Are psychedelics legal?
Psychedelics are generally illegal globally, apart from a few places in South America. Some limited psychedelic use is legal in the USA. Denver and Oakland have decriminalized mushrooms but most other psychedelics remain illegal. Even mushrooms remain illegal at the federal level. Thanks to MAPS.org, MDMA has been approved for PTSD therapy by the FDA.
European countries have closed a well-known loophole in the law in the Netherlands: magic mushrooms resemble class I drugs, so their use is completely prohibited. To be clear, the use of fresh mushrooms is not illegal in the Netherlands.
There are currently no accepted medical applications for psilocybin mushrooms in the United States, and they cannot be prescribed by a licensed provider or purchased at a pharmacy. You can buy and eat it in the form of magic truffles, which are only part of the mushroom, but you cannot buy it in pharmacies.
Under Colombian law, possession of a controlled substance, including psilocybin mushrooms, is a level 2 drug offense under Colombian law. Penalties for using psilocin mushrooms include a fine of up to $750 or 12 months in prison or both.
Unprocessed psychoactive mushrooms have been legally owned since December 2008 and can be purchased in smart shops that specialize in ethnobotanical products. However, they are covered by the opium law, making it illegal to possess, consume, or sell them. This has led to some controversy as to whether or not psycho-active mushrooms of some species, such as truffles, are banned.
The psilocybin fungus is not mentioned in any national drug law, but it is found in Hawaii, where it is popularly known as Pulouaitu. There are no legal restrictions on the use of magic mushrooms, which makes their legality somewhat unclear. However, as stated by the U.S. Food and Drug Administration (FDA) and the International Narcotics Control Board (IBNB), Both psilocin and psilocybin belong to a class of Schedule I drugs under the U.S. Drug Enforcement Administration.
Spores that do not contain psilocin or psilocybin may be legally purchased, possessed or sold, but not for other purposes.
Psilocybin is a naturally occurring psychedelic substance and is found in over 200 types of mushrooms, colloquially known as “magic mushrooms.” There is a good chance that you will see a magic mushroom spot growing in your own garden or in a nearby field or forest.
There are religious groups committed to its sacramental use, and psilocybin mushrooms have been decriminalized to varying degrees. Amazingly, it is legal to grow mushrooms in New Mexico, but you cannot buy a cultivation kit with spores, own small quantities, or pick a naturally grown mushroom in the wild.
Some countries do not allow any form of psilocybin, and some cannot even be picked for their spores.
Most countries fall into this category, but I believe this will change over time and I am optimistic about the future of psilocybin in the United States.
The current reform movement in psychedelics in North America has many of the same characteristics as the cannabis industry in its early days. At the time, many wondered whether legal cannabis dispensaries would become a reality. The same questions are beginning to arise in this new psychedelic space about the possibility of legal retail outlets.
Oakland has gone a step further by decriminalizing the use of other psychoactive plant substances such as peyote, iboga, and ayahuasca. The measure, which applies to herbal hallucinogens such as psilocybin and mescaline, does not legalize natural psychedelics, which remain illegal under state and federal law. But they have shown tremendous medical success in treating a wide range of illnesses, from anxiety and depression to anxiety disorders and PTSD.
Instead, it limits the use of municipal funds to reach users, explaining that the use, possession, cultivation, or distribution of plant-based hallucinogens is a low priority for local police.
In 2018, California’s effort to decriminalize magic mushrooms failed to qualify for the statewide election. A group called Decriminalize California set up a campaign office in Hollywood and plans to try again in 2020, but the Oakland City Council voted against decriminalizing the magic mushroom in 2018, making the Bay Area the second city in the United States to do so.
Unlike the Denver initiative passed in May, the Oakland resolution will allow people to own it without the added paranoia of being locked up.
Denver, Colorado, and Oakland, California, have signed laws to decriminalize magic mushrooms, allowing researchers to explore potential medical benefits. The mushroom activist group Decriminalize California sees it as a first step toward ending the ban on psychedelics nationally. Los Angeles is the home base for the decriminalization of California.