Introduction
Psilocybin mushrooms, also known as magic mushrooms or simply shrooms, are a type of fungus that contain the psychoactive compound psilocybin. The use of these mushrooms for their psychedelic effects has been documented for centuries, and they have been classified as a Schedule I controlled substance by the United States federal government since 1970.
Despite being illegal at the federal level, the laws regarding the possession, sale, and use of psilocybin mushrooms vary widely across different states. Some states have decriminalized the possession and use of small amounts of mushrooms, while others have legalized them for medical or recreational use.
Currently, there are several efforts underway to change the legal status of psilocybin mushrooms in the US. Advocates for decriminalization argue that prohibition has failed to prevent people from using these substances and has led to unnecessary criminalization and punishment of individuals. They also point to the potential therapeutic benefits of psilocybin, which has shown promising results in treating conditions such as depression, anxiety, and addiction.
While the legal landscape regarding psilocybin mushrooms is still evolving, it is clear that they remain a controversial and highly regulated substance in the US.
States Where Mushrooms Are Legal
| State | Psilocybin Mushroom Legality | Cannabis Legality |
|---|---|---|
| California | Decriminalized in Selected Municipalities | Recreational Use |
| Colorado | Decriminalized in Selected Municipalities | Recreational Use |
| Massachusetts | Decriminalized in Selected Municipalities | Recreational Use |
| Michigan | Decriminalized in Selected Municipalities | Recreational Use |
| Washington | Decriminalized in Selected Municipalities | Recreational Use |
| District of Columbia | Fully Decriminalized | Recreational Use |
| Oregon | Fully Decriminalized | Recreational Use |
| Alabama | Illegal | Comprehensive Medical Use |
| Alaska | Illegal | Recreational Use |
| Arizona | Illegal | Recreational Use |
| Arkansas | Illegal | Comprehensive Medical Use |
| Connecticut | Illegal | Recreational Use |
| Delaware | Illegal | Comprehensive Medical Use |
| Florida | Illegal | Comprehensive Medical Use |
| Georgia | Illegal | CBD/Low THC |
| Hawaii | Illegal | Comprehensive Medical Use |
| Idaho | Illegal | Illegal |
| Illinois | Illegal | Recreational Use |
| Indiana | Illegal | CBD/Low THC |
| Iowa | Illegal | CBD/Low THC |
| Kansas | Illegal | Illegal |
| Kentucky | Illegal | CBD/Low THC |
| Louisiana | Illegal | Comprehensive Medical Use |
| Maine | Illegal | Recreational Use |
| Maryland | Illegal | Comprehensive Medical Use |
| Minnesota | Illegal | Comprehensive Medical Use |
| Mississippi | Illegal | Comprehensive Medical Use |
| Missouri | Illegal | Comprehensive Medical Use |
| Montana | Illegal | Recreational Use |
| Nebraska | Illegal | Illegal |
| Nevada | Illegal | Recreational Use |
| New Hampshire | Illegal | Comprehensive Medical Use |
| New Jersey | Illegal | Recreational Use |
| New Mexico | Illegal | Recreational Use |
| New York | Illegal | Recreational Use |
| North Carolina | Illegal | CBD/Low THC |
| North Dakota | Illegal | Comprehensive Medical Use |
| Ohio | Illegal | Comprehensive Medical Use |
| Oklahoma | Illegal | Comprehensive Medical Use |
| Pennsylvania | Illegal | Comprehensive Medical Use |
| Rhode Island | Illegal | Recreational Use |
| South Carolina | Illegal | CBD/Low THC |
| South Dakota | Illegal | Comprehensive Medical Use |
| Tennessee | Illegal | CBD/Low THC |
| Texas | Illegal | CBD/Low THC |
| Utah | Illegal | Comprehensive Medical Use |
| Vermont | Illegal | Recreational Use |
| Virginia | Illegal | Recreational Use |
| West Virginia | Illegal | Comprehensive Medical Use |
| Wisconsin | Illegal | CBD/Low THC |
| Wyoming | Illegal | CBD/Low THC |
What States Are Mushrooms Legal?
Psilocybin mushrooms, also known as “magic mushrooms,” are not fully legal anywhere in the United States for recreational use. However, several states or some of their municipalities have decriminalized or legalized the possession and use of psilocybin mushrooms for therapeutic purposes under certain conditions.
Oregon is the only state to have fully decriminalized mushrooms, as well as the District of Columbia. Five states have seen some of their cities decriminalizing the use and possession of psilocybin mushrooms – these states are California, Colorado, Massachusetts, Michigan, and Washington.
The states where psilocybin mushrooms are decriminalized are :
1. Oregon – fully decriminalized
2. California – decriminalized in certain cities
3. Colorado – decriminalized in certain cities
4. Massachusetts – decriminalized in certain cities
5. Michigan – decriminalized in certain cities
6. Washington – decriminalized in certain cities
Psilocybin Legality by State
Alabama
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Alabama, as is recreational cannabis use. However, the state does have a comprehensive medical cannabis program.
Alaska
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Both psilocybin mushrooms and recreational cannabis use are illegal in Alaska.
Arizona
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are illegal in Arizona, but the state has legalized recreational cannabis use.
Arkansas
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Arkansas, but the state has a comprehensive medical cannabis program.
California
Psilocybin Mushroom Legality
Decriminalized in Selected Municipalities
Cannabis Legality
Recreational Use
While psilocybin mushrooms remain illegal in California, several cities and municipalities have decriminalized the substance. Recreational cannabis use, however, is legal in the state.
Colorado
Psilocybin Mushroom Legality
Decriminalized in Selected Municipalities
Cannabis Legality
Recreational Use
Similar to California, psilocybin mushrooms remain illegal at the state level in Colorado, but several municipalities have decriminalized the substance. Recreational cannabis use is legal in the state.
Connecticut
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal in Connecticut, but the state recently legalized recreational cannabis use.
Delaware
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Delaware, but the state does have a comprehensive medical cannabis program.
District of Columbia
Psilocybin Mushroom Legality
Fully Decriminalized
Cannabis Legality
Recreational Use
Psilocybin mushrooms have been fully decriminalized in the District of Columbia, and recreational cannabis use is legal.
Florida
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Florida, but the state has a comprehensive medical cannabis program.
Georgia
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Both psilocybin mushrooms and recreational cannabis use are illegal in Georgia, but the state does allow the use of low-THC CBD oil for medical purposes.
Hawaii
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Hawaii, but the state does have a comprehensive medical cannabis program.
Idaho
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Illegal
Both psilocybin mushrooms and cannabis use are illegal in Idaho.
Illinois
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are illegal in Illinois, but the state has legalized recreational cannabis use.
Indiana
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Both psilocybin mushrooms and recreational cannabis use are illegal in Indiana, but the state does allow the use of low-THC CBD oil for medical purposes.
Iowa
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Both psilocybin mushrooms and recreational cannabis use are illegal in Iowa, but the state does allow the use of low-THC CBD oil for medical purposes.
Kansas
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Illegal
Both psilocybin mushrooms and cannabis use are illegal in Kansas.
Kentucky
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Both psilocybin mushrooms and recreational cannabis use are illegal in Kentucky, but the state does allow the use of low-THC CBD oil for medical purposes.
Louisiana
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Louisiana, but the state has a comprehensive medical cannabis program.
Maine
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal in Maine, but the state has legalized recreational cannabis use.
Maryland
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Maryland, but the state has a comprehensive medical cannabis program.
Massachusetts
Psilocybin Mushroom Legality
Decriminalized in Selected Municipalities
Cannabis Legality
Recreational Use
Similar to Maine, psilocybin mushrooms remain illegal in Massachusetts, but the state has legalized recreational cannabis use.
Michigan
Psilocybin Mushroom Legality
Decriminalized in Selected Municipalities
Cannabis Legality
Recreational Use
Psilocybin mushrooms remain illegal in Michigan, but the state has legalized recreational cannabis use.
Minnesota
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Minnesota, but the state has a comprehensive medical cannabis program.
Mississippi
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Mississippi, but the state has a comprehensive medical cannabis program.
Missouri
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Missouri, but the state has a comprehensive medical cannabis program.
Montana
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are illegal in Montana, but the state has legalized recreational cannabis use.
Nebraska
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Illegal
Both psilocybin mushrooms and cannabis use are illegal in Nebraska.
Nevada
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are illegal in Nevada, but the state has legalized recreational cannabis use.
New Hampshire
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in New Hampshire, while cannabis is legal for comprehensive medical use.
New Jersey
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal in New Jersey, but the state has recently passed a law legalizing recreational cannabis use for adults 21 years and older. This law was signed by Governor Phil Murphy in February, 2021.
New Mexico
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal for both medical and recreational use in New Mexico. However, there are efforts to legalize psilocybin therapy in the state, and a bill to do so was introduced in the state legislature in 2021.
New York
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal for both medical and recreational use in New York. However, similar to other states, there are ongoing efforts to legalize psilocybin therapy. A bill to decriminalize psilocybin possession and use was introduced in the New York State Assembly in 2021.
North Carolina
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Psilocybin mushrooms are illegal in North Carolina except for very limited use in medical research. The state has a medical CBD program, but it does not allow for the use of psilocybin for medical purposes.
North Dakota
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in North Dakota except for very limited use in medical research. However, the state recently passed a comprehensive medical marijuana law, which allows patients with certain medical conditions to access medical cannabis.
Ohio
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are currently illegal for both medical and recreational use in Ohio. The state has a comprehensive medical marijuana program that allows patients with certain medical conditions to access medical cannabis.
Oklahoma
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Oklahoma except for very limited use in medical research. However, the state has a comprehensive medical marijuana program that allows patients with certain medical conditions to access medical cannabis.
Oregon
Psilocybin Mushroom Legality
Fully Decriminalized
Cannabis Legality
Recreational Use
Oregon is one of the most progressive states when it comes to psilocybin mushrooms. The state has fully decriminalized the possession, manufacture, and distribution of psilocybin mushrooms, and has also legalized the use of psilocybin for therapeutic purposes under the supervision of licensed professionals.
Pennsylvania
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal for both medical and recreational use in Pennsylvania. However, the state has a comprehensive medical marijuana program that allows patients with certain medical conditions to access medical cannabis.
Rhode Island
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal for both medical and recreational use in Rhode Island. The state has decriminalized the possession of small amounts of cannabis for personal use, and has also legalized the use of medical cannabis.
South Carolina
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Psilocybin mushrooms are illegal in South Carolina except for very limited use in medical research. The state has a limited medical CBD program, but it does not allow for the use of psilocybin for medical purposes.
South Dakota
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in South Dakota except for very limited use in medical research. However, the state recently passed a comprehensive medical marijuana law, which allows patients with certain medical conditions to access medical cannabis.
Tennessee
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Psilocybin mushrooms are illegal in Tennessee except for very limited use in medical research. The state has a limited medical CBD program, but it does not allow for the use of psilocybin for medical purposes.
Texas
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Psilocybin mushrooms are illegal in Texas except for very limited use in medical research. The state has a limited medical CBD program, but it does not allow for the use of psilocybin for medical purposes.
Utah
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
Psilocybin mushrooms are illegal in Utah except for very limited use in medical research. However, the state has a comprehensive medical marijuana program that allows patients with certain medical conditions to access medical cannabis.
Vermont
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal for both medical and recreational use in Vermont. However, there are ongoing efforts to legalize psilocybin therapy in the state, and a bill to do so was introduced in the state legislature in 2021.
Virginia
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Recreational Use
Psilocybin mushrooms are currently illegal in Virginia. The state has legalized recreational use of cannabis, but sales are not expected to begin until 2024.
Washington
Psilocybin Mushroom Legality
Decriminalized in Selected Municipalities
Cannabis Legality
Recreational Use
Some municipalities in Washington State have decriminalized psilocybin mushrooms, but they are still illegal under state law. The state has legalized recreational cannabis use.
West Virginia
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
Comprehensive Medical Use
West Virginia currently prohibits psilocybin mushrooms. The state allows comprehensive medical use of cannabis, but has not legalized recreational use.
Wisconsin
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Psilocybin mushrooms are illegal in Wisconsin. The state allows CBD/low THC medical use of cannabis, but has not legalized recreational use.
Wyoming
Psilocybin Mushroom Legality
Illegal
Cannabis Legality
CBD/Low THC
Wyoming currently prohibits psilocybin mushrooms. The state allows CBD/low THC medical use of cannabis, but has not legalized recreational use.
FAQs
Are mushrooms legal ?
The legal status of psilocybin mushrooms varies widely depending on where you are located. At the federal level in the United States, psilocybin mushrooms are classified as a Schedule I controlled substance, meaning they are illegal to possess, use, or sell.
However, some states and municipalities have decriminalized or legalized psilocybin mushrooms. Decriminalization means that while possession and use of the substance are still technically illegal, law enforcement typically does not prioritize enforcing those laws.
Where are mushrooms legal in the US ?
Some cities, such as Denver and Oakland, have decriminalized the possession and use of psilocybin mushrooms for personal use. Other cities, such as Ann Arbor and Santa Cruz, have gone further and made the possession and use of psilocybin mushrooms for personal use their lowest law enforcement priority.
On the other hand, some states, such as Oregon, have legalized the use of psilocybin mushrooms for therapeutic purposes under certain conditions, and are in the process of developing a regulated system for its use.
Are mushrooms legal in California ?
In California, the possession and use of psilocybin mushrooms is still illegal under state law. However, several cities within California have decriminalized the possession and use of psilocybin mushrooms for personal use, including Oakland, Santa Cruz, and others.
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