Emily Johnson
The decriminalization of psilocybin mushrooms, also known as magic mushrooms, has gained momentum in recent years, with an increasing number of cities, counties, and states in the United States advocating for policy changes. This shift is driven by growing scientific research highlighting the therapeutic and medicinal benefits of psychedelics, as well as the rapid legalization of cannabis. As of 2025, various locations across the United States have successfully decriminalized psilocybin, including Denver, Colorado; Oakland, Santa Cruz, and several other cities in California; the District of Columbia; Washtenaw County, Michigan; Somerville, Cambridge, and Northampton in Massachusetts; Seattle, Washington; Arcata, California; Olympia, Tacoma, and other cities in Washington State; and Oregon. The movement is largely based on the concept of grow, gather, and gift, promoting community access to plants with medicinal and spiritual qualities without the involvement of pharmaceutical companies or regulatory frameworks. While this trend is gaining traction, concerns have been raised about the potential increase in substance use disorders, psychedelic-related emergencies, and the cost and equity of accessing psychedelic treatments.
| Characteristics | Values |
|---|---|
| Places that have decriminalized mushrooms | Denver, Colorado; Oakland, California; Santa Cruz, California; District of Columbia; Washtenaw County, Michigan; Somerville, Massachusetts; Cambridge, Massachusetts; Northampton, Massachusetts; Seattle, Washington; Arcata, California; Olympia, Washington; Tacoma, Washington; Oregon; Jamaica; Nepal; Detroit; Seattle |
| Year of decriminalization | 2019-2025 |
| Organizations involved | Decriminalize Nature Massachusetts; Bay Staters for Natural Medicine; REACH Washington; Port Townsend Psychedelic Society; UC Berkeley Center for the Science of Psychedelics; Psychedelic Alpha; Calyx Law |
| Notable people involved | Michael Pollan; Mason Marks |
| Reasons for decriminalization | Medicinal and therapeutic potential; low risk of drug use; community and equitable access |
| Concerns | Increase in substance use disorders; increase in psychedelic-related emergencies; cost and equity; control by pharmaceutical companies |
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What You'll Learn
- Denver, Colorado, became the first US city to decriminalize psilocybin mushrooms
- Oakland, California, decriminalized psilocybin in 2019
- Oregon was the first US state to decriminalize psilocybin
- Jamaica has no law surrounding psilocybin
- Santa Cruz, California, decriminalized adult possession and cultivation of psilocybin
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. This initiative did not legalize mushrooms but prohibited Denver from using any resources to prosecute people for their use or possession. This law only applies to adults over the21 years of age.
The decriminalization of psilocybin mushrooms in Denver, Colorado, is part of a growing movement in the United States to legalize psychedelic substances. This movement has been influenced by the rapid legalization of cannabis in the country and the increasing scientific research on the therapeutic and medicinal potential of psychedelics. Advocates for decriminalization argue that criminalization creates more harm than good, as it discourages people from seeking help from doctors and other medical professionals.
Psilocybin is a psychedelic drug naturally produced by psilocybin mushrooms, commonly known as "magic mushrooms." It is federally classified as a Schedule I controlled substance in the United States, which means it is considered to have "no accepted medical use and a high potential for abuse." Despite federal prohibition, some states and cities have taken steps to decriminalize psilocybin mushrooms, recognizing its potential therapeutic benefits.
Following Denver's lead, other cities and states in the United States have also moved towards decriminalization. In June 2019, Oakland, California, became one of the first US cities to decriminalize psilocybin after testimonies from individuals sharing their positive experiences with the drug. In November 2020, the District of Columbia passed Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020, which decriminalized psychedelic drugs, including magic mushrooms. In January 2021, Washtenaw County, Michigan, followed suit, and several cities in Massachusetts voted to decriminalize the possession of entheogenic plants, including psilocybin mushrooms.
While there are concerns about potential increases in substance use disorders and psychedelic-related emergencies, psilocybin is not considered addictive, and emergency department visits for "bad trips" are relatively rare. Additionally, the legalization of psilocybin in Oregon, the first state to do so, has resulted in an 87% reduction in psilocybin-related arrests between February and August 2021.
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Oakland, California, decriminalized psilocybin in 2019
In June 2019, Oakland, California, became the second city in the United States to decriminalize psilocybin mushrooms, commonly known as "magic mushrooms". The Oakland City Council unanimously passed a resolution that decriminalized the possession and use of entheogenic or psychoactive plants and fungi, including magic mushrooms, cacti, and iboga. This resolution was influenced by testimonies from thirty individuals who shared their prior experiences with psilocybin.
The initiative did not legalize mushrooms but directed law enforcement to make arresting or investigating adults who use these substances the lowest priority and stated that the county should not prosecute people for their possession or use. This aligns with the broader definition of "decriminalization," which implies that people can possess or use a small amount of the substance despite its illegality, without facing prosecution or arrest.
Supporters of the resolution in Oakland argued that psilocybin mushrooms have medical and spiritual benefits and have been historically used by various cultures for healing rituals. They advocated for the therapeutic potential of these substances, aiming to "restore the community's relationship with nature." This movement also draws parallels with the rapid legalization of cannabis across the United States, indicating a shift in attitudes towards controlled substances.
The decriminalization of psilocybin in Oakland, California, is part of a growing trend in the United States and beyond. Other cities that have followed suit include Denver, Colorado; Santa Cruz, California; Somerville, Massachusetts; Cambridge, Massachusetts; Northampton, Massachusetts; Seattle, Washington; and Olympia, Washington. Additionally, countries like Jamaica, where psilocybin was never illegal, and Canada, which has been expanding access to psychedelic substances, further demonstrate the increasing acceptance of these substances worldwide.
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Oregon was the first US state to decriminalize psilocybin
Psilocybin is a psychedelic drug naturally produced by psilocybin mushrooms. In the US, it is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse". It was banned by the 1970 Controlled Substances Act.
The decriminalization of psilocybin in Oregon means that arrests and prosecutions for possession or use are no longer a priority for law enforcement. This has resulted in a significant reduction in psilocybin-related arrests. However, commercial sale of the drug is still illegal.
The legalization and decriminalization of psilocybin in Oregon have sparked similar efforts in other US cities and states, including Washington, California, Colorado, Michigan, Massachusetts, and Washington, D.C. The increasing support for decriminalization coincides with growing scientific research on the therapeutic and medicinal potential of psychedelics.
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Jamaica has no law surrounding psilocybin
Jamaica has become a popular destination for psychedelic tourism due to its lack of laws surrounding psilocybin. Magic mushrooms have never been illegal in the country, and Jamaica's government has never outlawed the hallucinogenic fungus. This runs counter to the conservative outlook of the country, where traditional Christian values dominate over the liberal Rastafari ideas that foreigners often associate with the island.
Jamaica is now cultivating investors to build up its psychedelics industry, which, according to estimates, could be worth $8 billion globally by 2028. The country currently has at least four psilocybin-focused resorts, three of which opened recently as the government has warmed to psychedelics. Jamaica Promotions Corporation (JAMPRO) has stated that it seeks "to position Jamaica as a primary destination for research and development, particularly in the use of the mushroom for developing treatments, and also the potential for export."
The UC Berkeley Center for Psychedelic Sciences reports that psilocybin is legal in Jamaica. However, the global legal and political support for the decriminalization of psychedelics is growing as scientific research on the therapeutic and medicinal potential of psychedelics increases. As of August 2024, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA.
While Jamaica has no law surrounding psilocybin, the substance is illegal in most parts of Europe and the United States, where it is federally classified as a Schedule I controlled substance with "no accepted medical use and a high potential for abuse." However, some cities in the United States, such as Denver, Colorado, and Oakland, California, have decriminalized psilocybin mushrooms, prohibiting the use of resources to prosecute people for their use or possession.
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Santa Cruz, California, decriminalized adult possession and cultivation of psilocybin
Santa Cruz, California, became the third city in the United States to decriminalize psilocybin mushrooms in January 2020. The unanimous ruling by the Santa Cruz City Council means that the adult possession and cultivation of psilocybin mushrooms are now a low priority for law enforcement in the city. This decision was influenced by compelling psychedelic research from Johns Hopkins University, which examined the positive effects of psilocybin on alcoholics and terminally ill patients facing end-of-life anxiety.
The decriminalization of psilocybin in Santa Cruz is part of a growing movement across the United States and globally to decriminalize and legalize psychedelics. As of June 2024, various cities in the US have decriminalized psilocybin, including Denver, Oakland, Ann Arbor, Washington D.C., Somerville, Cambridge, Northampton, Seattle, Detroit, Olympia, and Tacoma. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use.
The movement to decriminalize psilocybin has been influenced by the rapid legalization of cannabis in the United States and the expansion of psychedelic tourism in countries like Jamaica, where psilocybin is not illegal. Advocates for decriminalization argue that criminalization creates more harm than good and that decriminalization will allow more people to seek treatment for substance use disorders.
However, critics of decriminalization argue that it is premature to make decisions before researchers have completed their work on understanding the risks and consequences of unrestricted use. While the possession and cultivation of psilocybin mushrooms for personal use may be decriminalized in some places, it is important to note that the commercial sale of psilocybin is still illegal in most places. Additionally, decriminalization efforts have not included synthetic psychedelics such as LSD and MDMA.
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Frequently asked questions
Oregon was the first state to decriminalize psilocybin and legalize its supervised use in licensed facilities in 2020.
Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms in May 2019.
Magic mushrooms have never been illegal in Jamaica.
In Nepal, psychedelics such as psilocybin are not explicitly mentioned in the country's Narcotic Drugs (Control) Act 2033.
