Are Magic Mushrooms Legal?

The direct answer: are magic mushrooms legal?

It depends entirely on where you are. In the United States, psilocybin (the active compound in "magic mushrooms") is federally illegal — Schedule I under the Controlled Substances Act. But two states have passed laws permitting licensed adult use, and one other state has decriminalized personal possession for adults. The picture outside the US is more varied.

The short version for US residents:

• Oregon — legal at licensed service centers (no prescription, 21+)
• Colorado — personal possession decriminalized; licensed healing centers operating
• California, Washington, Michigan, Massachusetts and 10+ other states — city-level deprioritization only; still illegal under state and federal law
• All other states — Schedule I, no reform

Why are mushrooms still federally illegal?

Psilocybin was placed in Schedule I of the Controlled Substances Act in 1970 alongside heroin and LSD. Schedule I means the federal government has concluded it has no currently accepted medical use and a high potential for abuse. That designation has not changed despite substantial clinical evidence accumulating since 2016.

Two pathways could change the federal status:

• FDA NDA approval. If COMPASS Pathways' or Usona Institute's Phase 3 trials succeed and an NDA is approved, FDA scheduling review would follow. This would likely move psilocybin to Schedule II or III, enabling medical prescribing.
• DEA administrative rescheduling. The DEA can reschedule a drug independent of the FDA process, though it rarely has for substances of this type without a prior FDA recommendation.

Neither has happened as of 2026. Psilocybin remains Schedule I.

Where are magic mushrooms legal in the US?

Oregon — licensed service centers (Measure 109)

Oregon voters approved Measure 109 in November 2020. State-licensed psilocybin service centers began operating in January 2023. Key facts:

• Adults 21 and older can access psilocybin services without a prescription or psychiatric diagnosis.
• Sessions take place at licensed facilities with a trained facilitator present. You cannot take product home.
• Over 100 licensed service centers statewide as of 2026.
• Sessions typically cost $1,800–$3,500 out-of-pocket, including preparation and the dosing session. Not covered by insurance.
• Measure 109 is a non-medical program; Oregon explicitly avoids framing it as medical treatment.

Colorado — healing centers and personal decriminalization (Prop 122)

Colorado voters approved Proposition 122 (the Natural Medicine Health Act) in November 2022. Two things happened:

• Immediate decriminalization: Personal possession, use, and gifting of psilocybin, psilocin, DMT, ibogaine, and mescaline (non-peyote) for adults 21+ became decriminalized under state law. No criminal penalty for personal quantities.
• Licensed healing centers: The Division of Professions and Occupations began issuing facilitator and healing center licenses in 2024–2025. Sessions typically cost $1,500–$4,000 and are not covered by insurance.

Note: Colorado's program does not permit retail sale. You cannot buy psilocybin mushrooms at a cannabis dispensary. Denver passed its own decriminalization measure in 2019, making it the first US city to do so.

States with city-level deprioritization (not legalization)

Approximately 30+ US cities have passed resolutions directing local police to treat entheogenic plant and fungi enforcement as the lowest priority. This is not legalization — it affects only local police enforcement priorities and does not protect against state or federal prosecution.

Major cities with deprioritization resolutions include: Oakland (CA, 2019), Santa Cruz (CA, 2020), Denver (CO, 2019), Ann Arbor (MI, 2020), Washington DC (DC, 2020), Seattle (WA, 2021), Detroit (MI, 2021), Hazel Park (MI, 2021), Ferndale (MI, 2021), Ypsilanti (MI, 2021), San Francisco (CA, 2022), Berkeley (CA, 2022), Somerville (MA, 2021), Cambridge (MA, 2021), Port Townsend (WA, 2022), Northampton (MA, 2021), Olympia (WA, 2022), Minneapolis (MN, 2022), Burlington (VT, 2023), Arcata (CA, 2023), Eureka (CA, 2023), Provincetown (MA, 2023), and others.

US state-by-state quick reference

Click any state for a full legal breakdown. See the complete legal status by state tool for pending legislation, city resolutions, and ibogaine programs.

Are magic mushrooms legal internationally?

What may change (2026–2027)

• California SB 751 (2025): If signed into law, would create a licensed psilocybin and psychedelic-assisted therapy framework — the largest US state population (39M) yet to have legal access.
• Washington, New Mexico, Maryland, and New Jersey all have active psilocybin access legislation at various stages. New Mexico has had the most sustained legislative activity — multiple bills since 2021 — though a licensed access program has not yet been fully enacted.
• COMPASS Pathways and Usona Institute Phase 3 trials are ongoing; a successful NDA could trigger federal rescheduling within a few years of submission, which would create medical prescribing access in all 50 states.
• Massachusetts — voters rejected Question 4 in November 2024 (57–43), but advocates are planning a new ballot initiative.

Are psilocybin gummies or edibles legal?

No, in any US state where psilocybin is generally illegal. The form of delivery (capsule, gummy, chocolate, tea, dried mushroom) does not change the legal status of the active compound — psilocybin itself is what is controlled. Psilocybin gummies are not legal in California, Texas, Florida, or any state without a licensed program.

In Oregon and Colorado's licensed programs, facilitated product consumption occurs on-site at licensed facilities. Retail purchase for home use is not permitted in either state.

Amanita muscaria gummies — sold in some US stores — contain muscimol, not psilocybin, and are a legally and chemically distinct product. Muscimol is not federally scheduled. Amanita muscaria products are not covered by psilocybin laws in either direction.