Are Psychedelics Legal in the United States?

Psilocybin is currently legal in Oregon and decriminalized in other jurisdictions.

Oregon: Passed Measure 109, allowing the legal and supervised use of psilocybin products.
Denver, Colorado: Initiated Ordinance 301 passed in 2019 with 50.64% of the vote making the possession and use of psilocybin mushrooms by those over the age of 21 the lowest law enforcement priority in Denver.
Washington, D.C.: A November 2020 voters initiative declared that police treat the non-commercial cultivation, distribution, possession, and use of magic mushrooms and other entheogenic plants with the lowest of law enforcement priorities.
Oakland, Santa Cruz, and Ann Arbor: Passed local ordinances to decriminalize psilocybin mushrooms.

Thanks to Measure 109 ( the Psilocybin Services Act), psilocybin use is legal in Oregon. This measure directed the state to develop a structure allowing for the delivery of legal psilocybin therapy in a controlled environment by 2023. As of November 2020, Oregon became the first state in the United States to allow any form of legal psilocybin use, when it passed a bill allowing the supervised use of psilocybin if consumed as a psychedelic mushroom.

Measure 109 gives the Oregon Health Authority (OHA) the rights and responsibilities to license and regulate the following with regard to psilocybin:

– Manufacturing
– Transportation
– Sales: Measure 109 does not allow for the recreational use or retail sale of psilocybin-containing products.
– Services: Psilocybin service centers allow anyone over the age of 21 to consume mushrooms containing psilocybin as long as they are under supervision the supervision of a facilitator.

Additionally, Oregon’s Measure 110 made the personal and/or non-commercial possession of psilocybin as well as other controlled substances, no greater than a Class E violation. A Class E violation in Oregon comes with either:

– A maximum penalty of a $100 fine.
– A completed health assessment.