Psilocybin decriminalization in the United States

'', a psilocybin mushroom species commonly sold in the United States. Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms." 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 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. 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==

Decriminalization In May 2019, Denver, Colorado, became the first city in the United States to decriminalize psilocybin mushrooms after a ballot initiative narrowly won with 50.6% of the vote. The initiative did not legalize mushrooms but prohibited Denver from spending any resources to prosecute people for their use or possession. The law applies to adults over the age of 21, and psilocybin remained illegal in Colorado until the passing of Proposition 122 in November 2022. In January 2020, Santa Cruz, California, voted unanimously to decriminalize the adult possession and cultivation of psilocybin. Commercial sale of psilocybin is still illegal. In September 2020, the City Council of Ann Arbor, Michigan, voted unanimously in favor of a resolution declaring the investigation or arrest of anyone for planting, cultivating, purchasing, transporting, distributing, engaging in practices with or possessing entheogenic plants or plant compounds to be the city's lowest law enforcement priority. In November 2020, the state of Oregon became the first U.S. state to both decriminalize psilocybin and also legalize it for supervised non-medical use after Ballot Measures 109 and 110 passed. In November 2020, the District of Columbia passed initiative 81; the short title of the initiative was the Entheogenic Plant and Fungus Policy Act of 2020 and it came into effect on March 15, 2021. It decriminalizes psilocybin drugs, which are psychedelics including magic mushrooms, ayahuasca, and mescaline, making arrests for their possession or use the lowest priority for DC police. In January 2021, Washtenaw County, Michigan, followed suit. That same month, the City Council of Somerville, Massachusetts, voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms and ibogaine. In February 2021, after continuous outreach by Decriminalize Nature Massachusetts and Bay Staters for Natural Medicine, the City Council of Cambridge, Massachusetts, and in March 2021, Northampton, Massachusetts, followed. In October 2021, the City Council of Seattle, Washington, and Arcata, California, voted unanimously to deprioritize enforcing entheogen prohibition. On October 20, 2021, the City Council of Easthampton, Massachusetts, voted 7–0 on a non-binding resolution to support ending arrests for the growing of entheogenic plants and fungi, as well as to support decriminalization of the possession of most controlled substances. On November 3, 2021, Detroit voters approved Proposal E, making Detroit the latest city to "decriminalize nature", as supporters call it. Proposal E, a ballot initiative, passed with 61% of voters supporting a law that will, "to the fullest extent permitted under Michigan law", make "the personal possession and therapeutic use of entheogenic plants by adults the city's lowest law-enforcement priority". On December 20, 2021, the city of Port Townsend, Washington, adopted a resolution requesting that "investigating, arrest, and prosecution of adults engaging in entheogen-related activities, included but not limited to... should be a City of Port Townsend low enforcement priority when done in a nonpublic place". On March 22, 2022, Hazel Park became the third Michigan city to decriminalize natural psychedelics. On September 7, 2022, San Francisco Board of Supervisors unanimously approved a measure calling for the decriminalization of the use of entheogenic plants. In March 2022, Colorado activists picked a psychedelic reform initiative (Proposition 122) out of three other similar initiatives and started a signature campaign to place the measure on the state's 2022 election ballot. By July 2022, the reform initiative made the Colorado ballot for the 2022 midterm elections. The ballot initiative was passed in November 2022 by over 50% of those who voted. It decriminalizes the possession, growing, and sharing of five psychedelics for personal use: psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for those aged 21-years-old and over. The initiative also legalized "healing centers" that are licensed by the state's Department of Regulatory Agencies, where those aged 21 and over can buy, consume, and take psychedelics under supervision. This healing center programme is expected to begin in 2024. It will at first only include psilocybin but allows for expansion to include DMT, ibogaine, and mescaline in 2026. On February 27, 2023, Ferndale, Michigan, became the fourth city in Michigan to decriminalize entheogenic plants and fungi. In May 2023, Jefferson County, Washington, decriminalized the use of entheogenic plants and fungi. On July 11, 2023, Berkeley, California, became the fifth city in California to decriminalize entheogenic plants and fungi. On July 23, 2023, Minneapolis, Minnesota, decriminalized entheogenic plants and fungi via mayoral executive order. On October 3, 2023, the City Council in Portland, Maine, has voted to deprioritize the local enforcement of laws against psychedelic plants and fungi. In October 2023, 'Massachusetts for Mental Health Options' received approval from the state attorney general to pursue a ballot initiative in Massachusetts for the 2024 elections. The initiative sought to legalize the personal use of psychedelics, including the home cultivation of entheogenic plants and fungi. However, it was rejected by voters, with 57.1% voting no. On August 13, 2024, the City Council in Olympia, Washington, decriminalized plant-based hallucinogens, including psilocybin mushrooms. On January 28, 2025, the City Council in Tacoma, Washington, decriminalized natural psychedelics containing tryptamines, phenethylamines, and indolamines. On March 24, 2026, the County Council in King County, Washington, voted to deprioritize the personal use of psychedelic substances, including psilocybin, as well as state its support for continued research for entheogen-related alternative treatments and the full decriminalization of the personal use of entheogens at the state and federal level. Supported adult use On May 26, 2020, Oregon state initiatives to legalize supervised adult use of psilocybin (Measure 109) and decriminalize drug possession (Measure 110) qualified to appear on the ballot in November. On April 8, 2025, New Mexico's governor signed a bill into law to establish a therapeutic psilocybin program in the state. Weeks after the proposal from Sen. Jeff Steinborn (D) advanced through the legislature, Gov. Michelle Lujan Grisham (D) gave it final approval on Monday. The Medical Psilocybin Act will allow patients with certain qualifying conditions to access the psychedelic and use it under the guidance of a licensed healthcare provider. == By state ==

A 2018 effort to decriminalize psilocybin in California failed to garner enough signatures. In February 2019, Iowa state lawmaker Jeff Shipley introduced two bills that would legalize medical psilocybin and remove the drug from the state's list of controlled substances. By November 2019, nearly 100 U.S. cities were reportedly considering measures to decriminalize psilocybin. In January 2020, a Vermont state lawmaker, along with three other co-sponsors, introduced a bill to decriminalize psilocybin, peyote, ayahuasca, and kratom. On May 26, 2020, an initiative in Oregon to legalize supervised psilocybin use qualified to appear on the ballot in November. Another initiative in Oregon would decriminalize drug possession and expand treatment services. In May 2020, New York Assemblywoman Linda Rosenthal introduced a decriminalization bill, citing ongoing medical research and successful efforts in Denver, Oakland, and Santa Cruz, and filed further bills regarding psychedelics in the following years. In November 2020, New Jersey senator Nicholas Scutari added an amendment to a marijuana decriminalization bill that would decriminalize up to one ounce of psilocybin. In November 2020, California Senator Scott Wiener introduced a bill to decriminalize psychedelics such as psilocybin, ayahuasca, ibogaine, and LSD. In April 2021, the bill was approved by the Senate Public Safety Committee and the Health Committee, and in May 2021, it was cleared by the Senate Appropriations Committee and approved by the California Senate. In June 2021, the bill was approved by the Assembly Public Safety Committee, and in July 2021, it was cleared by the Assembly Health Committee. In December 2022, it was re-introduced in a slightly modified form as Senate Bill 58, which does not include MDMA or LSD, which were both included in the earlier attempt under SB519. On September 7, 2023, Senate Bill 58 passed in the California Legislature but was quickly vetoed by California Governor Gavin Newsom on October 7, 2023. In September 2021, Michigan senators Jeff Irwin and Adam Hollier introduced SB631, which would create exemptions in the Michigan Health Code allowing personal and communal use, possession, cultivation, transportation and delivery of naturally occurring substances. It is the first of "Decriminalize Nature" led efforts that would allow financial gain for services that utilize these substances. SB 631 was assigned to the Michigan Senate Judiciary and Public Safety Committee but did not advance. In November 2021, activists were advancing reform among others in Grand Rapids, Michigan. On January 5, 2022, Washington State legislators proposed Senate Bill 5660 which would legalize psilocybin for "supported use" among adults over 21. For the 2023 session, lawmakers in eleven states are pursuing psychedelics reform legislation. On September 7, 2023, Senate Bill 58 was passed by the California Senate with 21 ayes and 14 noes. This bill would have decriminalized the possession and use of small amounts of psilocybin and psilocin (among some other psychedelics) for adults aged 21 and above. However, it was vetoed by Governor Gavin Newsom on October 7, who urged the legislature to send him legislation that includes therapeutic guidelines. A bill introduced in May 2024, by New York State Representative Amy Paulin would allow people 18 and older to undergo a health screening, take an educational course, and pass a test to obtain a permit to grow mushrooms or purchase psilocybin from licensed vendors. Since the start of the 2025 legislative session, more than 36 psychedelics-related bills have been introduced across more than a dozen states. ==Public opinion==

In January 2019, the Oregon Psilocybin Society and research firm DHM Research found that 47 percent of Oregon voters supported the legalization of medical psilocybin, while 46 percent opposed it. The percentage of voters in favor increased to 64 percent after key elements of the ballot were clarified to the poll's participants. In November 2020, a ballot measure to legalize medical psilocybin passed with 55.8% of voters in favor. An October 2019 online poll conducted by research firm Green Horizons found that 38 percent of U.S. adults supported legalizing psilocybin "under at least some circumstances." According to a survey in Washington, D.C., done at the beginning of September 2020, voters support the initiative to decriminalize psychedelic plants and fungi. The number of voters in favor increased by nine percentage points since April 2020. A key factor, respondents reported, is that they have learned more about the legislation in question. While 60 percent of participants said they would vote "yes" for Initiative 81, 24 percent said they planned to vote "no," and 16 percent remained undecided. In November 2020, on Election Day, 76 percent of voters in Washington, D.C., voted in favor of the initiative. A UC Berkeley Psychedelics Survey published in July 2023 suggested that 61% of registered voters in the U.S. support legalizing regulated therapeutic access to psychedelics. It also suggested that almost half (49%) of registered voters in the U.S. are in support of the decriminalization of personal use and possession of psychedelics. == See also ==