In the United States, psilocybin is classified as a Schedule I substance under the Controlled Substances Act, which prohibits its use, sale, and possession under federal law. Despite this, campaigns to decriminalize and legalize the medical use of psilocybin have succeeded in several jurisdictions since 2019.
Denver became the first city to decriminalize psilocybin in May 2019, followed by Oakland in June 2019, Santa Cruz, California in January 2020, and Washington, D.C. in November 2020. Oregon voters passed two ballot measures in 2020, making it the first state to legalize the supervised use of psilocybin and decriminalize possession of all drugs, including psilocybin. Colorado followed with a similar medical use and decriminalization measure in 2022. Since then, reforms have been enacted in more jurisdictions across the U.S.
Background
Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms." In the United States, it was banned in 1970 by the Controlled Substances Act. Under this act, psilocybin is classified as a Schedule I controlled substance that has "no accepted medical use and a high potential for abuse." In the 2005 case of State of New Mexico vs David Ray Pratt, New Mexico's Court of Appeals found that if one grows psilocybin mushrooms for personal use, it is not considered "manufacturing of a controlled substance" under state law.Williams, Brett. "Mind the Magic Shrooms". Santa Fe Reporter. March 11, 2014.
In February 2019, Troy Farah of Wired reported on two grassroots movements in Oregon and the city of Denver, Colorado, that were pushing for the decriminalization of psilocybin. Advocates for decriminalizing psilocybin have formed their movement based on the rapid legalization of cannabis in the United States. As of August 2024, decriminalization efforts have not included synthetic psychedelics such as lysergic acid diethylamide (LSD) and MDMA. American author Michael Pollan, writing for The New York Times, criticized the movement for being a premature push, "before the researchers have completed their work". He wrote, "We still have a lot to learn about the immense power and potential risk of these molecules, not to mention the consequences of unrestricted use." At the same time, he urged that "no one should ever be arrested or go to jail for the possession or cultivation of any kind of mushroom." Pollan acknowledged the low risks of the drug's use, but cited a survey that nearly eight percent of people needed psychiatric treatment after experiencing a bad trip. His end goal however is legalization not just for psilocybin therapy: "I look forward to the day when psychedelic medicines like psilocybin, having proven their safety and efficacy in F.D.A.-approved trials, will take their legal place in society, not only in mental health care but in the lives of people dealing with garden-variety unhappiness or interested in spiritual exploration and personal growth."
In May 2018, Donald Trump signed the Right to Try Act, with certain doctors suggesting that it allows terminally ill patients to use psychedelics for treatment. In October 2018, the Food and Drug Administration granted psilocybin "breakthrough therapy" status for research. The drug was granted this status again in November 2019. Decriminalization advocates have cited research that suggests that the drug is non-addictive and causes a low amount of emergency visits when compared to other illegal drugs. Other research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence. Advocates have also claimed that decriminalization would redirect law enforcement's attention and limited resources from policing private psychedelic usage, to higher priorities affecting the general public (e.g. violent crime).
Legality
Decriminalization In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms after a ballot initiative narrowly won with 50.6% of the vote. The initiative did not legalize mushrooms but prohibited Denver from spending any resources to prosecute people for their use or possession. The law applies to adults aged 21 and over, and psilocybin remained illegal in the rest of Colorado until the official implementation of decriminalization in law across the whole state on December 27, 2022, after the passing of the state-wide Proposition 122 initiative on November 28, 2022.
The following month in June 2019, 130 individuals testified over two days to the city council in Oakland, California, about their prior experiences with psilocybin and other entheogens. This was the origin of the Decriminalize Nature movement. Following the testimonies, the city council unanimously voted to decriminalize mushrooms with psilocybin and psilocin, along with other naturally derived psychedelics like plants with ibogaine, plant combinations similar to ayahuasca that have DMT, and plants with mescaline like peyote.
In January 2020, Santa Cruz, California, voted unanimously to decriminalize the adult possession and cultivation of psilocybin and other entheogens, supported by Decriminalize Nature Santa Cruz. Commercial sale of psilocybin is still illegal.
In September 2020, the City Council of Ann Arbor, Michigan, voted unanimously in favor of a resolution brought forward by Decriminalize Nature Ann Arbor declaring the investigation or arrest of anyone for planting, cultivating, purchasing, transporting, distributing, engaging in practices with or possessing entheogenic plants or plant compounds to be the city's lowest law enforcement priority.
In November 2020, the state of Oregon became the first U.S. state to both decriminalize psilocybin and also legalize it for supervised non-medical use after Ballot Measures 109 and 110 passed. However, the Oregon Legislature repealed the decriminalization component of Ballot Measure 110 in 2024. Furthermore, following the passage of Measure 109 in 2020, multiple counties and cities voted to block its implementation. As of 2023, psilocybin therapy in Oregon is permitted in Benton, Columbia, Deschutes, Hood River, Jackson, Lane, Lincoln, Multnomah, Wasco, Washington, and Yamhill counties.
In November 2020, the District of Columbia passed initiative 81; the short title of the initiative was the Entheogenic Plant and Fungus Policy Act of 2020 and it came into effect on March 15, 2021. It decriminalizes psilocybin drugs, which are psychedelics including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for DC police.
In January 2021, Washtenaw County, Michigan, followed suit. That same month, the City Council of Somerville, Massachusetts, supported by Decriminalize Nature Somerville voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms and ibogaine.
In February 2021, after continuous outreach by Decriminalize Nature Massachusetts and Bay Staters for Natural Medicine, the City Council of Cambridge, Massachusetts, and in March 2021, Northampton, Massachusetts, followed.
In October 2021, the City Council of Seattle, Washington, and Arcata, California, voted unanimously to deprioritize enforcing entheogen prohibition.
On October 20, 2021, the City Council of Easthampton, Massachusetts, voted 7–0 on a non-binding resolution to support ending arrests for the growing of entheogenic plants and fungi, as well as to support decriminalization of the possession of most controlled substances.
On November 3, 2021, Detroit voters approved Proposal E, making Detroit the latest city to "decriminalize nature", as supporters call it. Proposal E, a ballot initiative, passed with 61% of voters supporting a law that will, "to the fullest extent permitted under Michigan law", make "the personal possession and therapeutic use of entheogenic plants by adults the city's lowest law-enforcement priority".
On December 20, 2021, the city of Port Townsend, Washington, adopted a resolution requesting that "investigating, arrest, and prosecution of adults engaging in entheogen-related activities, included but not limited to... should be a City of Port Townsend low enforcement priority when done in a nonpublic place".
On March 22, 2022, Hazel Park became the third Michigan city to decriminalize natural psychedelics with the support of Decriminalize Nature Hazel Park.
On September 7, 2022, San Francisco Board of Supervisors unanimously approved a measure calling for the decriminalization of the use of entheogenic plants with the support of Decriminalize Nature San Francisco.
In March 2022, Colorado activists picked a psychedelic reform initiative (Proposition 122) out of three other similar initiatives and started a signature campaign to place the measure on the state's 2022 election ballot. By July 2022, the reform initiative made the Colorado ballot for the 2022 midterm elections. The ballot initiative was passed in November 2022 by over 50% of those who voted. The proposition was for the decriminalization of the possession, growing, and sharing of five psychedelics for personal use: psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for those aged 21-years-old and over. The initiative also included the legalization of "healing centers" that are licensed by the state's Department of Regulatory Agencies, where those aged 21 and over can buy, consume, and take psychedelics under supervision. It will at first only include psilocybin but allows for expansion to include DMT, ibogaine, and mescaline in 2026. On July 1, 2023, the state created the Natural Medicine Advisory Board and a division within the Department of Revenue for regulating and licensing the listed fungi and plants. The Department of Revenue's Natural Medicine Division issued Colorado's first healing center business license on March 31, 2025. The first healing center in Colorado opened in July 2025.
On February 27, 2023, Ferndale, Michigan, became the fourth city in Michigan to decriminalize entheogenic plants and fungi supported by Decriminalize Nature Ferndale.
In May 2023, Jefferson County, Washington, decriminalized the use of entheogenic plants and fungi.
On July 11, 2023, Berkeley, California, became the fifth city in California to decriminalize entheogenic plants and fungi with the support of Decriminalize Nature Berkeley.
On July 23, 2023, Minneapolis, Minnesota, decriminalized entheogenic plants and fungi via mayoral executive order.
On October 3, 2023, the City Council in Portland, Maine, has voted to deprioritize the local enforcement of laws against psychedelic plants and fungi.
In October 2023, 'Massachusetts for Mental Health Options' received approval from the state attorney general to pursue a ballot initiative in Massachusetts for the 2024 elections. The initiative sought to legalize the personal use of psychedelics, including the home cultivation of entheogenic plants and fungi. However, it was rejected by voters, with 57.1% voting no.
On January 9, 2024, the City Council in Ypsilanti, Michigan, effectively decriminalizes entheogens through the advocacy of Decriminalize Nature Ypsilanti
On August 13, 2024, the City Council in Olympia, Washington, decriminalized plant-based hallucinogens, including psilocybin mushrooms with the support of Decriminalize Nature Olympia.
On January 28, 2025, the City Council in Tacoma, Washington, decriminalized natural psychedelics containing tryptamines, phenethylamines, and indolamines.
On December 16, 2025, the City Council in Jackson, Michigan effectively decriminalized entheogens through the advocacy of Decriminalize Nature Jackson, the sixth city in Michigan