Legal Status of Psilocybin Mushrooms

By David Beasley

Psilocybin mushrooms, known for their psychoactive effects, face a complex legal landscape.

Initially used in ancient cultural and spiritual practices, these fungi have transitioned into subjects of modern scientific research, particularly for their potential in mental health therapy.

However, this transition is not without legal challenges, as psilocybin mushrooms are often categorized as controlled substances, leading to a contentious debate over their legal status.

Significant milestones and debates mark the legal journey of psilocybin mushrooms in the United States.

From being integral to traditional indigenous rituals to facing stringent legal restrictions, their status has evolved amidst growing evidence of their therapeutic potential.

As research continues to uncover the potential benefits of psilocybin in treating various mental health conditions, including depression and anxiety, the legal stance on these mushrooms remains a subject of ongoing debate.

By presenting a balanced view of the historical, cultural, and legal dimensions of psilocybin mushrooms, this exploration seeks to inform readers about the complex issues surrounding these psychoactive fungi in the context of current societal and legal frameworks.

Learn more: How Long Do Shrooms Last in Your System?

History of Psilocybin Mushrooms

Psilocybin mushrooms have an ancient and global history, with evidence of their use dating back to prehistoric times.

Prehistoric Psilocybin

The earliest recorded use dates back to around 10,000 BCE, with a mural in Northern Australia depicting mushrooms, suggesting their significance in early human cultures.

Similar evidence in Europe, particularly in Spain from around 4,000 BCE, indicates their presence in prehistoric times.

These findings suggest that the use of psychedelic substances like psilocybin has been a long-standing human practice.

Ancient History of Psilocybin

Moving forward in time, psilocybin mushrooms were not just prevalent in Central America but had a global presence.

Historians believe their use in North African indigenous cultures dates back to around 9000 B.C. was based on rock paintings.

In Central America, the Aztecs revered these mushrooms as “teonanácatl” or “flesh of the gods,” used for spiritual and religious purposes.

This widespread use underscores the cultural and spiritual significance of psilocybin across different civilizations.

Modern History of Psilocybin

In more recent history, the popularization of entheogens in the mid-20th century led to a renewed interest in psilocybin mushrooms.

Figures such as the Wassons, Timothy Leary, and Terence McKenna played pivotal roles in this resurgence.

The cultivation and description of various psilocybin mushroom species were extensively documented, making them one of the most widely used psychedelic drugs.

A critical cultural figure in Mexico was María Sabina, who utilized native mushrooms like Psilocybe mexicana in her practices, demonstrating the continued traditional use of these substances.

Recent Changes in Legality of Psilocybin Mushrooms by States

The legal landscape for psilocybin mushrooms in the United States has seen significant changes in recent years, with several states taking steps towards decriminalization or regulation:

New Jersey

In New Jersey, the legal approach towards psilocybin has shifted, with a recent reclassification leading to reduced penalties for possession.

Instead of the more severe drug penalties of 3-5 years in prison, possession now incurs a penalty of up to a $1,000 fine or a 6-month sentence.

Oregon

Oregon has made a groundbreaking move with the Oregon Psilocybin Services Act (OPSA), which took effect on January 2, 2023.

This Act is a significant step towards legalization, allowing psilocybin services under the supervision of licensed facilitators in designated service centers.

These services are not classified as medical treatments and are subject to certain restrictions, including advertising limitations.

Learn more: Can You Overdose on Shrooms?

California

A notable legislative development occurred in California on September 30, 2023, with Governor Gavin Newsom signing AB 1021 into law.

This law permits licensed healthcare providers to prescribe and administer psilocybin legally, contingent upon its reclassification under federal law.

This is a major step forward, contingent on the federal rescheduling of psilocybin.

These developments in New Jersey, Oregon, and California are part of a broader trend toward the decriminalization and regulation of psilocybin mushrooms.

This trend is driven by the growing recognition of their potential therapeutic benefits and a shift in societal attitudes toward the criminalization of these substances.

However, it is crucial to remember that these legal changes are relatively new, and the legal status of psilocybin mushrooms may continue to evolve.

Legality of Psilocybin Mushrooms by States

In the United States, the legal status of psilocybin mushrooms is an evolving landscape, varying significantly from state to state.

Accompanied by a detailed table, this section provides an up-to-date overview of the current legal positions in each state, highlighting recent changes and ongoing legislative discussions that continue to shape this dynamic field.

Country (State)	Possession	Sale	Transport	Cultivation	Notes
Alabama	Illegal	Illegal	Illegal	Illegal
Arizona	Illegal	Illegal	Illegal	Illegal	Spores are legal.
Arkansas	Illegal	Illegal	Illegal	Illegal
Connecticut	Illegal	Illegal	Illegal	Illegal
Delaware	Illegal	Illegal	Illegal	Illegal
Florida	Illegal	Illegal	Illegal	Illegal
Georgia	Illegal	Illegal	Illegal	Illegal
Oregon	Decriminalized	Decriminalized	Decriminalized	Decriminalized	Legal for mental health treatment in supervised settings since Feb 1, 2021.
California	Illegal	Illegal	Illegal	Illegal	Bill pending to legalize psilocybin.
District of Columbia	Decriminalized	Decriminalized	Decriminalized	Decriminalized	Non-commercial distribution and possession of psilocybin among the lowest law enforcement priorities since Mar 15, 2021.
Colorado	Decriminalized	Decriminalized	Decriminalized	Decriminalized	Psilocybin mushrooms decriminalized as of 2022.
Massachusetts	Illegal (Decriminalized in some municipalities)	Illegal	Illegal	Illegal
Michigan	Illegal (Decriminalized in some municipalities)	Illegal	Illegal	Illegal
Hawaii	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Idaho	Illegal	Illegal	Illegal	Illegal
Illinois	Illegal	Illegal	Illegal	Illegal	Recreational cannabis use legalized.
Indiana	Illegal	Illegal	Illegal	Illegal	Low-THC CBD oil allowed for medical purposes.
Iowa	Illegal	Illegal	Illegal	Illegal	Low-THC CBD oil allowed for medical purposes.
Kansas	Illegal	Illegal	Illegal	Illegal
Kentucky	Illegal	Illegal	Illegal	Illegal	Low-THC CBD oil allowed for medical purposes.
Louisiana	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Maine	Illegal	Illegal	Illegal	Illegal	Recreational cannabis use legalized.
Maryland	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Michigan	Decriminalized in Selected Municipalities	Illegal	Illegal	Illegal	Recreational cannabis use legalized.
Minnesota	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Mississippi	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Missouri	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Montana	Illegal	Illegal	Illegal	Illegal	Recreational cannabis use legalized.
Nebraska	Illegal	Illegal	Illegal	Illegal
Nevada	Illegal	Illegal	Illegal	Illegal	Recreational cannabis use legalized.
New Hampshire	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
New Jersey	Illegal	Illegal	Illegal	Illegal	Recreational cannabis use legalized for adults 21 and older.
New Mexico	Illegal	Illegal	Illegal	Illegal	Efforts to legalize psilocybin therapy are underway.
New York	Illegal	Illegal	Illegal	Illegal	Ongoing efforts to legalize psilocybin therapy; decriminalization bills introduced.
North Carolina	Illegal	Illegal	Illegal	Illegal	Medical CBD program in place, but no medical use of psilocybin.
North Dakota	Illegal	Illegal	Illegal	Illegal	Comprehensive medical cannabis program in place.
Ohio	Illegal	Illegal	Illegal	Illegal
Oklahoma	Illegal	Illegal	Illegal	Illegal
Pennsylvania	Illegal	Illegal	Illegal	Illegal
Rhode Island	Illegal	Illegal	Illegal	Illegal
South Carolina	Illegal	Illegal	Illegal	Illegal
South Dakota	Illegal	Illegal	Illegal	Illegal
Tennessee	Illegal	Illegal	Illegal	Illegal
Texas	Illegal	Illegal	Illegal	Illegal	Research into psychedelics as a treatment for PTSD is underway.
Utah	Illegal	Illegal	Illegal	Illegal
Vermont	Illegal	Illegal	Illegal	Illegal
Virginia	Illegal	Illegal	Illegal	Illegal
Washington	Illegal	Illegal	Illegal	Illegal
West Virginia	Illegal	Illegal	Illegal	Illegal
Wisconsin	Illegal	Illegal	Illegal	Illegal
Wyoming	Illegal	Illegal	Illegal	Illegal
Alaska	Illegal	Illegal	Illegal	Illegal	Spores are legal.
American Samoa	Illegal	Illegal	Illegal	Illegal
Guam	Illegal	Illegal	Illegal	Illegal
Northern Mariana Islands	Illegal	Illegal	Illegal	Illegal
Puerto Rico	Illegal	Illegal	Illegal	Illegal
U.S. Virgin Islands	Illegal	Illegal	Illegal	Illegal