Legal Status of Mushrooms Across the United States: A State-by-State Guide

The legal landscape for psilocybin mushrooms is rapidly evolving across the United States. While federal law still classifies psilocybin as a Schedule I controlled substance, individual states and municipalities have begun implementing their own policies ranging from full legalization to decriminalization or approved therapeutic use. This comprehensive guide examines where mushrooms are legal and what restrictions remain in place across different jurisdictions.

Legal Status Overview: Where Are Mushrooms Legal?

As of 2024, only a handful of states have implemented measures to legalize or decriminalize psilocybin mushrooms. Oregon and Colorado lead with the most progressive policies, while several cities have enacted local decriminalization measures. The vast majority of states still maintain prohibitions aligned with federal law.

When determining legal status, it's important to understand the distinction between legalization and decriminalization. Legalization permits regulated use, while decriminalization typically reduces penalties without creating a legal market. For those in the industry, accurate measurement tools are essential for compliance in jurisdictions where specific amounts determine legal thresholds.

States with Full or Partial Mushroom Legalization

Oregon

Oregon became the first state to legalize therapeutic psilocybin through Measure 109 in 2020. The program allows adults to access psilocybin services in supervised settings. Separately, Measure 110 decriminalized personal possession of small amounts of all drugs, including psilocybin mushrooms.

Colorado

Colorado voters approved Proposition 122 in 2022, which legalized the personal use, possession, and cultivation of psilocybin and certain other plant-based psychedelics for adults 21 and over. The measure also creates a framework for therapeutic use.

States and Cities with Mushroom Decriminalization

Washington DC

Initiative 81, passed in 2020, makes enforcement of laws against plant-based psychedelics, including psilocybin mushrooms, among the lowest law enforcement priorities. This effectively decriminalizes personal use and possession in the District.

Cities with Local Decriminalization

• Ann Arbor, Michigan passed a resolution in 2020 making enforcement of laws against entheogenic plants the city's lowest priority
• Detroit, Michigan voters approved a similar measure in 2021
• Seattle, Washington's city council unanimously voted to decriminalize noncommercial activity around psychedelic substances in 2021
• Oakland and Santa Cruz, California have both enacted decriminalization policies

Midwest Region: Legal Status in Missouri, Ohio, and Minnesota

Are Mushrooms Legal in Missouri?

No, mushrooms are not legal in Missouri. The state follows federal classification of psilocybin as a Schedule I controlled substance. Possession is a Class D felony that can result in up to 7 years imprisonment. There are currently no statewide decriminalization efforts, though advocacy groups are working to change this.

Are Mushrooms Legal in Ohio?

Mushrooms remain illegal in Ohio. Possession is classified as a fifth-degree felony, potentially resulting in 6-12 months imprisonment. No cities in Ohio have enacted local decriminalization measures, though there is growing interest in therapeutic applications.

Are Mushrooms Legal in Minnesota?

Minnesota prohibits psilocybin mushrooms under state law. Possession is a felony offense. However, in 2023, the state established a task force to study the potential therapeutic benefits of psychedelics, indicating possible future policy changes.

Northeast Region: Status in Massachusetts, Connecticut, and New Jersey

Are Mushrooms Legal in Massachusetts?

Psilocybin mushrooms remain illegal in Massachusetts under state law. However, several municipalities including Somerville, Cambridge, Northampton, and Easthampton have passed resolutions deprioritizing enforcement of laws against entheogenic plants.

Are Mushrooms Legal in Connecticut (CT)?

Connecticut maintains prohibition on psilocybin mushrooms. However, in 2022, the state approved a bill establishing a pilot program for psychedelic-assisted therapy using MDMA or psilocybin, signaling potential future developments.

Are Mushrooms Legal in New Jersey (NJ)?

No, mushrooms are not legal in New Jersey. The state maintains criminal penalties for possession and distribution. In 2021, New Jersey did reduce penalties for possession of small amounts of psilocybin, but it remains illegal.

Southern States: Virginia, Georgia, and North Carolina

Are Mushrooms Legal in Virginia (VA)?

Virginia prohibits psilocybin mushrooms, with possession classified as a Class 5 felony. There are currently no decriminalization measures in place at either the state or local level.

Are Mushrooms Legal in Georgia?

Georgia maintains strict prohibition on psilocybin mushrooms. Possession is classified as a felony offense that can result in 2-15 years imprisonment for first-time offenders.

Are Mushrooms Legal in North Carolina (NC)?

North Carolina classifies psilocybin as a Schedule I controlled substance. Possession is a Class I felony that can result in up to 24 months imprisonment.

Western States: Washington, Alaska, and Montana

Are Mushrooms Legal in Washington State?

While Washington state law prohibits psilocybin mushrooms, Seattle has effectively decriminalized personal use through a city council resolution making enforcement the lowest priority. The state has also approved funding for psilocybin research.

Are Mushrooms Legal in Alaska?

Alaska prohibits psilocybin mushrooms under state law. There are currently no statewide or local decriminalization measures in place.

Are Mushrooms Legal in Montana?

Montana maintains prohibition on psilocybin mushrooms. Possession is classified as a felony offense that can result in up to 5 years imprisonment and substantial fines.

Enforcement Considerations and Legal Precautions

Even in jurisdictions with decriminalization or legalization measures, several important legal considerations remain:

• Federal prohibition remains in effect nationwide, creating potential legal conflicts
• Decriminalization typically applies only to personal possession of small amounts
• Manufacturing, distribution, and sales usually remain prohibited even in decriminalized areas
• Therapeutic use programs have specific regulatory requirements
• Legal status can change rapidly as new legislation is introduced

The legal landscape for psilocybin mushrooms continues to evolve rapidly. Several states including New York, California, and Pennsylvania have active legislation under consideration that could change their legal status in the near future. As public opinion and research on therapeutic benefits continue to develop, we can expect further policy shifts across the country.