So at least in Travis County, if you get caught with a gram or less of mushrooms, you`ll probably avoid stopping for possession of controlled substances. However, a gram is a fairly small amount of the drug, so it is certainly still possible to be prosecuted for illegal mushrooms in Austin. In many state, and provincial drug laws, there is a lot of confusion about the legal status of psilocybin mushrooms, as well as a strong element of selective enforcement in some places, as psilocybin and psilocin are considered illegal without a license to possess substances, but the mushrooms themselves are not mentioned in these laws. The legal status of psilocybe spores is even more ambiguous because the spores do not contain psilocybin or psilocin and are therefore not sold or possessed illegally in many jurisdictions, although many jurisdictions are prosecuted under broader laws prohibiting items used in the manufacture of drugs. Some jurisdictions (such as the US states of California, Georgia and Idaho) have specifically banned the sale and possession of psilocybin fungal spores. Growing psilocybin mushrooms is considered a manufacture of medicines in most countries and is often severely punished, although some countries and one US state (New Mexico) have decided that growing psilocybin mushrooms is not considered a controlled substance. 3. In November 2020, Oregon voters passed a voting initiative that legalized “magic mushrooms” for mental health treatment in supervised facilities effective Feb. 1, 2021. [7] [8] [9] A bill is currently pending before the California legislature that would legalize the “possession, acquisition, transfer or transport of certain quantities of psilocybin, psilocyne, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD) and 3,4-methylenedioxymethamphetamine (MDMA).” The bill was approved by the California Senate with 21 votes in favor. The bill is currently on the committee of the California State Assembly.
[10] “I don`t know much about it.” That`s part of the problem,” said Mary Anne Crandall, who supports a local ban on psilocybin after cannabis was introduced in difficult 2015. She and others in Jackson County recalled promises from lawmakers and cannabis advocates that legalizing the drug would eliminate the cartel`s influence and end illegal cultivation. A wave of local and state initiatives offering protection or non-persecution to psilocybin users is underway – thanks in part to the direct democracy framework enjoyed by parts of the United States. As of 2023, magic mushrooms are only legal in one state, with some significant restrictions. In November 2020, the state of Oregon became the first U.S. state to decriminalize and legalize psilocybin for therapeutic purposes following the passage of election measure.109 [1] Further north, in McMinnville, Oregon, farmer Jason Lampman has his eye on potential on a much smaller scale. He hopes to turn his 1-acre orchard into a psilocybin service center and treat locals, grow mushrooms in a modernized shipping container and greet customers in a yurt for a few hours at a time. That hallucinogenic trip, and how he then unpacked it, he said, “was one of the most important experiences of my life,” he said. Since then, he has traveled abroad four or five times for hallucinogenic trips, most recently with mushrooms. As research into the medicinal and therapeutic benefits of magic mushrooms continues, the U.S.
may see a gradual change in their legality. In November 2022, voters in the mountainous state could give the green light to regulated access to psilocybin sessions. There is an active debate in the state about whether the Natural Medicine Health Act presented to voters is the best step forward. In addition to legalizing psilocybin sessions, it opens the door to legal therapy with other psychedelics and includes a decriminalization provision. Proponents say regulated access at the state level is important, while opponents say the bill`s authors did not consider local interest groups and did not focus on decriminalization and justice. Denver, the state capital, has already decriminalized. However, PDEA has arrested illegal drug traffickers who have sold psilocybin mushrooms in the past, among other illegal substances. [68] [69] Although psilocybin and psilocin have long been on the list of controlled substances in Switzerland, mushrooms themselves were not explicitly banned until 2002, first by the Swiss Agency for Therapeutic Products and then by a revision of the Narcotics Act in 2008. Until 2002, magic mushrooms were readily available in Switzerland and, according to a Swiss medical authority, their ban was aimed at preventing their growing popularity in the country. However, some local health and judicial authorities have criticized the ban on magic mushrooms, as surveys have shown that it has had little impact on reducing their consumption in the country.
[81] [82] In the United States, only states like Oregon and Maine decriminalized magic mushrooms in November 2020 and March 2021, respectively. In California, a bill passed the Senate, but it went no further. Supporters of the movement cited new research indicating potential medical applications for the drug. Oregon voters passed Oregon Poll 109, 2020, becoming the first state to decriminalize and legalize psilocybin for therapeutic purposes. [1] [2] The use, sale and possession of psilocybin in the United States is illegal under federal law, despite state laws. Psilocybin, the main psychoactive compound in magic mushrooms, is still a government-controlled Schedule I drug. Schedule I classification means that psilocybin mushrooms have no medically accepted use under federal regulations and have a high potential for abuse. But FDA-approved trials for the designated breakthrough therapy continue to be used in major depressive disorder and treatment-resistant depression, and psilocybin could be available by prescription by 2025. And it should be noted: it is not an offense if magic mushrooms grow on your land; It would be impossible to exclude the natural process.