What You Should Know About Magic Mushroom Laws in the United States 

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The use of magic mushrooms, otherwise known as psilocybin mushrooms, remains controversial in the United States. In recent years, the federal and state laws have been considered to loosen the restrictions for magic mushrooms.  

The popularity of these mushrooms also has become widespread. There is active clinical research on how effective psilocybin mushrooms are as a recreational drug. Regardless of this mounting popularity, magic mushrooms are still federally and state-wise banned, and the charge for possession of mushrooms is serious in several states.  

We’ll discuss what the legal landscape is like around the possession, use, and cultivation of psilocybin mushrooms.  

What Are Magic Mushrooms? 

The definition for magic mushrooms includes a variety of fungi that have a substance called psilocybin, which is a psychedelic compound that can induce hallucinogenic effects once consumed.  

Despite being banned in most states and being a legalized recreational drug in some places, there is research about the potential for its therapeutic benefits, such as combating anxiety, depression, and PTSD.  

Federal Laws Governing Magic Mushrooms  

Despite studies showing that psilocybin mushrooms have medicinal value, the federal laws in the United States classify psilocybin, the active compound in the psychedelic mushrooms, as a Schedule I drug by the 1971 Convention on Psychotropic Substances, stating that it has no recognized medical use and is considered to have a high potential for abuse.  

So, possession, cultivation, and distribution or selling are federally illegal in the United States, and you may get charged, fined, or even imprisoned depending on the depth of the offense.  

State Laws Governing Magic Mushrooms  

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State-wise the laws regarding magic mushrooms are complex. Some states and cities have been legalizing and creating exceptions for the possession and use of magic mushrooms.  

States Where Magic Mushrooms Are Legal  

Oregon became the first state to legalize supervised therapeutic use of magic mushrooms for people above the age of 21 in licensed service centers. They can buy, possess, or use magic mushrooms in service centers under supervision. Possessing mushrooms outside of these centers is a misdemeanor.  

Colorado became the first state to legalize personal consumption and cultivation of magic mushrooms with certain restrictions for adults above the age of 21. They can access mushrooms through licensed healing centers.  

New Mexico became the third state to legalize the use of magic mushrooms for therapeutic use with professional assistance. The trained facilitators can guide adults through psilocybin experiences in a safe setting, not for recreational purchase.  

This law took effect on April 8th, 2025. The state will make the program fully operational by December 31, 2027.  

Cities Governing the Laws for Magic Mushrooms  

No US cities have legalized magic mushrooms for recreational use. However, several cities have decriminalized or loosened laws regarding the use and cultivation of magic mushrooms, notably Oakland, Santa Cruz, Washington, D.C., Seattle, Detroit, Ann Arbor, Somerville, Northampton (MA), and Cambridge (MA).  

The enforcement in some of these cities may not be a priority.  

States with Active Clinical Trials and Studies  

Many locations in some states conduct regulated medical research programs or FDA-approved clinical trials where adult participants must be qualified and allowed to consume small amounts of psilocybin for research.  

These states include California, Maryland, Utah, Connecticut, Washington, and New York.  

Penalties and Charges for Possessing Magic Mushrooms  

• Both federal and state laws consider possession of mushrooms a misdemeanor with penalties of a few days to one year in prison with a minimum $1000 fine. Subsequent offenses have severe penalties.  
• Cultivating mushrooms is considered a felony with a maximum 20-year federal prison sentence and a fine of $1 million.  

Conclusion  

If you or someone you know has been charged for possessing magic mushrooms, contact a criminal defense attorney to represent you and protect your rights. Even a minor conviction can end up in your criminal record, so make hiring an attorney your first priority.  

Key Takeaways  

• Federal law considers magic mushrooms to have no medicinal value and a potential for abuse.  
• In Colorado, personal use of mushrooms under supervision is legal for adults above 21.  
• Oregon and New Mexico have legalized regulated use of mushrooms for adults in licensed centers.  
• Several cities have decriminalized the law for mushrooms where enforcement is not a priority.  
• In some states, an adult individual can consume mushrooms by signing up for clinical trials. 
• While possession of magic mushrooms is a misdemeanor, cultivation penalties are more serious and considered a felony.