Psilocybin, or magic mushrooms, is an illegal schedule 1 drug in the US. But with the recent decriminalization of psilocybin in Denver and Oakland, what exactly is the legal status of magic mushrooms?

Psilocybin 

Psilocybin is a psychedelic alkaloid compound that is found in psilocybin-containing mushrooms, more famously known as magic mushrooms. These mushrooms are often valued for their hallucinogenic effects when ingested. 

A psilocybin mushroom high is typically described as dream-like, introspective, and emotional and is often accompanied by visual and auditory hallucinations. Due to its use as a recreational hallucinogen, psilocybin was given schedule 1 drug classification in 1970. 

Psilocybin Decriminalization 

Despite its illegal federal status, two US cities - Denver, Colorado, and Oakland, California - passed measures in 2019 that decriminalized the possession of magic mushrooms. 

So what does that mean?

While psilocybin mushrooms are still technically illegal to possess, the city councils of Denver and Oakland put measures in place to ensure that people found in possession of the illegal mushrooms won't be prosecuted. 

This decriminalization creates a confusing legal situation that is quite similar to that of states who have legalized cannabis. While 33 states have legalized cannabis use, it still remains a federally controlled substance and so much like in Denver or Oakland, possession results in you adhering to law/avoiding prosecution at one level while also committing a prosecutable crime at the federal level for doing the exact same thing. 

Although federal prosecution for psilocybin possession is commonly thought to be unlikely and is not a concern held by many, it’s important to remember that decriminalization doesn’t exist outside of the areas of Denver, Colorado, and Oakland, California.  

Possible Future Psilocybin Measures 

There are more possible psilocybin legalization/decriminalization measures on the horizon, with pro-psilocybin organizers working towards a possible ballot measure in the 2020 election in Oregon and supporters in California wanting a statewide decriminalization measure on the ballot in 2020. 

Why The Support For Psilocybin Decriminalization?

It turns out that magic mushrooms do more than just create a hallucinogenic high. Psilocybin has demonstrated an ability to treat a range of cognitive issues such as cluster headaches and mood and addiction disorders. 

Cluster headaches are extremely painful headache attacks that are often resistant to therapy. A 2015 survey showed that cluster headache sufferers reported using psilocybin as a treatment for their cluster headaches with comparable or more successful results than conventional medications. 

Another study using psilocybin as a treatment found that it resulted in positive improvements to mood and anxiety in cancer patients suffering from anxiety. While another showed that psilocybin treatment resulted in the safe reduction of symptoms in patients with obsessive-compulsive disorder (OCD). 

Research indicates that addiction treatment may also be possible with psilocybin treatment thanks to its activation of the 5HT2A serotonin receptor. One study investigated the effect of psilocybin treatment on participants with alcohol dependencies. The results showed that psilocybin was able to significantly increase abstinence and that those improvements were largely maintained at the 36-week follow-up.