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. 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
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![Psilocybin decriminalization in the United States: Psilocybe semilanceata, a psilocybin mushroom species commonly sold in the United States.[4]](https://upload.wikimedia.org/wikipedia/commons/thumb/4/4a/Psilocybe_semilanceata_6514.jpg/500px-Psilocybe_semilanceata_6514.jpg?utm_source=en.wikipedia.org&utm_campaign=parser&utm_content=thumbnail)

