Legal Status of Magic Mushrooms in the United States: Where are Magic Mushrooms Legal?

With the rising interest in the therapeutic potential of psilocybin, the active ingredient in magic mushrooms, many are curious about the legal status of this substance across the United States.

This page provides a state-by-state overview of the legality of magic mushrooms in the US.

However, there are two terms we need to understand before going any further. That would be "decriminalization" and "legalization".

Understanding Decriminalization vs Legalization

The terms 'decriminalizing' and 'legalizing' might seem interchangeable but they aren't quite identical twins. They're more like fraternal siblings with unique characteristics that distinguish them from each other.

'Decriminalized' simply means reducing criminal penalties associated with personal use while still keeping sales and distribution illegal. It's akin to removing the "Cops Priority Sticker" from magic mushrooms; they become the least concern for cops among all legal infractions. This is what most states aim at when they say 'decriminalize psilocybin possession'.

In contrast, when we talk about 'Legalized', it means giving green light not just to consumption but also regulated sale and production – something akin to alcohol or tobacco regulations today.

This tug-of-war between legalization and decriminalization is played out on state level as every state sets its own drug policies independently of federal laws, creating an intricate patchwork across US map.

Now that we've cleared that up, we can safely take a look at the legality of magic mushrooms at a state-by-state level.

Further Reading

• DEA Fact Sheet on Psilocybin
• Magic Doze Mushroom Glossary