Psilocybin - The Law

The Law

In the United States, psilocybin and psilocin—the active ingredients in "magic mushrooms"—are Schedule I controlled substances. It is against the law to possess these mushrooms, either fresh or dried. It is not against the law to possess or sell the spores from the mushrooms, as these do not contain psilocybin. However, once the spores are planted and the young fungi begin to develop (called the "mycelium stage"), this level of growth is deemed illegal. As soon as psilocybin can be detected in the mushrooms, they become controlled substances.

As of 2005, California was the only state to have enacted laws making it illegal to possess or sell spores that develop into psychedelic mushrooms.

It is difficult to regulate a naturally occurring substance like a mushroom. Psilocybe mushrooms grow wild in many parts of the United States, and people do hunt for them. This can be dangerous for several reasons: 1) If caught with the mushrooms, people can be arrested and prosecuted; 2) Mushrooms that resemble Psilocybe are poisonous; 3) Some mushroom hunters get lost in the wilderness and have to be rescued by police and emergency rescue staff.

As a Schedule I substance, psilocybin carries the highest penalties for possession and sale. Users can lose driver's licenses and federal college loans. They may also face stiff fines and even jail time for a first offense. Repeat offenders commonly wind up in prison.

The only people who can legally use magic mushrooms are certain Native American groups who consider the fungi central to their religious beliefs. They continue to use the mushrooms as their ancestors did in various rituals and take steps to provide a safe environment for that use.