Laura Smith
Magic mushrooms, or mushrooms containing psilocybin, are illegal in many countries due to their classification as a Schedule I drug with a high potential for abuse and no currently accepted medical use. However, there is growing interest in researching the therapeutic benefits of psilocybin, and some jurisdictions have begun to decriminalize or regulate the use of magic mushrooms for medicinal purposes. The legal status of psilocybin mushrooms is evolving, with ongoing debates and research surrounding their potential benefits and risks.
| Characteristics | Values |
|---|---|
| Reason for ban | Magic mushrooms contain the Schedule I drugs psilocybin and psilocin, which have "a high potential for abuse", "no currently accepted medical use", and "a lack of accepted safety". |
| Current legal status | In most countries, psilocybin remains illegal and strictly controlled. However, some countries such as Jamaica never made magic mushrooms illegal, and in others, the law is not enforced. |
| Changes to legal status | An international push is being made to get the drug reclassified. Several US cities and states have passed measures decriminalizing magic mushrooms, and Oregon has passed legislation to decriminalize and regulate therapeutic use. In 2022, Australia approved psilocybin for use in prescription medications for PTSD and treatment-resistant depression. |
| Medical use | There is ongoing research into the potential of psilocybin to treat various mental health disorders such as anxiety, depression, obsessive-compulsive disorder, and problematic substance use. |
| Risks | There is a risk of confusing magic mushrooms with poisonous mushrooms. Using magic mushrooms can lead to short-term mental and physical effects, such as heightened emotions and senses, hallucinations, and an altered state of consciousness. There is also a risk of a "bad trip", particularly at high doses, which can include paranoia and loss of boundaries. |
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What You'll Learn
- Magic mushrooms are classified as Schedule I drugs with no medical use
- The US, UK, Canada, and Japan have laws prohibiting psilocybin mushrooms
- The Netherlands has banned mushrooms but not the truffles from which they sprout
- Some countries ban mushrooms but not their spores, which don't contain psilocybin
- Oregon was the first jurisdiction to decriminalise and regulate therapeutic use
Magic mushrooms are classified as Schedule I drugs with no medical use
Magic mushrooms, or psilocybin mushrooms, are classified as Schedule I drugs, which means they are considered to have "no currently accepted medical use" and a "lack of accepted safety". They are also labelled as "hallucinogens" under the Comprehensive Drug Abuse Prevention and Control Act, also known as the Controlled Substances Act. This Act categorises drugs with the potential for abuse based on criteria such as whether they have accepted medical use and safety.
Schedule I drugs are illicit and claimed to have no known therapeutic benefit. However, this classification is being challenged by researchers at Johns Hopkins, who suggest that psilocybin should be reclassified as a Schedule IV drug, similar to prescription sleep aids, if it clears phase III clinical trials. This reclassification would acknowledge the drug's potential therapeutic benefits and lower barriers to research.
The legal status of psilocybin mushrooms varies worldwide, with many countries having some level of regulation or prohibition. For example, the US Psychotropic Substances Act, the UK Misuse of Drugs Act 1971, and the Canadian Controlled Drugs and Substances Act have all been amended to reflect the terms of the United Nations Convention on Psychotropic Substances, which requires its members to prohibit psilocybin. However, due to pressure from the Mexican government, the convention does not specifically include the mushrooms containing psilocybin, only the pure compound.
While the possession and use of psilocybin are prohibited under most circumstances and often carry severe legal penalties, there is ambiguity and selective enforcement in some places. For example, in the United States, there is a loophole where the spores of psilocybin mushrooms, which do not contain the drug, are legal to possess in many areas, leading to an underground economy for their sale and cultivation. Additionally, some US cities and states, such as Oregon, Colorado, and the District of Columbia, have passed measures to decriminalise magic mushrooms, prioritising treatment and regulation over criminalisation.
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The US, UK, Canada, and Japan have laws prohibiting psilocybin mushrooms
Psilocybin mushrooms, also known as "magic mushrooms", are some of the most powerful hallucinogenic mushrooms. They have been used for thousands of years, with over 200 species of magic mushrooms existing today. The active ingredients in magic mushrooms are chemicals called psilocybin and psilocin, which are controlled substances under international law. According to the United Nations Convention on Psychotropic Substances (1971), signatory countries are required to prohibit psilocybin and restrict its use to medical and scientific research under controlled conditions.
In the UK, the Misuse of Drugs Act 1971 is in line with the UN convention, prohibiting the possession and use of psilocybin. Canada has also criminalized psilocybin mushrooms under the Controlled Drugs and Substances Act (CDSA), making activities such as sale, possession, and production illegal without authorization. Similarly, Japan's Narcotics and Psychotropics Control Law of 2002 reflects the UN convention's requirements.
While these countries have laws prohibiting psilocybin mushrooms, there is ongoing research and a growing social acceptance that is contributing to legal changes. Studies have reported positive findings using psilocybin for treating depression, anxiety, and addiction. As a result, there is an international push to reclassify the drug to lower barriers to research and potentially allow for regulated therapeutic use.
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The Netherlands has banned mushrooms but not the truffles from which they sprout
The Netherlands has historically been known for its liberal drug policies. In the early 1990s, "smart shops" in the Netherlands started legally selling magic mushrooms and truffles. However, in 2008, the Dutch government banned the sale and cultivation of all hallucinogenic "magic" mushrooms. This decision was influenced by the death of a French teenager who, after consuming magic mushrooms, jumped from an Amsterdam bridge in 2007. The Dutch Health Ministry cited the dangerous and unpredictable behavioural effects of magic mushrooms, which could lead to risky behaviour.
While the sale of fresh and dried magic mushrooms was prohibited, the ban did not extend to magic truffles, which are the sclerotia of a fungus and were not explicitly included in the legislation. As a result, smart shop owners transitioned to selling fresh magic truffles instead. This legal loophole allowed people to continue experiencing the effects of psilocybin mushrooms legally.
The Netherlands is not alone in its complex legal status regarding psilocybin mushrooms. Across Europe, the cultural impact and acceptance of psilocybin mushrooms vary greatly. While some countries like Belgium and Germany have strict bans in place, others like Portugal and Spain are focusing on decriminalization and recognizing the therapeutic potential of psilocybin.
The future of psilocybin mushrooms in Europe looks promising, with ongoing scientific studies and increasing societal acceptance. It is likely that more countries will relax their laws to explore the therapeutic applications of psilocybin, potentially leading to broader legalization and regulated medical uses.
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Some countries ban mushrooms but not their spores, which don't contain psilocybin
The legal status of psilocybin mushrooms varies across different countries and jurisdictions. While some countries have specific laws banning the mushrooms, others focus on prohibiting the possession and use of psilocybin, the psychoactive compound found in these mushrooms. Interestingly, some countries ban mushrooms but not their spores, which do not naturally contain psilocybin.
In certain jurisdictions, the spores of psilocybin mushrooms are legal to possess and sell, as they do not inherently contain psilocybin or psilocin, the regulated substances. This distinction has led to a legal loophole in some places, including Germany and US states like California, Georgia, and Idaho, which have specifically criminalized the possession and sale of psilocybin mushroom spores. This ambiguity has resulted in an underground economy for spores and cultivation materials, often facilitated by internet-based social networks.
The legal status of psilocybin mushrooms and their spores is subject to ongoing changes and interpretations. For example, the United Nations Convention on Psychotropic Substances, adopted in 1971, requires members to prohibit psilocybin but notably does not mention the mushrooms themselves, largely due to pressure from the Mexican government. While most national drug laws have been amended to reflect this convention, the specific inclusion of mushrooms varies.
The therapeutic potential of psilocybin has sparked scientific interest and contributed to legal changes in some jurisdictions. Oregon, for instance, passed legislation in 2020 to decriminalize magic mushrooms and is working towards regulating their therapeutic use. Similarly, the District of Columbia enacted a policy in 2021 that allows for the possession and non-profit distribution of psilocybin mushrooms. These shifts reflect a growing recognition of the potential benefits of psilocybin in treating conditions such as depression, PTSD, and substance use disorders.
While the legal landscape surrounding psilocybin mushrooms and their spores is complex and evolving, it is important to note that the cultivation, sale, and consumption of these substances remain illegal in many places, with enforcement varying across jurisdictions.
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Oregon was the first jurisdiction to decriminalise and regulate therapeutic use
In November 2020, Oregon became the first jurisdiction to decriminalize and regulate the therapeutic use of psilocybin or "magic" mushrooms. The measure, called Ballot Measure 109, allows regulated use of psychedelic mushrooms in a therapeutic setting. It creates a two-year period during which regulatory details will be worked out, including what qualifications are required of therapists overseeing its use. The measure was spearheaded by Tom and Sheri Eckert, psychotherapists working in Portland who do individual, couples, and family counseling. They launched the Oregon Psilocybin Society as a way to craft and promote the measure, which would create a program for administering psilocybin to people over the age of 21. Clients will only be able to buy and consume psilocybin at specific facilities, under the supervision of a licensed facilitator. One key requirement is that a state-certified facilitator must be present during drug-induced journeys, which can last five or six hours.
The decision to overhaul Oregon's relationship with mind-altering compounds has already influenced other jurisdictions. In November 2020, Colorado voters approved a ballot measure that removes criminal penalties for possessing certain psychedelics, and similar ballot measures and reform legislation have been introduced in New York, Washington, and a dozen other states. Washington D.C., Seattle, and several other American cities have also moved to decriminalize psilocybin.
The growing body of research, including from Johns Hopkins University, has demonstrated therapeutic effects in people suffering from a range of conditions, including addiction, anxiety, and depression. The Food and Drug Administration (FDA) has granted “breakthrough therapy” status to two clinical trials. Psilocybin is thought to promote neuroplasticity, a rewiring of the brain that gives patients fresh perspectives on longstanding psychiatric problems. For example, one recent study on alcohol use disorder found that two doses of psilocybin paired with talk therapy led to an 83% decline in heavy drinking among participants, and that nearly half of them had stopped drinking entirely by the end of the eight-month trial.
Despite the growing scientific interest in psilocybin, it remains illegal at the federal level in the United States and is strictly controlled in most countries. Psilocybin was specifically banned in the United States on 24 October 1968, and on 27 October 1970, it became classified as a Schedule I drug with "no currently accepted medical use". While the legal status of psilocybin mushrooms has begun to shift in some jurisdictions, the drug remains illegal and carries severe legal penalties in most countries.
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Frequently asked questions
Magic mushrooms are banned due to the presence of psilocybin and psilocin, which are classified as Schedule I drugs. These substances are considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety.
Magic mushrooms can cause hallucinations and an altered state of consciousness. They can also heighten emotions and senses, leading to feelings of happiness and creativity. However, there is a risk of experiencing a ""bad trip", which may include paranoia, loss of boundaries, and a distorted sense of self.
No, the legal status of magic mushrooms varies by jurisdiction. While they are illegal in most countries, some places such as Oregon, Washington D.C., and Colorado in the U.S. have decriminalized them. Other countries like Jamaica and some jurisdictions allow the possession and use of psilocybin mushroom spores, which do not contain the psychoactive substances.
There is growing scientific interest in the therapeutic benefits of psilocybin, the main psychoactive compound in magic mushrooms. Studies have reported positive findings in using psilocybin to treat depression, anxiety, addiction, and other mental health disorders. This research, along with increasing social acceptance, is contributing to legal changes and decriminalization efforts worldwide.
One of the main risks is the potential for users to confuse magic mushrooms with poisonous mushrooms, as they can look very similar. Additionally, there is a risk of negative side effects, especially for individuals with certain physical or mental health conditions. It is important to note that the long-term effects of repetitive magic mushroom use have not been extensively studied.
