Psilocybin (Magic Mushroom) Law

Below, we explain the laws governing psilocybin possession, including:

• Federal laws
  
• Federal policy changes based on research on medicinal and therapeutic uses
  
• Changes to local and state laws
  

What Is Psilocybin?

Psilocybin is a chemical compound found in over 200 mushrooms that causes hallucinogenic effects. It is considered a Schedule I drug in the U.S. The mushrooms are commonly called magic mushrooms. 

For centuries, people around the world used psychedelic mushrooms to intensify religious rituals. More recently, academics and researchers began considering their potential medicinal and therapeutic uses. Some claim that it can help treat anxiety, depression, and other mental illnesses. 

Federal Psilocybin Law

The federal government lists psilocybin as a Schedule I drug under the Controlled Substances Act. Drugs are listed under Schedule I if they have a high likelihood of abuse and addiction, and no medical use. Other drugs listed in this category are heroin and LSD.

Schedule I drugs are illegal to have, grow, or sell under federal law. Remember this when we review state and local laws on psilocybin, below. It is important because federal law wins when federal and state law conflict.

These drug listings are not permanent. For example, in May 2024, the Drug Enforcement Agency proposed changing marijuana from a Schedule I to Schedule III drug based on its recognized medicinal uses.

Federal Policy Changes

In 2018 and 2019, the U.S. Food and Drug Administration (FDA) granted two breakthrough therapy designations for psilocybin. This means that studies showed psilocybin worked better to treat serious diseases or conditions than available treatments.

The two conditions that psilocybin might help with are treatment resistant depression and major depressive disorder. More clinical trials are researching other therapeutic uses, including treatment of:

• Post-traumatic stress disorder
  
• Anorexia
  
• Substance use disorder
  
• Migraines
  
• Chronic pain
  

In 2021, the National Institutes of Health (NIH) held a speaker series focused on psilocybin. Researchers presented their data to attendees from around the world. In 2023, the scientific journal Neuropharmacology on Psychedelics released a special issue discussing and updating the presentations.

In 2022, members of Congress introduced bipartisan legislation addressing psilocybin. Bipartisan legislation has the support of both Democratic and Republican legislators. This legislation supported researching psychedelics as therapy tools.

Legislators also created the 2022 Psychedelics Advancing Clinical Treatment (PACT) Caucus. The Caucus is an official group of legislators who review the research on using psychedelics to treat mental health conditions. Legislators continued the caucus in 2023 under a new name, Congressional Psychedelics Advancing Therapies (PATH) Caucus.

These steps show a public shift in attitude towards psilocybin’s medical uses. We see this shift reflected in a 2023 University of California-Berkley survey on psychedelics. The survey asked voters about their support of regulated therapeutic access to psychedelics. Sixty-one percent of voters said they supported a legal access program for therapeutic psychedelics.

If the FDA approves the use of psilocybin to treat medical conditions, psilocybin will have an approved medical use. That means psilocybin will no longer meet the definition of a Schedule I drug. If that happens, the DEA would need to reschedule its classification.

How Local Actions Change Psilocybin Laws

Much like recreational and medical marijuana, changes to psilocybin’s legal status happened closer to home first.

Legislation and Ballot Measures

Decriminalization and legalization happen in two ways. First, a place’s governing body, such as a city council or state legislature, can take action to change the law. Second, voters can take action through ballot measures or initiatives.

Voters can put a proposed change in the law on a ballot for a public vote through ballot measures. To get on the ballot, you must collect voter signatures to show public support for the change. With enough valid signatures, the proposed change goes on the next election ballot. If the proposal passes, the law changes without needing more government action.

This means that it is important to know how voters feel about psychedelics and the types of changes proposed. Surveys like UC-Berkeley’s, above, can be very valuable for this purpose.

Decriminalization and Legalization

Legislation and voter initiatives can take one of two paths on psilocybin law:

• Decriminalization. When a drug is "decriminalized" it is still illegal, but there is little or no criminal penalty.

• Legalization. When a drug is legalized, it is no longer subject to criminal laws.

You can learn more about the difference between decriminalization and legalization here.

A great example of decriminalization is the 2019 Denver Psilocybin Mushroom Initiative. This initiative made two changes to the local laws in Denver, Colorado. First, it lowered the importance of criminal laws punishing adult use or possession of psilocybin. Enforcing these laws is now the lowest law enforcement priority. Second, it prohibited any part of the city government or county court from spending time or money to help enforce those same laws.

These new laws get in the way of punishing people for having psilocybin under criminal laws. Police officers, investigators, and prosecutors would need to finish all their other work before enforcing them.

In the rare event that a law enforcement officer emptied their inbox, they face a second hurdle. The officer cannot spend time or money on enforcement, and neither can the court. This adds a protective layer to decriminalization.

Even if a law decriminalizes a drug, the government can still regulate it. Regulations can include requiring a license to sell psilocybin or a civil fine for use in prohibited places.

What Municipalities Have Decriminalized Psilocybin?

Oakland, California decriminalized psilocybin by a unanimous city council vote in 2019. Oakland's changes mirrored those in Denver (see above). City councils and voters across the country took similar actions over the next few years.

2020:

• Santa Cruz, California
  
• Ann Arbor, Michigan
  
• Washington, D.C.
  

2021:

• Washtenaw County, Michigan
  
• Somerville, Massachusetts
  
• Cambridge, Massachusetts
  
• Northampton, Massachusetts
  
• Seattle, Washington
  
• Arcata, California
  
• Easthampton, Massachusetts*
  
• Detroit, Michigan
  
• Port Townsend, Washington
  

2022:

• Hazel Park, Michigan
  
• San Francisco, California
  
• Amherst, Massachusetts
  

2023:

• Ferndale, Michigan
  
• Jefferson County, Washington
  
• Berkeley, California
  
• Minneapolis, Minnesota
  
• Portland, Maine
  
• Salem, Massachusetts
  
• Provincetown, Massachusetts
  
• Medford, Massachusetts
  

2024:

• Ypsilanti, Michigan

*Easthampton’s city council voted for a non-binding resolution supporting decriminalization. That means it is a guiding principle but does not have the force of law.

State Decriminalization and Legalization

States have also changed psilocybin’s legal status through legislation and ballot measures. These changes include decriminalization and legalization, but apply statewide instead of locally.

The line between decriminalization and legalization depends on the type of activity and state or local regulation. For example, possessing psilocybin may be legal statewide, but a city may require a permit to sell psilocybin.

Oregon

In 2020, voters in Oregon approved Ballot Measure 109. Also known as the Oregon Psilocybin Services Act, this Act decriminalized psilocybin statewide. The Act also legalized making, selling, and providing psilocybin to adults.

However, psilocybin services are only allowed at licensed facilities. This makes psilocybin legal for "supported adult use," but not general recreational use. The Oregon Health Authority is in charge of regulating this program and licensing use facilities.

Make sure you know whether a facility you wish to visit has a current license to provide services. Supported adult use is not available everywhere in Oregon because some cities and counties opted out of the program.

Colorado

Denver's ballot measure, above, also created the Denver Psilocybin Mushroom Policy Review Panel. A year after decriminalization of psilocybin began, the panel reported that it did not create a public health or public safety risk. The panel recommended adopting amendments to broaden decriminalization, as well. The recommendation was to allow an adult to provide psilocybin to another adult without profiting from the exchange.

This report and more familiarity with therapeutic uses of psilocybin may have influenced voters in the state. In 2022, Colorado voters passed a broader statewide ballot initiative. This initiative legalized having, growing, and sharing psilocybin between adults over 21 years.

The state legislature then passed amendments to this law. The amendments allowed local governments to issue licenses for growing and testing psilocybin. They also allowed local licensing of natural medicine healing centers for supported adult use.

New Jersey

In 2021, lawmakers in New Jersey reduced the criminal penalty for possessing a small amount of psilocybin for personal use. Being convicted of possession used to result in 3-5 years in prison and a fine up to $35,000.

Under the new law, a convicted person would spend no more than six months in prison, have to pay a $1,000 fine, or both.

Other State Efforts

Between 2020 and 2024, twenty other states moved towards decriminalizing or legalizing psilocybin. Some states are creating working groups to review potential medical use. In other states, legislators introduced bills to change state criminal laws to allow some type of psilocybin use.

Legislation is pending or passed to study psilocybin, legalize it, or reduce criminal penalties in:

• Alaska
  
• Arizona
  
• California
  
• Connecticut
  
• Hawaii
  
• Illinois
  
• Indiana
  
• Kentucky
  
• Maryland
  
• Massachusetts
  
• Michigan
  
• Minnesota
  
• Nevada
  
• New Mexico
  
• North Carolina
  
• Pennsylvania
  
• Texas
  
• Vermont
  
• Washington State
  
• Wisconsin
  

Want to know the law in your area? Ask a lawyer.

Psilocybin laws are complicated and subject to change at the local, state, and federal level. Making sure you are following the most up-to-date laws requires a lot of time and effort. Failure to follow these laws can result in serious consequences.

To protect yourself from criminal charges or other penalties, the best move is to find a qualified criminal attorney in your area.

If you are interested in psilocybin-related business opportunities, it’s probably time to find a business and commercial attorney nearby.