2022: Places Where It is Legal to Use Shrooms in the U.S.

Magic mushrooms are psilocybin-containing fungi. They cause its users to experience altered or unusual perceptions of reality. Some see, hear, and feel sensations that seem real but are not.

Catholic missionaries stamped out the use of hallucinogenic mushrooms in America. This happened during the Spanish conquest in the past.

But, indigenous ceremonies in Mexico continued to use these psilocybin-containing mushrooms.

What are Psilocybin Mushrooms?

Psilocybin mushrooms, well-known as magic mushrooms or “shrooms.” These are mushrooms that contain a naturally occurring psychoactive and hallucinogenic compound. This substance is psilocybin.

Psilocybin and psilocin are under Schedule I of the Controlled Substances Act. Thus it is still illegal to cultivate or own psilocybin-producing mushrooms. Regardless if it’s for personal consumption or distribution.

Currently, they have not accepted medical use in treatment in the United States.

But, scientific research can use these psilocybin mushrooms.

Is it legal to grow magic mushrooms?

Now, the looming question. Is it legal to grow magic mushrooms? Like the legal status of ayahuasca, the legal status of psilocybin varies per country.

Possession and selling of fresh mushrooms and spores are legal in some places. But laws from nation to nation are inconsistent. Dried mushrooms are almost always illegal in a lot of countries.

Mushroom Laws differ by state. Some will allow you to buy, grow or consume psilocybin mushrooms and some will not.

Thus, you must check if you can legally grow psilocybin mushrooms in your country.

There are a lot of current laws that govern psychedelic use and distribution. For example, many countries cannot allow information on buying or selling illegal substances.

For example, psilocybin is officially illegal to own, cultivate and sell in Mexico. But, it’s perfectly legal to use when you are a part of a church that uses psychedelics.

buying dried magic mushroom in hand

In Brazil, owning, consuming, and selling magic mushrooms is legal. Unfortunately, the substance psilocybin is technically illegal unless they’re used for religious purposes.

The Netherlands is once known as a hotbed for illegal drugs. So they banned the sale of dried mushrooms in 2001 and fresh mushrooms in 2008. But you’re still allowed to have small amounts of “magic truffles.” These magic mushrooms aren’t quite developed, thereby skirting the law.

Are psilocybin mushroom spores legal or illegal?

Psilocybin is a psychotropic substance in magic mushrooms. So this is usually interpreted to mean that the mushrooms themselves are illegal.

But, mushroom spores don’t contain psilocybin. So some have pointed to this as ambiguity in federal law.

Mushroom spore and grow kits are legal and sold in stores or on the internet. These spores and growing kits are also permitted.

But practice caution. Growing psilocybin mushrooms at home can be used to charge you with a felony. Or worse, a drug trafficking conviction.

The Future of Magic Mushrooms in The U.S.

dried shrooms on two hands

The recreational use of magic mushrooms is still illegal across the U.S.

But activists are pushing for widespread decriminalization.

In 2018, Johns Hopkins University researchers suggested reclassifying magic mushrooms. They were pushing it to be under a Schedule IV drug for medical use.

Oakland City Council Member stated that people use magic mushrooms for the following:

  • healing
  • knowledge
  • creativity
  • spiritual connection

Oregon was the first state to legalize psychedelic mushrooms.

Also, they passed legislation to decriminalize non-commercial or personal possession of these substances.

It is also legal to grow psilocybin mushrooms in New Mexico.

California, Georgia, and Idaho are the only remaining states. They are still prohibiting the sale of psychedelic mushroom spores.

The British Virgin Islands prohibits the sale and transport of magic mushrooms. But, possession and personal use are legal. You may even notice vendors selling them to tourists without apparent consequences.

Final Thoughts

Psilocybin falls into an interesting grey area. The Vienna Convention targets the manufacturing of synthetic psychotropics like LSD and MDMA. But psilocybin is a naturally occurring substance.

Some indigenous communities can still use them without facing the law.

Many people use magic mushrooms for recreational purposes. But their traditional use lies mainly in spiritualism and self-discovery.

Psilocin and psilocybin are Schedule I drugs. Thus making them illegal to own or cultivate psilocybin mushrooms.

In recent years, cities and states have reevaluated their stance on mushrooms.

In 2019, Denver was the pioneer city in the U.S. to decriminalize magic mushrooms. Santa Cruz and Oakland, California, followed suit.

The future is bright as more people are now accepting the medical use of magic mushrooms.

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