Where Are Magic Mushrooms Legal in the U.S.?

Please be aware that PNW Spore magic mushroom spores are only meant to be used in microscopy and research. Fungi grown with Cubensis spores will contain psilocybin, which is illegal and classified as a Schedule I narcotic by federal law.

Under U.S. federal law, it is illegal to grow, possess, distribute, or consume magic mushrooms, also commonly referred to as psilocybin or just “shrooms”.

Psilocybin, a psychoactive substance found in these mushrooms, can give people hallucinations — the sensation of feeling, hearing, and seeing things that are not real — if consumed in stronger doses.

As such, since 1970, the U.S. federal government has designated them as a Schedule I controlled substance. According to this classification, magic mushrooms fall into the same category as LSD and heroin, meaning they have a high possibility for abuse, no currently accepted medicinal value, and zero proven safety when used under a doctor’s supervision.

While magic mushrooms are still illegal at the federal level, an increasing number of U.S. states and cities are moving toward decriminalizing or legalizing them. 

This movement towards legalization is sparked by new research that shows some evidence that shrooms may help treat a range of mental health issues – including PTSD, depression, and end-of-life anxiety – and changing public opinion on the recreational usage of psychedelics.

Which U.S. States Are Magic Mushrooms Legal In?

In most U.S. states, the possession, cultivation, or sale of psilocybin mushrooms carries serious penalties, including imprisonment and fines.

As of March 2024, magic mushrooms were not entirely legal in any state for recreational use; however, 6 states (mostly their cities) had decriminalized the personal possession and use of small amounts of shrooms or legalized them for medical purposes under certain conditions.

Note: Decriminalization is a legislative process that maintains the illegality of an action while removing the possibility of prosecution for it.

In states where magic mushrooms are decriminalized, it remains technically unlawful to possess and use the psychedelics, but if you’re caught with them, law enforcement will not prioritize arresting or filing charges against you.

Below is a breakdown of the U.S. states that have decriminalized or legalized psilocybin mushrooms.

1) Oregon: The First State to Legalize Magic Mushrooms

Voters in Oregon hit the headlines in November 2020 when they approved a law allowing the therapeutic application of psilocybin, the primary active ingredient in P. Cubensis and other magic mushrooms, for psychological treatment in controlled settings for adults over 21.

Measure 109, which was overwhelmingly supported by voters, led to the opening of psilocybin clinics in Oregon run by licensed therapists that have drawn hundreds of patients, largely from out of state, seeking treatment for depression, anxiety, PTSD, and other mental illnesses.

Oregon voters also passed Measure 110, which decriminalized possession of small quantities of all drugs, including less than 12 grams of psilocybin. The law does not make drug use legal. Rather than apprehending drug users, Oregon police now fine them up to $100. This fine may be avoided if the offender consents to get treatment at an addiction treatment facility.

Oregon’s decriminalization has been linked to a rise in substance abuse in the state of “harder” drugs, like heroin and other opiates, and as recently as March 2024, lawmakers were debating several bills that would bring back criminal penalties for drug possession, including fines and jail time.

This decision could be made at any time. Additionally, according to polls, 50%+ of Oregonians favor completely repealing Measure 110.

2) Colorado: State With the First U.S. City to Decriminalize Magic Mushrooms

In May 2019, Denver, Colorado, made history by being the first American city to abolish many criminal penalties associated with the use and possession of psychedelics, including psilocybin mushrooms.

This momentous decision created a standard for other states and cities to take into account when deciding legislation related to magic mushrooms. After Denver’s decriminalization, Colorado became the second state in the United States to decriminalize shrooms in November 2022.

Under Colorado’s psychedelic laws, persons 21 years of age and older are allowed to have, share, and use magic mushrooms. As long as those under 21 are kept away from them, those 21 and older are also permitted to grow mushrooms in their homes. Selling magic mushrooms is still considered a drug offense — punishable by up to $1 million in fines and a maximum of 32 years in jail.

Colorado currently doesn’t offer psilocybin-assisted therapy; however, after the state has finalized the licensing standards for magic mushroom healing centers and practitioners, it should become legal in late 2024 or early 2025.

3) California: Psilocybin Mushrooms Decriminalized in Certain Cities

California has several cities that have laws that prevent the arrest of individuals who use psychedelics, including magic mushrooms, for personal healing or well-being. These cities include Arcata, Berkeley, Oakland, San Francisco, and Santa Cruz.

A bill to decriminalize natural psychedelics derived from plants and fungi statewide was marginally passed by California lawmakers in September 2023, with backing from veterans and proponents of criminal justice reform.

However, California Governor Gavin Newsom vetoed the bill, which also mandated that the California Health and Human Services Agency research the therapeutic use of psychedelic drugs and provide recommendations to legislators.

Notwithstanding Newsom’s veto, the state of California may soon decriminalize the personal possession and consumption of small amounts of magic mushrooms and regulate them for medical use under specific circumstances.

A bipartisan bill to legalize psychedelic therapy was put forward in the California Senate in February 2024. The matter of allowing the sale and use of magic mushrooms by individuals above 21 years of age – as well as the creation of a state agency dedicated to the study of psychedelic medicines – may also be put to California voters in the upcoming November 2024 ballot.

4) Progress in Other U.S. States

Other U.S. states that have cities with laws in place that give authorities the least priority when it comes to investigating, arresting, or prosecuting those found in possession of magic mushrooms include:

• Washington: Seattle, Washington, became the largest U.S. city to decriminalize psychedelics in October 2021

• Michigan has 4 cities—Detroit, Ferndale, Ann Arbor, and Hazel Park—that have decriminalized magic mushrooms, and activists are currently working to get a ballot initiative that would do the same for the entire state

• Massachusetts: 8 cities, including Somerville, Medford, Cambridge, Salem, and Easthampton, have asked county prosecutors to cease pursuing crimes involving the possession, growing, or distribution of hallucinogenic mushrooms and have deprioritized arrests related to these substance

Voters in Massachusetts could also have the opportunity to decide in November 2024 whether or not to legalize psilocybin for medical, therapeutic, and spiritual uses.

You can anticipate more states and cities to pursue psilocybin drug policy reform – including lowering penalties or forming task forces to investigate the medicinal applications of magic mushrooms – as more research on the potential dangers and benefits of psilocybin consumption becomes available both in therapeutic settings and for recreational purposes.