Where Are Magic Mushrooms Legal? Policies, Medical Use, States & Region Legality

Across the globe, the legal status of Psilocybin Mushrooms, commonly known as magic mushrooms, is evolving. This global shift is mainly attributed to the growing evidence of their medicinal benefits and therapeutic potential. 

However, regardless of the promising results, magic mushrooms remain illegal in many parts of the world, primarily due to their classification as Schedule I drugs under international laws.

The Schedule I classification denotes that these substances have no accepted medical use and present a high potential for abuse. Yet, some regions and cities are rethinking their policies concerning these psychedelic fungi, and we’ll discuss that in this article. 

Magic Mushrooms: A Brief Overview

Magic mushrooms are a type of fungi that produce psilocybin, a naturally occurring psychedelic compound known for its mind-altering effects. The use of these special mushrooms dates back to ancient times when they were used for spiritual and religious practices. 

Today, scientific research has uncovered their potential therapeutic benefits, adding a new dimension to their use.

Despite their potential benefits, magic mushrooms are largely illegal worldwide. They are classified as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances, which means they are considered to have a high potential for abuse and no recognized medical uses. 

However, this notion is being challenged by a growing body of scientific research.

The Legal Status of Magic Mushrooms in the United States

In the United States, psilocybin, the primary psychoactive compound in magic mushrooms, is classified as a Schedule I controlled substance. This means it is federally illegal, with no recognized medical use and a high potential for abuse. 

However, the landscape is gradually changing, with several cities and states rethinking their policy approach to these psychedelic fungi.

Denver, Colorado

Denver, Colorado, pioneered the decriminalization of psilocybin in the United States. In May 2019, a ballot initiative narrowly passed, making Denver the first city to decriminalize psilocybin. 

The initiative did not legalize magic mushrooms but prohibited Denver from spending any resources to prosecute people for their use or possession. The law applies to adults over the age of 21.

Oakland and Santa Cruz, California

Following in Denver’s footsteps, Oakland and Santa Cruz in California decriminalized psilocybin in June 2019 and January 2020, respectively. 

The city councils in both cities passed resolutions making the enforcement of laws against the possession and cultivation of psilocybin among the lowest priorities for local law enforcement.

Washington, D.C.

In November 2020, Washington, D.C., passed Initiative 81, which effectively decriminalized psilocybin mushroom gummies, among other natural psychedelics. 

The initiative called for law enforcement to prioritize other serious crimes over the non-commercial cultivation, distribution, possession, and use of psilocybin mushrooms and other entheogens.

Oregon

Oregon made history in 2020 by becoming the first state to both decriminalize psilocybin and legalize its supervised use via Measure 109. This law allows adults over 21 to partake in psilocybin at licensed centers with a trained facilitator. This program is expected to roll out in 2023.

Colorado

Following Oregon’s lead, Colorado legalized regulated psilocybin sessions and decriminalized its personal use and possession in 2022. 

The initiative, known as Proposition 122, allows adults aged 21 and over to possess and grow psilocybin mushrooms for personal use; this includes mushroom chocolate bars and other forms of mushroom edibles. It also decriminalizes the possession of ibogaine, DMT, and mescaline.

The Legal Status of Magic Mushrooms in Other Countries

While the United States and Canada are perhaps the most active in terms of changing the legal status of magic mushrooms, other countries are also beginning to rethink their policies.

The Netherlands

Holland has a unique approach when it comes to magic mushrooms. While the sale and cultivation of magic mushrooms were banned in 2008, the sale of magic truffles—clusters of hardened mycelium that grow beneath some species of magic mushrooms—has been tolerated.

Mexico

In Mexico, the possession of psilocybin mushrooms is technically illegal. However, the law is often unenforced, especially in the regions of San Jose del Pacifico and Huautla de Jimenez, known for their availability of magic mushrooms.

Canada

In Canada, psilocybin mushrooms are classified as a Schedule III drug, meaning it’s illegal to possess, produce, or distribute them. However, recent policy amendments have allowed for both psilocybin and MDMA to be accessed through a compassionate access scheme.

Australia

Australia made the groundbreaking decision to legalize MDMA and psilocybin mushrooms as medicines in June 2023. This marked the country as the first in the world to legalize MDMA as a treatment for post-traumatic stress disorder (PTSD). It also legalized psilocybin mushrooms for treatment-resistant depression.

Thailand

Thailand, known for its strict drug laws, is now exploring psilocybin reform. While magic mushrooms remain illegal, the government has shown interest in developing a legal framework for psychedelic-assisted therapy.

St. Vincent and the Grenadines

In the Caribbean, the island chain of St. Vincent and the Grenadines fully legalized the production, sale, and transport of all naturally occurring psychedelics in 2020. The country has positioned itself as a hub for psychedelic research and innovation.

Brazil

In Brazil, the use of magic mushrooms is legal, with no specific laws prohibiting their consumption. However, the sale and distribution of magic mushrooms are not explicitly legal and may fall under the general drug trafficking laws.

British Virgin Islands

In the British Virgin Islands, magic mushrooms are not listed as a controlled substance, which means they are effectively legal.

Portugal

In Portugal, all drugs were decriminalized in 2001, including magic mushrooms. This means that while selling and distributing magic mushrooms is illegal, personal use and possession are not considered criminal offenses.

Jamaica

In Jamaica, there are no laws specifically prohibiting magic mushrooms, making them effectively legal. The island nation has become a popular destination for magic mushroom retreats.

Medical and Therapeutic Use of Magic Mushrooms

Magic mushrooms have been used for centuries in traditional medicine and religious ceremonies. In recent years, medical and scientific communities have begun to recognize the potential therapeutic benefits of psilocybin, the active compound in magic mushrooms.

Research has shown that psilocybin can be effective in treating a range of mental health conditions, including depression, anxiety, and PTSD. [1] In recognition of this potential, the U.S. Food and Drug Administration (FDA) has designated psilocybin as a “breakthrough therapy” for treatment-resistant depression.

The Changing Global Landscape

From North America to Europe to Australia, countries around the world are revisiting their policies on magic mushrooms. This global shift is indicative of a broader movement towards acknowledging the potential therapeutic benefits of these psychedelic fungi.

With ongoing scientific research and growing public support, the question is not whether magic mushrooms will be legalized globally but when. It’s clear that the global legal landscape of magic mushrooms is shifting, and the future seems promising for those who want to buy mushroom spores and advocate for their therapeutic and medicinal use.

Where Are Magic Mushrooms Legal Final Verdict

The question of “Where Are Magic Mushrooms Legal?” is complex and ever-changing. While the legal status of magic mushrooms remains murky in many parts of the world, there is a clear trend toward decriminalization and legalization in certain regions. 

This shift is largely driven by growing scientific evidence of the therapeutic potential of these psychedelic fungi. The future of magic mushrooms is promising, with more and more regions recognizing their potential benefits and rethinking their policies.

However, it’s crucial to stay informed about the legal status of magic mushrooms in your local area to ensure you’re acting within the boundaries of the law.

References

1. Haikazian, S., Chen-Li, D. C. J., Johnson, D. E., Fancy, F., Levinta, A., Husain, M. I., Mansur, R. B., McIntyre, R. S., & Rosenblat, J. D. (2023). Psilocybin-assisted therapy for depression: A systematic review and meta-analysis. Psychiatry research, 329, 115531. https://doi.org/10.1016/j.psychres.2023.115531