
Psilocybin mushrooms, commonly known as magic mushrooms, are illegal in many parts of the world due to their classification as a hallucinogenic drug. The key ingredient in magic mushrooms, psilocybin, is a naturally occurring psychedelic that can induce hallucinations, altered perceptions, and strong emotions. While some jurisdictions have prohibited the sale and possession of psilocybin mushrooms, others have recognised their potential medicinal and therapeutic benefits, leading to legalisation for supervised mental health treatment or prescription by authorised psychiatrists for specific conditions. The legal status of psilocybin mushrooms varies globally, with ongoing debates and efforts to reclassify and regulate their use.
| Characteristics | Values |
|---|---|
| Legal status | Listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances |
| Illegal in Australia, the US, the UK, Canada, and Japan | |
| Legal for mental health treatment in supervised settings in Oregon | |
| Legal for specific medical uses in Australia | |
| Reasons for illegality | High potential for abuse |
| No recognized medical uses | |
| Used in drug manufacture | |
| Cause hallucinations and dangerous side effects | |
| Look similar to poisonous mushrooms | |
| Unpredictable effects when taken with other drugs | |
| Delayed headaches and flashbacks | |
| Potential for abuse | |
| Penalties | Imprisonment |
| Fine | |
| Criminal record |
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What You'll Learn
- International law: Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
- National laws: Many countries have laws prohibiting or regulating psilocybin mushrooms
- Medical use: Psilocybin has proven health benefits and is used to treat mental health conditions
- Indigenous use: Indigenous communities have used psilocybin mushrooms for over a thousand years
- Criminalisation: Possession and supply of psilocybin are criminalised and carry heavy penalties

International law: Psilocybin is a Schedule I drug under the UN Convention on Psychotropic Substances
Psilocybin and psilocin 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 recognised medical uses". The 1971 Convention requires its members to prohibit psilocybin, and parties to the treaty are required to restrict the use of the drug to medical and scientific research under strictly controlled conditions.
The mushrooms containing the drug were not specifically included in the convention, due largely to pressure from the Mexican government. However, the UN convention has had a significant influence on national drug laws, with many countries amending their legislation to reflect the terms of the convention. Examples include the UK Misuse of Drugs Act 1971, the US Psychotropic Substances Act of 1978, the Canadian Controlled Drugs and Substances Act of 1996, and the Japanese Narcotics and Psychotropics Control Law of 2002.
The possession and use of psilocybin are prohibited under almost all circumstances in these countries, and often carry severe legal penalties. However, it is important to note that the legal status of unauthorised actions with psilocybin mushrooms varies worldwide, and there are some jurisdictions where the sale and possession of psilocybin mushroom spores are not prohibited.
In recent years, there has been a growing interest in the potential therapeutic benefits of psilocybin, particularly in the treatment of mental health conditions such as depression, anxiety, and PTSD. As a result, some countries and jurisdictions have begun to relax their restrictions on psilocybin. For example, in Oregon, voters passed a ballot initiative in 2020 that made "magic mushrooms" legal for mental health treatment in supervised settings. Similarly, in Australia, psilocybin was reclassified from a Schedule 9 to a Schedule 8 substance in 2023, allowing authorised psychiatrists to prescribe it for treating specific mental health conditions.
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National laws: Many countries have laws prohibiting or regulating psilocybin mushrooms
Psilocybin mushrooms, colloquially known as "magic mushrooms", are illegal in most countries. However, the legal status of psilocybin varies worldwide, with some countries having different levels of regulation or prohibition.
In the United States, psilocybin is federally classified as a Schedule I controlled substance, meaning it is deemed to have no medicinal benefit and a high potential for abuse and addiction. Under federal law, it is illegal to possess, sell, or grow psilocybin mushrooms. However, some US states have enacted legislation to decriminalize or legalize psilocybin mushrooms. For example, Oregon has legalized psilocybin for mental health treatment in supervised settings, and Colorado has legalized certain uses of psilocybin. Additionally, some cities in the US have passed measures to decriminalize psilocybin mushrooms, such as Denver, Oakland, Santa Cruz, and Ann Arbor.
In Canada, magic mushrooms are classified as Schedule III, resulting in lower penalties and some exceptions for research and trials. Similarly, in the Netherlands, the mushrooms themselves are banned, but the truffles from which they sprout are not, creating a loophole that has allowed therapeutic retreats to operate.
In contrast, some countries such as Jamaica, Peru, and Bolivia have never made magic mushrooms illegal, although the psilocybin molecule may be prohibited. Other countries, like Russia, India, and South Africa, have made psilocybin illegal.
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Medical use: Psilocybin has proven health benefits and is used to treat mental health conditions
Psilocybin, the active ingredient in magic mushrooms, has been the subject of extensive research in recent years, with promising results suggesting its potential as a treatment for various mental health conditions. Despite its illegal status in many countries, psilocybin has demonstrated therapeutic benefits in clinical trials, particularly for individuals suffering from treatment-resistant mental health disorders.
One of the most well-studied applications of psilocybin is in the treatment of depression. Small clinical trials have shown that one or two doses of psilocybin, administered in a therapeutic setting, can lead to significant and long-lasting improvements in people with major depressive disorder who have not responded to traditional antidepressants. Additionally, a 2023 review of five studies found that combining psilocybin treatment with psychological support reduced depression symptoms for up to five weeks.
Psilocybin has also shown potential in the treatment of anxiety. A 2020 analysis of four small studies concluded that psilocybin, when combined with psychotherapy, may be safe and effective for improving anxiety in individuals with serious medical illnesses, such as advanced cancer. Furthermore, a 2006 and 2008 study by Griffiths and colleagues examined the psychological effects of psilocybin in healthy volunteers. The results indicated that psilocybin led to increased ratings of positive attitudes, mood, social effects, and behavior compared to a control group.
While the majority of research has focused on psilocybin's effects on depression and anxiety, there is also emerging evidence of its benefits in other areas of mental health. For example, psilocybin has been found to be effective in treating alcohol use disorder, with many participants in a Johns Hopkins study reporting reduced alcohol misuse. Additionally, psilocybin has been studied for its potential in treating obsessive-compulsive disorder (OCD) and tobacco use disorder, with some research suggesting positive outcomes.
In addition to its therapeutic effects, psilocybin has also been associated with improved overall well-being and cognitive functioning. Many users report increased cognitive flexibility, emotion regulation, spiritual well-being, and extraversion, as well as reduced neuroticism and burnout. These findings have led some researchers to advocate for the responsible use of psilocybin and the exploration of microdosing, which involves taking small amounts of psilocybin regularly to maintain brain health and enhance creativity.
Despite the promising results, it is important to note that psilocybin is still considered a Schedule I controlled substance in many countries, including the United States. This classification indicates that it is deemed to lack safety, possess a high potential for abuse, and have no accepted medical use. However, there is a growing movement to decriminalize psilocybin and explore its therapeutic potential, with some jurisdictions, such as Oregon and the District of Columbia, legalizing its use for mental health treatment in supervised settings.
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Indigenous use: Indigenous communities have used psilocybin mushrooms for over a thousand years
Psilocybin mushrooms, commonly known as "magic mushrooms", are considered illegal in many parts of the world. They are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which classifies them as substances with a high potential for abuse and no recognised medical uses. However, the historical use of these mushrooms by Indigenous communities has been documented for over a thousand years.
Indigenous communities have a long and rich history of utilising psilocybin mushrooms for medicinal and spiritual purposes. In traditional Indigenous entheogenic practices, these mushrooms are considered sacred and are believed to be central to their spirituality. For millennia, Indigenous peoples have been the caretakers and knowledge keepers of psychedelic plant medicines, playing a crucial role in their cultural and ceremonial rituals.
One notable example of Indigenous psilocybin mushroom usage is within Mexico and other regions. Yuria Celidwen, a senior fellow at the University of California, Berkeley, born into a Nahua and Maya family of healers, highlights the importance of recognising Indigenous knowledge in psychedelic research and practice. Celidwen and her colleagues published a paper in The Lancet Regional Health-Americas, presenting ethical guidelines for engaging with Indigenous peoples in this field.
The paper addresses concerns raised by many Indigenous Nations about their exclusion from psychedelic spaces, the extraction of their knowledge, and the commercialisation of their traditional practices. It proposes eight principles for honouring Indigenous perspectives and ensuring reciprocity and respect for their intellectual property.
Additionally, Indigenous communities in Central and South America, Asia, Africa, and Europe have also historically utilised psilocybin mushrooms. The annotated bibliography published in the Journal of Psychedelic Studies aims to highlight the diversity of practices and contemporary scholarship on this topic, ensuring that Indigenous voices and perspectives are included in the ongoing conversations surrounding psychedelic research and therapy.
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Criminalisation: Possession and supply of psilocybin are criminalised and carry heavy penalties
The possession and supply of psilocybin are criminalised in many parts of the world, including the US, UK, Canada, Japan, and Australia. In the US, for instance, the Drug Abuse Control Amendments of 1965 prohibited the unlicensed "possession, manufacture, or sale of depressant, stimulant and hallucinogenic drugs", including psilocybin and psilocin. Under the Drug Misuse and Trafficking Act 1985 in Australia, psilocybin is also listed as a prohibited drug, making it illegal to possess or supply.
The penalties for possessing or supplying psilocybin vary depending on the jurisdiction and the quantity involved. In Australia, for example, penalties for possession or supply can include imprisonment, fines, and a criminal record. The Drug Misuse and Trafficking Act 1985 in Australia categorises drug quantities with increasing penalties, with the severity of penalties increasing as the amount of drugs increases.
In the US, the penalties for possession and supply of psilocybin can also vary by state. For example, in California, Georgia, and Idaho, the sale and possession of psilocybin mushroom spores are specifically prohibited and can result in severe penalties. However, in New Mexico, growing psilocybin mushrooms is not considered "manufacturing" a controlled substance.
Despite the criminalisation and penalties associated with psilocybin possession and supply, there have been recent changes and ongoing efforts to legalise and regulate its use in certain contexts. For instance, in Oregon, voters passed a ballot initiative in 2020 that made "magic mushrooms" legal for mental health treatment in supervised settings from 2021. Similarly, in Australia, psilocybin was legalised for medical use under Schedule 8 of the Poisons Standard as of July 1, 2023, allowing authorised psychiatrists to prescribe it for treatment-resistant depression.
While the possession and supply of psilocybin remain illegal in many places, the legal landscape is evolving as more research emerges on the potential therapeutic benefits of psilocybin. It is important to refer to the specific laws and regulations in your jurisdiction to understand the current status and penalties associated with psilocybin possession and supply.
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