Are shrooms legal? What to know about psilocybin mushrooms and the states where they are illegal

The question of drug decriminalisation is regularly a hot topic across the world, with convincing arguments both for and against. It seems the same topic has risen once again in the United States, this time with psilocybin mushrooms, commonly known as ‘shrooms’.

No they’re not the Super Mario type, they instead alter your perception, give you hallucinations, and even a distorted sense of self. Come to think of it, they’re pretty similar to whatever Mario likes to take before fighting Bowser.

At present, at the federal level in the United States, psilocybin remains classified as a Schedule I substance under the Controlled Substances Act. That means it’s considered to have no accepted medical use and a high potential for abuse. Possession, distribution, or production of psilocybin can carry severe penalties under federal law.

However, despite such a blanket prohibition, state and municipal laws differ dramatically regarding magic mushrooms, with some jurisdictions having eased up, either by reducing penalties or allowing supervised medical use, while others continue to enforce bans.

Decriminalisation vs. legalisation: what’s the difference?

These two terms often get conflated, but they mean very different things. Decriminalisation typically means that, even though a substance is still technically illegal, enforcement is relaxed: authorities may decline to prosecute someone for mere possession.

Legalisation, however, means that use, possession, or production become lawful under specified rules or licenses.

Where can you legally use psilocybin?

At present, full legalisation is quite rare. Two states have moved furthest down that road:

• Oregon allows psilocybin in regulated therapeutic settings run by licensed providers.
• Colorado has also created a legal framework for psychedelic-assisted therapy, including psilocybin.

Several other states and cities have adopted more modest reforms. For example:

• In some local jurisdictions, possession is treated as a low law-enforcement priority.
• Others have passed measures to decriminalise small amounts.
• Several states (like California, Connecticut, and Massachusetts) are considering bills to legalise therapies involving psilocybin.

In much of the country, psilocybin remains illegal full stop. States such as Alabama, Arkansas, Idaho, and South Carolina maintain bans with active enforcement.

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