement agencies are less likely to prosecute individuals, and penalties are significantly reduced or removed.
