The use of psychedelic drugs for their therapeutic benefit has been growing in popularity across the United States. People seeking psilocybin therapy for mental health issues and not merely for recreational purposes are an emerging sector.
In particular, there are ongoing studies of psilocybin mushrooms as potential treatment options for various mental health disorders. Thus, many are considering transporting commercially produced psilocybin in the US for these purposes.
However, the vagueness and confusion between the local, state, and federal laws make it challenging to keep up with the psychedelics law. Still, you need to have a good understanding of the laws around controlled substances as it is crucial for staying within your rights and avoiding penalties.
Are Psilocybin Mushrooms Legal in the United States?
Psilocybin and psilocin are schedule I substances under the Controlled Substances Act (CSA) alongside heroin and other illegal substances. Psilocybin mushrooms, also known as magic mushrooms or shrooms, are hallucinogenic fungi containing psilocybin and psilocin psychoactive alkaloids.
However, “magic mushrooms” regained their popularity as more and more studies show their potential in treating various mental health disorders.
More states are beginning to rethink their policy approach to magic mushrooms. To date, possession and personal use of magic mushrooms are legal in other parts of the United States.
Federal Laws On Psilocybin
Psilocybin is a Schedule 1 drug under the Controlled Substances Act (CSA). Schedule 1 drugs are substances that don’t have accepted medical use but have a high potential for abuse. Examples of Schedule 1 drugs include:
- Heroin
- Marijuana (cannabis) and
- Lysergic Acid Diethylamide (LSD)
The 21 U.S. Code § 841 – Prohibits anyone who knowingly or intentionally “manufactures” a controlled substance. According to Code § 802, “manufacture” is under the term “production”, which also includes the planting, cultivation, and harvesting of controlled substances.
Moreover, selling psilocybin spore and grow kits may be a violation of the CSA. A psilocybin grow kit may be considered drug paraphernalia.
Selling such grow kits intended for the cultivation of psilocybin could be considered an attempt or conspiracy that may violate the CSA.
Further, to aid and abet committing a crime is illegal as well. If a buyer is found guilty of producing psilocybin mushrooms, the seller may also be held accountable for that offense.
What is the Process for Federal Psilocybin/Magic Mushrooms Registration?
Possession of a controlled substance, even for personal use, is a federal offense unless you have authorization from the U.S. Drug Enforcement Administration (DEA).
Core Activities Relevant To Each Type Of Registration
The DEA is approving authorizations for individuals looking to conduct activities involving schedule I substances. Such authorizations are in the form of “registrations”, which include:
- Manufacture
- Distribution
- Reverse Distribution
- Research
- Import
- Export
- Chemical Analysis
Keep in mind that when dealing with federal law, you should never assume that the terms “manufacture” and “distribution” have the same meaning, especially when you use these words in a conversation regarding a statute or regulation. In fact, the statutory meaning of “manufacture,” is far broader than you might think.
The DEA also has another definition of the term “manufacture” by regulation. Thus, you’ll need to register with the DEA as a “manufacturer” if you’re considering any of the following activities:
- Growing mushrooms that contain either psilocybin or psilocin
- Extracting either psilocybin or psilocin from any other material
- Labeling either psilocybin or psilocin
- Packaging either psilocybin or psilocin
- Repackaging either psilocybin or psilocin
- Producing either psilocybin or psilocin by any means or process
Here are other activities that require DEA registration: Many of these activities are self-explanatory, such as distributing controlled substances, which means to deliver or attempt to deliver them. Importing, exporting, and researching controlled substances also require DEA registration. However, it is important to note that to research Schedule I substances, the FDA will need to approve both you as a researcher and your research protocol. Another activity that requires DEA registration is chemical analysis, which is the type of work that analytical laboratories perform by analyzing a specimen or substance and reporting on its composition and contents. Finally, "reverse distribute" means to acquire controlled substances from another registrant or law enforcement for the purpose of returning them to the registered manufacturer or another registrant authorized by the manufacturer to accept returns on the manufacturer's behalf or for destruction.
The Concept Of Coincident Activities
It is also crucial to understand the concept of “coincident activities.” You see, each of the 7 core activities listed above requires a separate registration.
For instance, if you’re looking to manufacture and conduct research about magic mushrooms, you’ll need to submit different applications. You need to submit an application to register as a manufacturer and another one to register as a researcher.
Once you are authorized to conduct a specific core activity, you are also entitled to perform specified “coincident activities.”
Coincident Activities Associated With Each Core Activity
Each core activity has a specified fee for registration, which must be renewed annually. Moreover, there are coincident activities associated with each core activity. Interestingly, Distribution, Reverse Distribution, and Export do not have associated “coincident activities.”
Here is our excerpt from the Code of Federal Regulations.
- Manufacture. The registration fee is $3,699. You may distribute a registered substance. You are not allowed to distribute or dispose of any unregistered substance.
- Research. The registration fee for research is $296. You may manufacture or import the basic class of a substance or registered substances as long as the aforementioned core activities are explained in the protocol required in § 1301.18. You may distribute such class of substance to registered persons or those authorized to perform research with such class of substance. You may also distribute controlled substances to registered individuals or those authorized to perform chemical analysis.
- Import. The registration fee is $1,850. You may distribute any registered substance or class except for unregistered ones.
- Chemical Analysis. The registration fee for conducting a Chemical Analysis is exactly the same as research, which is $296. You are allowed to manufacture and import controlled substances for educational or instructional activities. You are allowed to distribute such substances to registered individuals or those authorized to perform chemical analysis, instructional activities, or research with such substances. Moreover, you may distribute such substances to individuals who don’t need authorization according to Section 1301.24.
Further, you are allowed to export controlled substances to individuals in other countries conducting chemical analysis, enforcing laws related to such substances and illicit drugs in those countries, and conducting instructional activities with controlled substances.
Again, there are no coincident activities associated with Distribution, Reverse Distribution, and Export. These core activities have the same registration fee, which is $1850.
State Laws on Psilocybin
It’s important to note that every state has its own set of laws that are similar to the CSA (Controlled Substances Act) with regard to paraphernalia, attempts, and other related offenses. These state laws may be more restrictive or less restrictive than federal laws, but they are generally in line with the principles of the CSA.
California prohibits the cultivation of psilocybin mushroom spores. It is also illegal to sell or transport mycelium, a root-like structure of a fungus that produces mushrooms, and any material that contains controlled substances. Violation could result in imprisonment in a county jail or in a state prison.
Being one of the most conservative states, Georgia is well-known for having extremely harsh laws on illegal drugs and controlled substances. Magic mushrooms are no exception as they contain psilocybin, which is a Schedule 1 controlled substance under Georgia and United States laws. Possession of controlled substances is a felony.
The weight of a controlled substance that a violator possesses will determine the level of punishment for a conviction. Possessing less than a gram of such substance has a sentencing range from 1 to 3 years. Possessing more than 28 grams of controlled substances can change the charge from possession to drug trafficking.
Possession of psilocybin and other controlled substances with intent to distribute can also lead to an arrest. In case of a conviction, sentencing can range from 5 to 30 years.
Likewise, psilocybin mushrooms are banned in Idaho, a state governed by stringent drug laws. Psilocybin is a hazardous substance according to Idaho state law. Psilocybin falls under the Schedule I category, it is alongside drugs that carry the highest legal penalties.
Just as it is, Idaho state law prohibits the possession, cultivation, and sale of magic mushroom spores. Those convicted of possession of such spores could be sentenced from 3 to 7 years in prison and fined up to $15,000.
States that Legalized or Decriminalized Psilocybin
Oregon
In November 2020, a majority vote led to the approval of Ballot Measure 110 (BM 110). The legislation was eventually enacted, which decriminalized the possession and personal use of illegal drugs listed under the federal Controlled Substances Act.
But it was Oregon’s Measure 109 that has legalized the use of psilocybin as part of mental health treatment in supervised settings according to a CNBC report. On January 1, Oregon became the first U.S. state to legalize psilocybin treatment for anyone aged 21 and older. However, the consumption of magic mushrooms is only allowed under the supervision of a state-certified facilitator.
California
For years, the forefront of psychedelic policy change has been California. Just recently, legislation was reintroduced to legalize psilocybin mushrooms across the Golden State.
In June 2019, immediately after Colorado voters approve the initiative to legalize psilocybin mushrooms, Oakland city followed suit and decriminalized psilocybin mushrooms and other psychedelics.
In January 2020, the city of Santa Cruz jumped on the bandwagon following a unanimous vote to decriminalize entheogenic plants and fungi. Entheogens are psychoactive chemicals and were previously illegal in California. But now, they have become the lowest priority for local law enforcement.
In September of 2022, San Francisco also decriminalized magic mushrooms and other psychedelics, although not entirely.
The city council only made psychedelics among the lowest law enforcement priorities for the city. It is still unclear whether the Police Department, Sheriff’s Office, and the District Attorney’s office stand on it.
Colorado
In November of 2022, the state successfully passed Proposition 122, or The Natural Medicine Health Act, which decriminalized possession and personal use of magic mushrooms for people 21 years or older.
On Jan. 4, 2023, criminal penalties for possession and personal use of magic mushrooms and other psychedelics were finally removed according to a report. It allowed anyone 21 years or older to possess or use psilocybin mushrooms and other psychedelics.
Transporting, processing and gifting are also allowed. Selling of such substances is allowed as well, again to anyone over 21 years old.
Washington DC
In November 2020 via DC Initiative 81, Washington DC passed a measure to legalize the use and possession of magic mushrooms and other psychedelics. Similar to decriminalization initiatives from other cities, psilocybin mushrooms, and other psychedelics are to remain among the lowest law enforcement priority.
Washington
In October 2021, Seattle became the largest city to decriminalize psychedelics. A resolution was passed to make the investigation, arrest, and prosecution of anyone in possession and use of psychedelics one of the city’s lowest enforcement priorities.
Jumping on the bandwagon is the city of Port Townsend. In December 2021, the city council passed Resolution 21-088. After more than 2 years of lobbying by the Port Townsend Psychedelic Society, the city decriminalized the possession and use of psychedelics.
Michigan
The city of Detroit also followed suit in November of 2021. A majority of voters approved Proposal E, which decriminalizes the possession and use of entheogenic plants under Michigan law. The move made entheogenic plants and fungi among the lowest priorities for law enforcement.
So far, a Michigan county has decided to officially decriminalize activities involving mushrooms. Michigan’s Washtenaw county passed a resolution in September 2020, decriminalizing the non-commercial growth, possession, and use of psychedelics.
Massachusetts
In Massachusetts, 4 cities decriminalized magic mushrooms and other psychedelics. In January 2021, the city of Somerville decriminalized natural entheogens, including psilocybin mushrooms. Cambridge city did the same thing in February.
In April, Northampton city also passed a decriminalization measure while Easthampton city followed suit in October. It was the lobbying of the state’s city council by 2 advocacy groups that led to the decriminalization of entheogenic plants and fungi in these 4 cities.
The Swiss Chemist is Your Trusted Partner in Magic Mushroom Retail
We hope this information has answered your questions regarding the legality of handling psilocybin mushrooms in various ways.
With the right approach, knowledge of the laws around controlled substances, and by partnering with a fully integrated end-to-end producer and exporter of federally-legal botanical psilocybin mushrooms, you’ll avoid legal sanctions associated with activities involving controlled substances in the United States.
As a company based in Jamaica, we have GMP-certified labs and research and development capabilities in producing psilocybin, which includes extraction and testing. If you are a high-volume retailer of magic mushrooms, our in-house team can create top-quality white label for your brand.
We have 17 strains of psilocybin mushrooms that you can choose from that you can sell to your customers with confidence. We design high-end packaging based on your budget and preference. We create top-of-the-line psilocybin products to build customer trust and loyalty.
Above all, we practice cleanliness and enforce quality control to the greatest extent in producing mushrooms, ensuring no manures were used as feeds for our shrooms. Our team in the U.S. and on the ground in Jamaica are committed to producing psilocybin products of the highest quality.
Reach out to us to get started in this emerging market today!