Are Magic Mushrooms Legal?

Psilocybin mushrooms, often referred to as “magic mushrooms,” have a complex legal status that varies by location. In the United States, psilocybin remains classified as a Schedule I controlled substance under federal law, meaning it is considered to have a high potential for abuse and no accepted medical use. However, several states and cities have moved towards decriminalizing or legalizing its use.

As of 2024, Oregon and Colorado have enacted laws decriminalizing the personal use and possession of psilocybin mushrooms. Oregon was the first state to legalize psilocybin for therapeutic use in supervised settings following Measure 109, passed in 2020. Colorado followed with Proposition 122 in 2022, allowing adults to use, possess, and cultivate psilocybin mushrooms, and it includes provisions for establishing licensed “healing centers” for supervised use starting in 2024.

Several U.S. cities, particularly in California, Michigan, Massachusetts, and Washington, have also decriminalized psilocybin mushrooms by making the enforcement of laws against them a low priority. Cities like Oakland, San Francisco, and Santa Cruz in California; Ann Arbor and Detroit in Michigan; and Seattle in Washington are examples where local authorities have deprioritized criminal penalties for the possession and use of psilocybin mushrooms.

Internationally, psilocybin mushrooms have a varied legal status. In some countries, they are fully legal or decriminalized, such as in Jamaica and the Netherlands. Other countries have specific provisions for their use in traditional or spiritual practices.

Overall, while psilocybin mushrooms are largely illegal at the federal level in the U.S., state-level reforms and city-level decriminalization are creating pockets of legal acceptance and use​ (Psychedelics Today)​​ (Ballotpedia)​​ (Wikipedia)​​ (World Population Review)​​ (The Colorado Sun)​.