Legal Status of Psilocybin Mushrooms

Psilocybin mushrooms produce hallucinogenic effects by altering brain perception and mood, but remain classified as Schedule I controlled substances under federal law, meaning high abuse potential with no accepted medical use.

Despite this, NIDA-funded research highlights emerging evidence for treating depression, anxiety, and addiction through supervised therapy.

States like Oregon and Colorado have decriminalized or regulated therapeutic access, fueling debates over rescheduling amid clinical trials showing rapid symptom relief.​

Psilocybin mushrooms trace back to prehistoric human encounters, likely ingested by early hominins since the Pliocene era (5.3 million years ago) via foraging and scavenging near dung where Psilocybe species thrive.

NIH studies confirm ancient global use in rituals, from Central American Aztecs calling them "teonanácatl" (flesh of the gods) to potential rock art depictions around 9000 B.C.

Modern research revives this legacy, testing psilocybin's role in mental health while navigating its strict legal barriers.

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.

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.

Since 2019, 25 states have introduced 74 psilocybin reform bills, with 10 enacted, including Oregon's Measure 109 for licensed therapy. Colorado decriminalized in 2022, New Jersey reduced penalties, while federal Schedule I status remains.

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 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? 

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.

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.