The shortest answer is yes…and no. Simple right? In Oregon (and soon-to-be Colorado), psilocybin (or magic mushrooms) are legal to use as long as you follow the state regulations, which we at Althea help with! There are also certain cities that have decriminalized psilocybin. And yet, at the same time, they are federally illegal.
There is a lot to the story of psilocybin legality and decriminalization, so let’s dig in:
Federal Law
- Psilocybin, the active compound in magic mushrooms, is classified as a Schedule 1 controlled substance under the Controlled Substances Act.
- This means it is considered to have no accepted medical use and a high potential for abuse.
- Possession, distribution, and cultivation are illegal under federal law and can result in criminal penalties.
- Research and Clinical Trials: Psilocybin is being studied for its therapeutic potential in treating depression, anxiety, PTSD, and addiction (among others). In 2018, the FDA granted psilocybin “Breakthrough Therapy” designation, signaling its promise for medical use.
- Access via Federal Exemptions: Some individuals may gain access to psilocybin through clinical trials or research programs.
State and Local Laws
While psilocybin remains illegal federally, several states and cities have taken steps to decriminalize or legalize it under certain conditions. In face, in 2023 alone, 20 states introduced psychedelic-related legislation – everything from establishing research councils to considering legalization.
Here’s a quick breakdown:
Legalization and Decriminalization
Where is it legal? Currently, it is only “legal” in Oregon, under the Measure 109 framework (i.e using it at a designated center with a facilitator). In 2025, Colorado will join Oregon as the 2nd state to have a legal program.
Oregon:
- In 2020, voters passed Measure 109, which legalized psilocybin for supervised therapeutic use through a state-regulated program. If you’re interested in finding a licensed facilitator under this program, complete this intake form.
- Measure 110 decriminalized the possession of small amounts of all drugs, including psilocybin, making it a civil violation rather than a criminal offense. That, however, was reversed with HB4002 in 2024.
So while there is a regulated legal pathway in Oregon, psychedelics have been re-criminalized for those in possession of magic mushrooms outside of that regulated pathway. So you can use psilocybin at a supervised center, but it is illegal to have it on you otherwise.
Colorado:
- In 2022, voters approved Proposition 122, decriminalizing personal possession, use, and cultivation of certain psychedelics, including psilocybin, for individuals aged 21 and over.
- The measure also establishes regulated healing centers where psilocybin can be administered under supervision.
We expect to see the first legal journeys occur in healing centers in the 2nd quarter of 2025. In preparation for this program to launch, Althea is already connecting people with licensed facilitators in Colorado.
Cities with Decriminalization
Several cities (including the ones below) have decriminalized possession and use of psilocybin, making enforcement a low, or the lowest, priority:
- Denver, Colorado: The first city to decriminalize psilocybin in 2019.
- Oakland and Santa Cruz, California.
- Ann Arbor, Michigan.
- Seattle, Washington.
- Washington, D.C.: Psychedelics are decriminalized as part of broader drug policy reform.
- Wondering about other areas? Psychedelic Alpha has put together an amazing tracker for the USA.
How does the federal government feel about all these state-led endeavors?
This is a fantastic question. While we don’t have a definitive answer, we do have some clues. First, there is precedent for this model of state-led drug reform with cannabis. Ultimately, when states began allowing the sale of cannabis, the federal government didn’t intervene and allowed the states to lead the way.
Second, there are certain agencies that will care about state-led legalization and decriminalization such as the FDA, DEA, DOJ, and the VA. Where do they stand?
- The FDA: In 2023, the FDA issued draft guidance on running clinical trials with psychedelic drugs. This is a good sign that as more research has centered on psychedelics, the FDA has considered that and published their thoughts on how best to run psychedelic trials.
- The VA: The Dept. of Veterans Affairs funded their first study on psychedelic-assisted therapy for Veterans in December 2024. That’s great to hear as many veterans have been advocating for access to these treatments.
- Dept of Justice: Thus far, we haven’t heard or seen anything from the DOJ to indicate they plan to crack down on state programs, but we can only imagine they are watching intently to see how it unfolds. Historically, they’ve allowed states to experiment with drug reform policies.
- The DEA: The DEA has yet to interfere with state-led programs. They are simultaneously trying to classify the psychedelics DOI and DOC as Schedule I (not good) and considering President Biden’s directive to move cannabis from Schedule I to Schedule III (good). It’s a mixed bag. The good news is that they generally focus on interstate traffic and large public health concerns.
The risk of federal repercussions is very low but is not zero. The key to reducing risks are:
- Stay within the state guidelines
- Avoid interstate and international travel with psilocybin
Key Points
- Federal vs. State Law: Even in states or cities where psilocybin is decriminalized, it remains illegal under federal law, and federal agencies could still enforce penalties though they haven’t showed any intent too yet.
- Therapeutic Programs: Legal therapeutic use in Oregon and Colorado requires participation in regulated programs—personal use outside these programs is not broadly legalized, rather ‘decriminalized’. If interested in pursuing the psilocybin therapy, complete this intake.
Conclusion
Understanding local laws is essential, as the legal status of psilocybin mushrooms in the U.S. varies by state and city and will likely change over time. Always stay informed about regulations in your area and any federal restrictions to avoid legal complications. For more information, check out this great article that dives even deeper into the subject.
