Legal Status of Psilocybin
Psilocybin is a Schedule I drug in the United States and a Schedule III drug in Canada. Effectively, these classifications identify psilocybin as having no medical use and the potential for harm and abuse.
We will soon learn that psilocybin has a low harm score and abuse potential compared to other legal substances.
Legalization Map
Review the map below by selecting Canada, the United States, and the regions within to identify where psilocybin is legal and for what purpose.
Canada
Psilocybin and psilocin are illegal for recreational and therapeutic consumption (Schedule III) (Canada, 2022). Health Canada has a special access program which allows certain health professionals to apply on behalf of their client to use psilocybin for psilocybin-assisted therapy to treat serious, treatment-resistant, or life-threatening conditions (Numinus, 2022).
Alberta
Alberta is in the process of legalizing psilocybin, MDMA, and peyote for the purposes of psychedelic-assisted therapy (Cook, 2022).
United States
Psilocybin and psilocin are illegal (Schedule I) (DEA, 2022)
Denver, Colorado
Psilocybin was decriminalized in 2019 (Ducharme, 2019).
San Francisco, California
Psilocybin was decriminalized in 2022 (Jaeger, 2022).
Oakland, California
Psilocybin was decriminalized in 2019 (Weise & della Cava, 2019).
Oregon
Psilocybin was decriminalized in 2020 and legalized for psychedelic-assisted therapy at the state level (Naftulin, 2020); however only in Jackson and Deschutes County has psilocybin-assisted therapy been legalized because the other Oregon counties voted against allowing psilocybin-assisted therapy (Vaughan, 2022).
Santa Cruz, California
Psilocybin was decriminalized in 2020 (McCarthy, 2020).
Ann Arbor, Michigan
Psilocybin was decriminalized in 2020 (Stanton, 2020).
Washington, D.C.
Psilocybin was decriminalized in 2020 (Pusatory, 2020).
Washtenaw County
Psilocybin was decriminalized in 2021 (Jordan, 2021).
Somerville, Massachusetts
Psilocybin was decriminalized in 2021 (Margolin, 2021).
Cambridge, Massachusetts
Psilocybin was decriminalized in 2021 (Jaeger, 2021).
Northampton, Massachusetts
Psilocybin was decriminalized in 2021 (Katcher, 2021).
Easthampton, Massachusetts
Psilocybin was decriminalized in 2021 (Stephen, 2021).
Seattle, Washington
Psilocybin was decriminalized in 2021 (Kary, 2021).
Port Townsend, Washington
Psilocybin was decriminalized in 2021 (Herrington, 2021).
Arcata, California
Psilocybin was decriminalized in 2021 (Cortez, 2022).
Detroit, Michigan
Psilocybin was decriminalized in 2021 (Burns, 2021).
Colorado
Psilocybin was legalized in 2022 (Jefferies, 2022).
Note
Since the legality of psilocybin is constantly changing, this map may not be up to date at the time of reading. The last update of this map was December 2022.
Decriminalization vs Legalization
In places where psilocybin is decriminalized, this does not necessarily mean that psilocybin is legal. Decriminalization means that the police and government will not be spending any time or money in the prosecution of individuals, however it is still illegal. Conversely, legalization is the action of making something that was previously illegal permissible by law. Legalization can also take various forms. For example, in Oregon and Colorado, psilocybin is still a controlled substance and is legal for specific uses by licensed providers.
Activity
Select a country other than Canada and the United States, and research both the legal status of psilocybin in that region as well as a brief history of how psilocybin-producing mushrooms have been used in the region by Indigenous Peoples, if applicable.
Record your findings in a video using Flip.
References
Burns, G. (2021). Detroit mushroom vote adds momentum to Michigan efforts to decriminalize psychedelics. Michigan Live. https://www.mlive.com/public-interest/2021/11/detroit-mushroom-vote-adds-momentum-to-michigan-efforts-to-decriminalize-psychedelics.html
Canada (2022). Controlled Drugs and Substances Act (S.C. 1996, c. 19). https://laws-lois.justice.gc.ca/eng/acts/c-38.8/page-11.html#docCont
Cook, S. (2022). Research, remedy and regulation: the changing dynamics of psychedelic therapy in Alberta. CBC. https://www.cbc.ca/news/canada/edmonton/psychedelics-alberta-regulations-united-conservative-party-government-ketamine-psilocybin-mdma-1.6622674
Cortez, M. (2022). Arcata decriminalized mushrooms. Was the bust on the plaza legal? Agencies say yes. Times Standard. https://www.times-standard.com/2022/03/26/arcata-decriminalized-mushrooms-was-the-bust-on-the-plaza-legal-agencies-say-yes/
Ducharme, J. (2019). Denver Approves Decriminalizing Psilocybin Mushrooms in Unofficial Results, as Public Support for Psychedelic Drug Research Grows. Time. https://time.com/5585635/denver-magic-mushrooms-vote/
FDA (2022). Controlled substances – alphabetical order [PDF]. https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf
Herrington, A. J. (2021). Washington City Votes To Decriminalize Psychedelics. Forbes. https://www.forbes.com/sites/ajherrington/2021/12/22/washington-city-votes-to-decriminalize-psychedelics/?sh=4806914b1f42
Jaeger, K. (2021). Cambridge City Council Decriminalizes Psychedelics And Urges Police To End Drug Arrests More Broadly. Marijuana Moment. https://www.marijuanamoment.net/cambridge-city-council-decriminalizes-psychedelics-and-urges-police-to-end-drug-arrests-more-broadly/
Jefferies, D. (2022). Colorado just legalized ‘magic mushrooms,’ an idea that’s growing nationwide. CNBC. https://www.cnbc.com/2022/11/12/colorado-just-legalized-magic-mushrooms-an-idea-thats-growing-nationwide.html#:~:text=Voters%20in%20Colorado%20approved%20a,do%20so%20in%20two%20years.
Jordan, J. (2020). Washtenaw County says cases involving natural psychedelics will no longer be charged. Detroit Metro Times. https://www.metrotimes.com/weed/washtenaw-county-prosecutor-announces-cases-involving-marijuana-magic-mushrooms-and-psychedelic-plants-will-no-longer-be-charged-26218702
Kary, T. (2021). Seattle Votes to Decriminalize Psilocybin and Similar Substances. Bloomberg. https://www.bloomberg.com/news/articles/2021-10-04/seattle-votes-to-decriminalize-psylocybin-and-similar-substances
Katcher, W. (2021). Northampton City Council votes in support of decriminalizing psychedelic drugs. MassLive. https://www.masslive.com/politics/2021/04/northampton-city-council-votes-in-support-of-decriminalizing-psychedelic-drugs.html
Law, T. (2022). Colorado Voted to Decriminalize Psilocybin and Other Psychedelics. Time. https://time.com/6232212/colorado-decriminalizes-psychedelics-psilocybin-proposition-122/
Margolin, M. (2021). Breaking: Somerville, Massachusetts Decriminalizes Naturally Occurring Psychedelics. DoubleBlind Mag. https://doubleblindmag.com/somerville-massachusetts-decriminalize-nature/
McCarthy, K. (2021). Santa Cruz decriminalizes psychedelic mushrooms. ABC News. https://abcnews.go.com/US/santa-cruz-decriminalizes-psychedelic-mushrooms/story?id=68611065
Numinus (n.d.). Other programs. https://numinus.com/services/other-programs/
Pusatory, M. (2021). Magic mushrooms officially decriminalized in DC. WUSA9. https://www.wusa9.com/article/news/local/dc/dc-magic-mushroom-decriminalized-as-of-march-16/65-d7d47bdc-60f4-497d-81e9-e9db4d109406
Stanton, R. (2020). Ann Arbor OKs move to decriminalize psychedelic mushrooms, plants. M Live. https://www.mlive.com/news/ann-arbor/2020/09/ann-arbor-oks-move-to-decriminalize-psychedelic-mushrooms-plants.html
Stephen, J. (2021). Easthampton, Massachusetts Votes to Decriminalize, End Arrests for Growing Psychedelics. Truffle Report. https://truffle.report/easthampton-massachusetts-votes-to-decriminalize-end-arrests-for-growing-psychedelics/
Vaughan, J. (2022). Several rural Oregon counties vote against therapeutic use of psilocybin. OPB. https://www.opb.org/article/2022/11/09/several-rural-oregon-counties-vote-against-therapeutic-use-of-psilocybin/
Weise, E. & della Cava, M. (2019). Oakland in California decriminalizes magic mushrooms and peyote. USA Today https://www.usatoday.com/story/news/2019/06/05/oakland-california-legalizes-magic-mushrooms-and-peyote/1347888001/