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Where Are Shrooms Legal In the US? State-By-State Break Down.

Updated: Dec 29, 2022


Where Are Shrooms Legal In US?

By Therin Miller | The Chronic Magazine


Mushrooms are a type of fungus that has been used for centuries in religious ceremonies. Today, many people enjoy mushrooms for their psychoactive and hallucinogenic properties. The effects of magic mushrooms can cause users to see, hear, and feel things that are not real. This can result in an altered perception of reality, which can be frightening for some people. While mushrooms have often been associated with spiritual practices and self-discovery, a bad trip can cause the user to experience anxiety, paranoia, hallucinations, and psychosis. Classic psychedelics have been used among Indigenous populations in spirituality and medicine.

While the use of mushrooms is legal in some countries, it is illegal in others. It is important to research the laws in your state before consuming mushrooms. In the United States, the legal status of mushrooms depends on their classification. The active ingredient in mushrooms that causes hallucinations is called psilocybin. Psilocybin-containing mushrooms are considered Class 1 substances, which means that they have a high potential for abuse and are not currently accepted for medical use. As a result, mushrooms are illegal to possess or sell in the United States. However, the movement to decriminalize psilocybin mushrooms is getting mainstream attention with scientific research, numerous mental health studies, and other medical purposes and medical benefits.


Psilocybin Therapy and Recent Studies

The use of psilocybin (the psychedelic substance) is being reconsidered in light of recent studies that have shown its potential benefits for a variety of mental health conditions. Some states are looking into legalizing its use for all adult patients, while others are considering limiting it to those with PTSD or other conditions. There is evidence that psychedelics such as psilocybin can have positive effects on conditions like PTSD, anorexia, chronic pain, fibromyalgia, and addiction.


There is still some debate over the safety of psilocybin, especially when it comes to using it for therapeutic purposes. However, the U.S. Food and Drug Administration has recognized its potential as a breakthrough therapy for severe depression. This is an exciting development, but there is still more research to be done in order to determine the safest and most effective ways psilocybin use can be for treatment and other therapeutic use.


Where Are Mushrooms Legal?

In November 2020, Oregon voters passed the 2020 Oregon Ballot Measure 109, making it the first state to decriminalize psilocybin mushrooms and also legalize shrooms for therapeutic use.


According to the Oregon health authority, this means that people in Oregon will no longer be punished for possessing psilocybin mushrooms or using them, and those with serious mental health issues will be able to use psilocybin legally under the supervision of a doctor for personal use. In Denver, Santa Cruz, Oakland, Washington D.C., Somerville, Cambridge, Seattle, and Arbor, Michigan, mushrooms have also been decriminalized meaning that those in possession of hallucinogenic mushrooms can be taken as technically legal. Decriminalization in these states also means that a person can cultivate and possess them without worrying about breaking state law, therefore will not face criminal prosecution even though they are still against federal law. Psilocybin mushrooms are still illegal to sell, however.

The Controlled Substances Act of 1970, which came into force in 1971, classifies psychedelics and other drugs like LSD, DMT, psilocybin, and mescaline as Schedule I substances. This means that they are considered to have a high potential for abuse with no recognized medical value. However, psychedelic substances have been shown to have a low potential for abuse and many therapeutic benefits. Despite this, they remain in Schedule I due to political reasons for both medical and recreational use. In June 1971, then U.S. President Richard Nixon announced that drug abuse was "public enemy number one" and included psychedelics in his "war on illicit drugs".


Magic Mushroom Laws State-By-State


Where Are Shrooms Legal In US? State-by State Breakdown

Alabama

Are magic mushrooms Illegal in Alabama?


Yes!


Alaska

Are magic mushrooms Illegal in Alaska?


Yes!


Arizona

Are magic mushrooms Illegal in Arizona?


Yes!


Arkansas

Are magic mushrooms Illegal in Arkansas?

Yes!


California

Are magic mushrooms Illegal in California?


Yes!

However, there are several cities that have decriminalized such as Santa Cruz and Oakland. There is a bigger movement within the state to legalize psilocybin. As for the rest of the state currently, psilocybin remains illegal.


Colorado

Are magic mushrooms Illegal in Colorado?


Yes!


However, Denver has recently decriminalized psilocybin mushrooms. The rest of the state still considers shrooms as illegal substances.


Connecticut

Are magic mushrooms Illegal in Connecticut?

Yes!


Delaware

Are magic mushrooms Illegal in Delaware?


Yes!


Florida

Are magic mushrooms Illegal in Florida?


Yes!


Georgia

Are magic mushrooms Illegal in Georgia?


Yes!


Hawaii

Are magic mushrooms Illegal in Hawaii?


Yes!


However, Hawaiian lawmakers are considering to legalize psilocybin as the movement has gained more popularity and momentum in recent years.


Idaho

Are magic mushrooms Illegal in Idaho?


Yes!


Illinois

Are magic mushrooms Illegal in Illinois?


Yes!


Indiana

Are magic mushrooms Illegal in Indiana?


Yes!


Iowa

Are magic mushrooms Illegal in Iowa?

Yes!


Kansas

Are magic mushrooms Illegal in Kansas?

Yes!


Kentucky

Are magic mushrooms Illegal in Kentucky?

Yes!


Louisiana

Are magic mushrooms Illegal in Louisiana?

Yes!


Maine

Are magic mushrooms Illegal in Maine?

Yes!


Maryland

Are magic mushrooms Illegal in Maryland?

Yes!


Massachusetts

Are magic mushrooms Illegal in Massachusetts?


Yes!


However, psilocybin and psilocin are decriminalized in four cities Cambridge, Northampton, Somerville, and Easthampton.

As for the rest of the state it is considered Illegal.


Michigan

Are magic mushrooms Illegal in Michigan?


Yes!

However, Detroit and Anne Arbor have decriminalized psilocybin mushrooms but they still remain illegal throughout the rest of the state.


Minnesota

Are magic mushrooms Illegal in Minnesota?


Yes!

Mississippi

Are magic mushrooms Illegal in Mississippi?


Yes!

Missouri

Are magic mushrooms Illegal in Missouri?


Yes!


However, psilocybin mushroom spores are legal within Missouri and are also legal for sale.


Montana

Are magic mushrooms Illegal in Montana?


Yes!


Nebraska

Are magic mushrooms Illegal in Nebraska?


Yes!


Nevada


Are magic mushrooms Illegal in Nevada?


Yes!


New Hampshire

Are magic mushrooms Illegal in New Hampshire?


Yes!

New Jersey

Are magic mushrooms Illegal in New Jersey?

Yes!

New Mexico

Are magic mushrooms Illegal in New Mexico?


Yes!


However, the laws surrounding psychedelic mushrooms are a little unique regarding cultivating or possessing psilocybin mushrooms which are legal for personal use. If you were to get caught you can expect very little if anything to happen.


New York

Are magic mushrooms Illegal in New York?


Yes!


North Carolina

Are magic mushrooms Illegal in North Carolina?


Yes!


North Dakota

Are magic mushrooms Illegal in North Dakota?


Yes!


Ohio

Are magic mushrooms Illegal in Ohio?

Yes!


Oklahoma

Are magic mushrooms Illegal in Oklahoma?


Yes!


However, Mushroom spores are legal in the state but Oklahoma has some of the harshest penalties and drug laws in the country which carry long and lengthy sentences.


Oregon

Are magic mushrooms Illegal in Oregon?


No!


Oregon has decriminalized psilocybin use and legalized it for mental health treatment and therapeutic use. Oregon has not only started a psychedelic renaissance movement but has also been an example for other states to look to as they loosen laws across the country. However, the sale of this substance without a certificate is punishable by heavy fines or even imprisonment. This is one of the only magic mushroom "legal" states.


Pennsylvania

Are magic mushrooms Illegal in Pennsylvania?

Yes!


Rhode Island

Are magic mushrooms Illegal in Rhode Island?


Yes!


South Carolina

Are magic mushrooms Illegal in South Carolina?


Yes!


South Dakota

Are magic mushrooms Illegal in South Dakota?


Yes!


Tennessee

Are magic mushrooms Illegal in Tennesee?


Yes!


Texas

Are shrooms illegal in Texas?


Yes!


Much like Oklahoma, Texas has some of the country's harshest drug laws and carries sentences anywhere from 5-99 years for illegal possession of a controlled substance.


Utah

Are magic mushrooms Illegal in Utah?


Yes!


Vermont

Are magic mushrooms Illegal in Vermont?


Yes!


Virginia

Are magic mushrooms Illegal in Virginia?


Yes!


Washington

Are magic mushrooms Illegal in Washington?


Yes!

However, Seattle has decriminalized psilocybin mushrooms but psychedelic plants are illegal for the rest of the state.


Washington DC

Are magic mushrooms Illegal in Washington DC?


No!


Voters approved and passed the Entheogenic Plants and Mushrooms Act of 2020, which made it fully legal to use psychedelic mushrooms.


West Virginia

Are magic mushrooms Illegal in West Virginia?

Yes!


Wisconsin

Are magic mushrooms Illegal in Wisconsin?

Yes!


Wyoming

Are magic mushrooms Illegal in Wyoming?


Yes!


How magic mushrooms could follow in the footsteps of cannabis?

This movement is being driven by a shift in attitudes towards these substances. This shift is due in part to the changing perception of cannabis over the past decade. This change is largely due to the increasing amount of research into the psychedelic effects of these substances, as well as the personal experiences of those who have used them. This research is showing that these substances have a number of potential benefits, including helping veterans with PTSD. As a result, some lawmakers are beginning to rethink the prohibition of these drugs.


Supporters of regulation argue that by controlling the use of these substances in therapy, it can help prevent harm. However, there are risks associated with this model: A podcast series from New York Magazine investigated the potential for abuse and manipulation by therapists or guides during psychedelic therapy sessions, even in cases where the therapy is federally sanctioned. Many of these substances can leave people who are under their influence vulnerable to abuse.


So, where are mushrooms legal in the US? The answer is that it depends on the state. Psychedelic use and recent studies have shown a lot of promise for the use of mushrooms, and it’s possible that they could follow in the footsteps of cannabis as far as being decriminalized or legalized. It will be interesting to see how this all plays out, but for now, if you want to try shrooms, you’ll need to do your research to find out where they’re legal. Have you tried shrooms before? What was your experience like?


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