Emily Johnson
The regulation of mushrooms varies across the world. Psilocybin mushrooms, commonly known as magic mushrooms, are regulated or prohibited in many countries. While the United Nations Convention on Psychotropic Substances, adopted in 1971, 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. National drug laws, such as the UK Misuse of Drugs Act 1971 and the US Psychotropic Substances Act of 1978, have been amended to reflect the terms of the convention, resulting in the prohibition of psilocybin mushrooms in these countries. However, there is ambiguity and selective enforcement in some places, with some US states and German jurisdictions specifically enacting laws to criminalize the possession of psilocybin mushroom spores. In recent years, there has been a growing movement to decriminalize psilocybin mushrooms in the United States, with cities like Denver, Colorado, and Oakland, California, leading the way. Additionally, countries like Canada and Australia have made strides towards regulating psilocybin for medicinal purposes. The regulation of mushrooms also extends beyond the context of drug laws, with organizations like the Mushroom Council and the American Mushroom Institute providing guidance and promoting research in the mushroom industry.
| Characteristics | Values |
|---|---|
| Psilocybin mushrooms are regulated by | US Psychotropic Substances Act, UK Misuse of Drugs Act 1971, Canadian Controlled Drugs and Substances Act, Japanese Narcotics and Psychotropics Control Law, Australian Poisons Standard |
| UN treaties regulate psilocybin mushrooms? | No |
| UN Convention on Psychotropic Substances regulates psilocybin mushrooms? | Yes, but not the mushrooms containing the drug due to pressure from the Mexican government |
| US federal classification of psilocybin | Schedule I controlled substance, "no accepted medical use and a high potential for abuse" |
| US federal law banning psilocybin | Controlled Substances Act (1970) |
| US state laws banning possession of psilocybin mushroom spores | California, Georgia, Idaho, Germany |
| US state laws allowing possession of psilocybin mushrooms | Colorado, District of Columbia, Michigan, Massachusetts, Washington, Oregon |
| US states/cities that have decriminalized psilocybin | Denver, Oakland, Santa Cruz, Seattle, Washtenaw County, Somerville, Cambridge, Northampton, Arcata |
| US state laws on cultivation of psilocybin mushrooms | New Mexico- ruled that growing does not qualify as "manufacturing" a controlled substance |
| US federal law on unlicensed possession, manufacture, or sale of psilocybin | Drug Abuse Control Amendments of 1965 |
| US federal agency regulating mushroom promotion and research | Agricultural Marketing Service (AMS) |
| US state with laws on commercial sale of psilocybin | Commercial sale still illegal in California |
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What You'll Learn
Psilocybin mushroom legality in the US
Psilocybin mushrooms, commonly known as "magic mushrooms", 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 drugs that have no recognized medical uses. However, the UN convention does not specifically include psilocybin mushrooms, and they are not regulated by UN treaties. Nonetheless, many countries have some level of regulation or prohibition, including the US.
In the United States, psilocybin and psilocin were first subjected to federal regulation by the Drug Abuse Control Amendments of 1965, an amendment to the federal Food, Drug and Cosmetic Act. The 1970 Controlled Substances Act further classified psilocybin as a Schedule I controlled substance, and it is federally illegal to possess, use, or sell psilocybin mushrooms. Despite this, there has been ambiguity and selective enforcement in some places, with some US state courts considering the mushrooms a "container" of the illicit drugs. Additionally, spores of psilocybin mushrooms, which do not contain psilocybin or psilocin, are legal to possess in many areas, including some US states.
In recent years, there has been a growing movement to decriminalize psilocybin mushrooms in the US, with advocates citing research that suggests the drug is non-addictive and causes fewer emergency visits compared to other illegal drugs. In 2019, Denver, Colorado, became the first city in the US to decriminalize psilocybin mushrooms, with other cities like Oakland and Santa Cruz, California, following suit in 2019 and 2020, respectively. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use, although much of this measure was repealed in 2024. In 2022, Colorado became the second state to decriminalize psilocybin mushrooms. As of 2024, decriminalization efforts have not included synthetic psychedelics.
At the state level, some variations in the legal status of psilocybin mushrooms exist. For example, in 2020, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act, which allows for the possession and non-profit gifting or distribution of psilocybin mushrooms. Other jurisdictions, like Washtenaw County, Michigan, and several cities in Massachusetts, have also moved to decriminalize psilocybin mushrooms. However, states like California, Georgia, and Idaho have specifically prohibited the sale and possession of psilocybin mushroom spores, and cultivation is often considered drug manufacture and penalized.
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UN treaties and psilocybin mushrooms
Psilocybin mushrooms, commonly known as "magic mushrooms", are not regulated by UN treaties. However, the United Nations Convention on Psychotropic Substances (adopted in 1971) requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions. The convention does not specifically mention psilocybin mushrooms, due in part to pressure from the Mexican government.
Despite the absence of specific regulations for psilocybin mushrooms in UN treaties, many countries have enacted laws prohibiting or regulating their use. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act all address psilocybin mushrooms to varying degrees. In the United States, psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, which amended the federal Food, Drug and Cosmetic Act. Psilocybin is federally classified as a Schedule I controlled substance, indicating no accepted medical use and a high potential for abuse.
The legal status of psilocybin mushrooms varies across US states. Some states, like California, Georgia, and Idaho, have specifically prohibited the sale and possession of psilocybin mushroom spores. In contrast, other states, such as New Mexico, have ruled that growing psilocybin mushrooms does not constitute "manufacturing" a controlled substance. Additionally, several cities and states have moved towards decriminalizing psilocybin mushrooms, including Denver, Colorado; Oakland and Santa Cruz, California; Washington, D.C.; Somerville, Cambridge, and Northampton, Massachusetts; Seattle, Washington; and Detroit, Michigan. Oregon became the first state to decriminalize psilocybin and legalize its supervised use. However, much of the decriminalization measure was repealed in 2024, effectively recriminalizing the substance.
Outside of the United States, there have also been moves towards decriminalization and regulated use of psilocybin mushrooms. For example, the District of Columbia passed the Entheogenic Plant and Fungus Policy Act of 2020, which allows for the possession and non-profit distribution of psilocybin mushrooms. Similarly, the Canadian province of Alberta has announced plans to regulate and permit the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. Other countries, like Germany, have criminalized the possession of psilocybin mushroom spores.
While the UN treaties do not specifically regulate psilocybin mushrooms, the interpretation and implementation of these treaties by individual countries have led to a patchwork of laws and regulations regarding the status of psilocybin mushrooms worldwide.
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National drug laws and their ambiguity
National drug laws and their implementation have historically been ambiguous, especially in the case of psilocybin mushrooms. While the United Nations Convention on Psychotropic Substances, adopted in 1971, 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. This has led to varying degrees of regulation and prohibition of psilocybin mushrooms across different countries.
In the United States, psilocybin and psilocin were first regulated by the Drug Abuse Control Amendments of 1965, which amended the federal Food, Drug and Cosmetic Act. However, the statutes did not explicitly list the hallucinogenic drugs being regulated, leading to ambiguity and exemptions from prosecution. The Controlled Substances Act (CSA) places substances under five schedules based on medical use, potential for abuse, and safety, but the process for adding or removing substances from these schedules can be complex and involve multiple government agencies.
Many US state courts have considered psilocybin mushrooms a "container" of illicit drugs, making them illegal. However, there is ambiguity regarding the legal status of the mushroom spores, which do not contain the drugs and are legal to possess in many areas. This has led to a thriving underground economy and social networks supporting the illicit trade. Additionally, some states, like New Mexico, have ruled that growing psilocybin mushrooms does not qualify as "manufacturing" a controlled substance, further complicating the legal landscape.
The movement to decriminalize psilocybin mushrooms in the US began in 2019, with Denver, Colorado, becoming the first city to do so. Since then, several other cities and states have followed suit, with Oregon becoming the first state to decriminalize and legalize the supervised use of psilocybin. However, in 2024, much of the measure decriminalizing psilocybin in Oregon was repealed, effectively recriminalizing it. Internationally, countries like Canada and Australia have also made moves to regulate and allow the use of psilocybin for medicinal purposes.
The ambiguity and selective enforcement of drug laws have been criticized for their discriminatory impact on marginalized communities, with calls to end the "War on Drugs" and treat drug use as a health issue rather than a criminal problem. The harsh sentencing policies resulting from the War on Drugs have contributed to the swelling of the US prison population and the disproportionate targeting of communities of color. Efforts to reform drug laws, such as the Fair Sentencing Act of 2010 and the First Step Act in 2018, aim to address these disparities and reduce the focus on punitive measures for drug offenses.
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Decriminalisation efforts in the US
Psilocybin mushrooms, commonly known as "magic mushrooms", are regulated by laws at various levels of government in the United States. At the federal level, psilocybin is a Schedule I controlled substance, deemed to have "no accepted medical use and a high potential for abuse". The possession and use of psilocybin mushrooms are prohibited by federal law, and the mushrooms are listed as a Schedule 1 drug.
However, there has been a growing movement in the United States to decriminalize psilocybin mushrooms, with advocates citing the drug's non-addictive nature and low rates of emergency visits compared to other illegal drugs. Additionally, research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence. Decriminalization advocates also argue that law enforcement resources could be better spent on higher priorities such as violent crime.
The movement to decriminalize psilocybin in the United States began in 2019, with Denver, Colorado, becoming the first city to decriminalize the substance in May of that year. This was achieved through a ballot initiative that narrowly won with 50.6% of the vote. The initiative prohibited Denver from using resources to prosecute individuals for the use or possession of psilocybin mushrooms, but it did not legalize the substance. The law applies to adults over the age of 21.
Following Denver's lead, several other cities across the United States have also moved to decriminalize psilocybin through ballot initiatives or city council votes. These include Oakland, Santa Cruz, and Ann Arbor, California; Washington, D.C.; Somerville, Massachusetts; Cambridge, Massachusetts; Northampton, Massachusetts; Seattle, Washington; Arcata, California; and Detroit, Michigan. In November 2020, Oregon became the first state to decriminalize psilocybin and legalize its supervised use after voters passed a ballot measure. However, much of this measure was repealed in 2024, effectively recriminalizing the substance.
In addition to these decriminalization efforts, there have also been calls for the legalization of psilocybin mushrooms, particularly in California. In 2017, Kevin Saunders, a mayoral candidate for the city of Marina, California, filed a proposal to exempt adults over the age of 21 from any penalties related to possessing, growing, selling, or transporting psychedelic psilocybin mushrooms. This proposal, known as the California Psilocybin Legalization Initiative, aimed to place the issue on the statewide ballot. While this specific effort did not succeed, California has since decriminalized psilocybin mushrooms, with cities like Oakland and Santa Cruz leading the way.
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The regulation of the mushroom industry
The American Mushroom Institute (AMI) provides worker training materials to help meet FDA standards, and at least one supervisor must complete food safety training using an FDA-approved curriculum. The industry-driven standards established in the Mushroom Good Agricultural Practices (MGAP) program generally meet or exceed FDA requirements. However, some mushroom growers may be affected by the Preventive Controls Rule if their buyers are required to develop supply chain food safety standards.
In terms of organic mushrooms, the Agricultural Marketing Service (AMS) has proposed amendments to establish specific standards for organic mushroom production and handling. These standards aim to address inconsistencies and uncertainties in the market, promote investment and market growth, and protect the integrity of the organic seal by building customer trust. The proposed rule would add definitions, create a Mushroom Production Practice Standard section, and require the use of organic mushroom spawn and substrate when available.
Regarding the regulation of psilocybin mushrooms, or "magic mushrooms", the United Nations Convention on Psychotropic Substances (1971) requires its members to prohibit psilocybin. While the mushrooms themselves were not included in the convention due to pressure from the Mexican government, most national drug laws have been amended to reflect the terms, including the US Psychotropic Substances Act of 1978, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act. Psilocybin mushrooms are considered to have a high potential for abuse and no recognized medical uses, though they have been used medicinally and religiously in many cultures. In some jurisdictions, the sale and possession of psilocybin mushrooms and spores are prohibited, and their cultivation is considered drug manufacture. However, there are moves to decriminalize psilocybin mushrooms in some places, such as the US state of Colorado, and the Canadian province of Alberta has allowed their use for medicinal purposes.
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Frequently asked questions
Psilocybin mushrooms are federally classified as a Schedule I controlled substance in the US, meaning they have "no accepted medical use and a high potential for abuse." However, there are some states and cities that have decriminalized the use and possession of psilocybin mushrooms, including Oregon, Denver, Colorado, Oakland, Santa Cruz, and Washington, D.C.
Yes, in October 2022, the Canadian province of Alberta announced it would regulate and allow the use of psilocybin for medicinal purposes in drug-assisted psychotherapy. In February 2023, Australia approved the use of psilocybin in prescription medications for the treatment of PTSD and treatment-resistant depression.
Psilocybin mushrooms are not specifically regulated by UN treaties. However, the United Nations Convention on Psychotropic Substances, adopted in 1971, requires its members to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions.
