Where Are Mushrooms Legal in the USA?

Mushrooms🍄 have been an integral part of human culture for centuries. With their unique flavors and medicinal properties, they have found their way into various cuisines and traditional practices. However, where are mushrooms legal in the USA?

When it comes to the legality of mushrooms, things can get a bit complicated. In the United States, there are certain regions where specific types of mushrooms are legal for consumption, while others are strictly regulated or prohibited.

In this article📝, we’ll explore the current legal status of mushrooms in the USA, and provide you with valuable insights into where you can enjoy these fungal delights without legal repercussions.

Where are mushrooms legal in the USA

Before delving into the specific regions where mushrooms are legal, it is essential to understand how mushrooms are classified in terms of their legality.

Mushrooms contain a compound called psilocybin, which is responsible for its psychoactive effects.

In the eyes of the law, psilocybin is considered a Schedule I substance, meaning it is categorized as having a high potential for abuse and no accepted medical use.

Where Are Mushrooms Legal in the USA?

In the USA, the legal status of mushrooms varies from state to state. As of September 2021, several jurisdictions have decriminalized or legalized the use of mushrooms. Let’s take a closer look at these locations: 👇

States with Legal Recreational Mushroom Use

Oregon: Leading the Way

Oregon stands out as a pioneer in the realm of recreational mushroom use. In 2020, the state passed Measure 109, allowing the regulated use of psilocybin in licensed therapeutic settings.

Although the full implementation is still underway, this significant step highlights a growing acceptance and understanding of the potential benefits of mushrooms.

Washington, D.C.: Decriminalization Efforts

In 2020, Washington, D.C., decriminalized the possession and non-commercial sharing of entheogenic plants and fungi, including psilocybin mushrooms.

While this doesn’t legalize mushrooms entirely, it reflects a shift towards a more progressive approach and acknowledges the therapeutic value these substances may hold.

States with Legal Medicinal Mushroom Use

California: Pioneering the Field

California has been at the forefront of embracing alternative treatments, including medicinal mushrooms. The state permits the use of psilocybin in certain medical contexts, such as in research studies and for terminally ill patients.

This approach recognizes the potential therapeutic benefits and explores the medical applications of mushrooms.

Colorado: Progressive Laws

Colorado has taken significant steps towards allowing medicinal mushroom use. In 2020, the city of Denver decriminalized the personal use and possession of psilocybin mushrooms.

Also Read: Are Mushrooms Legal in New York?

States with Legal Mushroom Cultivation

New Mexico: Unique Regulations

New Mexico stands out for its unique approach to mushroom cultivation. The state allows for the legal cultivation of psilocybin mushrooms for personal use under certain conditions.

This development provides individuals with the opportunity to grow their own mushrooms within the boundaries set by the state.

Michigan: Innovative Initiatives

Michigan has shown progressive initiatives regarding mushrooms. In 2020, the Ann Arbor City Council decriminalized the possession, use, and cultivation of entheogenic plants and fungi, including psilocybin mushrooms.

This move represents a significant step towards acknowledging the potential benefits of mushrooms and exploring new avenues for personal cultivation.

Maine: Expanding Possibilities

Maine is another state that has opened doors to mushroom cultivation. In 2020, the city of Portland voted to decriminalize the possession and cultivation of psilocybin mushrooms.

This decision allows individuals in the city to explore the benefits of mushrooms in a personal capacity.

Also Read: Are Mushrooms Legal in Arizona?

Legal Considerations and Restrictions

Federal Law and the Controlled Substances Act

While certain states have embraced more lenient attitudes towards mushrooms, it’s important to note that federal law still considers psilocybin a Schedule I substance.

This means that regardless of state laws, possession, distribution, and cultivation of mushrooms can still result in legal consequences at the federal level.

Psychedelic Therapy and Research

Despite legal restrictions, there has been a resurgence of interest in the therapeutic potential of mushrooms.

Various research studies and clinical trials are exploring the use of psilocybin-assisted therapy for mental health disorders such as depression, anxiety, and post-traumatic stress disorder (PTSD).

The FDA has even granted breakthrough therapy designation for psilocybin in the treatment of depression.


The legal landscape surrounding mushrooms in the USA is gradually evolving.

While federal law still classifies psilocybin as a Schedule I substance, several states have taken progressive steps to decriminalize or legalize the use, possession, and cultivation of mushrooms.

From Oregon’s regulated therapeutic use to the decriminalization efforts in Washington, D.C., and the exploration of medicinal applications in California and Colorado, the acceptance of mushrooms is expanding.

However, it’s crucial to remain informed about the specific laws and regulations in your state or locality to ensure compliance.

Also Read: What States Are Mushrooms Legal?


Are mushrooms legal anywhere in the USA?

Yes, certain jurisdictions in the United States have decriminalized or legalized the use and possession of certain types of mushrooms.

Which states have decriminalized or legalized mushrooms?

As of my knowledge cutoff in September 2021, states that have decriminalized or legalized mushrooms include Oregon and the District of Columbia (Washington D.C.). However, please note that laws can change, and it’s important to stay updated with the latest regulations.

What is the status of mushrooms in Oregon?

In November 2020, Oregon passed Measure 109, which allows for the regulated medical use of psilocybin, the psychoactive compound found in certain mushrooms. Measure 110, also passed in November 2020, decriminalized the possession of small amounts of all drugs, including psilocybin.

Can I legally purchase mushrooms in Oregon?

As of September 2021, there are licensed psilocybin service centers being established in Oregon where individuals can legally purchase and consume psilocybin products under specific guidelines and requirements.

What about Washington D.C.?

In November 2020, voters in Washington D.C. approved Initiative 81, which makes the enforcement of laws against the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi, including certain mushrooms, among the lowest law enforcement priorities.

Can I grow mushrooms in Washington D.C.?

Initiative 81 in Washington D.C. does not allow for the commercial distribution of mushrooms, but it does make the cultivation and possession of certain mushrooms for personal use one of the lowest law enforcement priorities.

Are mushrooms legal for recreational use anywhere in the USA?

As of my knowledge cutoff in September 2021, mushrooms are not yet legal for recreational use in any state in the USA. However, this information may change, and it’s essential to stay updated with the latest legal developments.

Are there any restrictions on mushrooms in Oregon and Washington D.C.?

Yes, even in jurisdictions where mushrooms are decriminalized or legalized, there are typically regulations in place. These regulations may include age restrictions, possession limits, and requirements for licensed facilities for consumption or sale.

Can I transport mushrooms across state lines?

Transporting mushrooms across state lines, even between jurisdictions where they are legal or decriminalized, may still be subject to federal regulations. It’s advisable to consult legal experts or familiarize yourself with specific laws before attempting to transport mushrooms.

Are there any ongoing efforts to legalize mushrooms in other states?

There may be ongoing efforts to change the legal status of mushrooms in various states. However, it’s important to research the latest news and legislative developments to determine the current situation in each specific state.

How can I stay informed about the legal status of mushrooms in the USA?

To stay updated on the legal status of mushrooms in the USA, you can follow relevant news sources. Also, monitor legislative actions at the state and federal levels, and consult with legal professionals who specialize in drug policy.

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