Psilocybin decriminalization in the United States

Psilocybe semilanceata, a psilocybin mushroom species commonly sold in the United States.[3]

Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms".[3] In the United States, it is federally classified as a Schedule I controlled substance that has "no accepted medical use and a high potential for abuse."[4] The drug was banned by the 1970 Controlled Substances Act.[5] In February 2019, Troy Farah of Wired reported on two grassroots movements in Oregon and the city of Denver, Colorado, that were pushing for the decriminalization of psilocybin.[6] Advocates for decriminalizing psilocybin have formed their movement based on the rapid legalization of cannabis in the United States.[5] Decriminalization efforts have not included synthetic psychedelics such as lysergic acid diethylamide (LSD) and MDMA.[7]

In May 2018, President Donald Trump signed the Right to Try Act, with certain doctors suggesting that it allows terminally-ill patients to use psychedelics for treatment.[6] In October 2018, the Food and Drug Administration granted psilocybin "breakthrough therapy" status for research.[5][8] The drug was granted this status again in November 2019.[9] Decriminalization advocates have cited research that suggests that the drug is non-addictive and causes a low amount of emergency visits when compared to other illegal drugs.[4] Other research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence.[4] Advocates have also claimed that decriminalization would lift law enforcement resources to focus on high-priority issues.[10]

American author Michael Pollan, writing for The New York Times, criticized the movement for being a premature push, while research on psilocybin was not done. He wrote, "We still have a lot to learn about the immense power and potential risk of these molecules, not to mention the consequences of unrestricted use." Pollan acknowledged the low-risks of the drug's use, but cited a survey that nearly eight percent of people needed psychiatric treatment after experiencing a bad trip.[5]

Legality of psilocybin in the United States

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  Legal for medical use, decriminalized for other uses

  States with decriminalized cities

  Prohibited for any use

As of January 2021, four cities have decriminalized psilocybin. In May 2019, Ordinance 301 narrowly passed in Denver with 50.6% voting in favor.[4] The following month, thirty individuals testified to the city council in Oakland, California, about their prior experiences with psilocybin. Following the testimonies, the city council unanimously voted to decriminalize the drug, along with peyote.[10] In January 2020, Santa Cruz, California, voted unanimously to decriminalize the adult possession and cultivation of psilocybin.[11] Commercial sale of psilocybin is still illegal.[7] In September 2020, the City Council of Ann Arbor, Michigan, voted unanimously in favor of a resolution declaring the investigation or arrest of anyone for planting, cultivating, purchasing, transporting, distributing, engaging in practices with or possessing entheogenic plants or plant compounds to be the city's lowest law enforcement priority.[12][13] In January 2021, the Somerville City Council voted unanimously to decriminalize the possession of entheogenic plants, including psilocybin mushrooms and ibogaine.[14][15] In February 2021, the City Council of Cambridge, Massachusetts followed.[16][17]

In the case of State of New Mexico vs David Ray Pratt, New Mexico’s Court of Appeals found that if one grows psilocybin mushrooms for personal use, it is not considered "manufacturing of a controlled substance" under state law. The court overturned Pratt's felony drug trafficking conviction for growing psilocybin mushrooms in his home. The law’s definition of manufacture, as quoted by the online edition AlbuquerqueJournal, is "the production, preparation, compounding, conversion or processing of a controlled substance or controlled substance analog by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container."[18][19]

During the trial, Pratt testified under oath that he was growing the mushrooms for personal use and didn't plan to sell them. Pratt's lawyer pointed out that the mushrooms were in "a natural state of mushroomness" when the police tore them out of their mason jars. She added that, "Genetic material in a seed or spore, brought to fruit by provision of soil and water, is not 'manufacturing' as contemplated by the Legislature". The appeal was successful. Pratt was also convicted of owning a marijuana pipe; he did not appeal that part of the conviction.[20][21]

A 2018 effort to decriminalize psilocybin in California failed to garner enough signatures.[22] In February 2019, Iowa state lawmaker Jeff Shipley introduced two bills that would legalize medical psilocybin and remove the drug from the state's list of controlled substances.[22] In June 2019, Representative Alexandria Ocasio-Cortez proposed legislation that would remove restrictions placed on researching the medical use of psilocybin.[23] By November 2019, nearly 100 U.S. cities were reportedly considering measures to decriminalize psilocybin.[24]

In January 2020, a Vermont state lawmaker, along with three other co-sponsors, introduced a bill to decriminalize psilocybin, peyote, ayahuasca, and kratom.[25][26] In February 2020, the Board of Elections in Washington, D.C., decided to allow a vote on decriminalization in November of that year if organizers could collect enough signatures in time.[27] On August 6, 2020, after supporters gathered more than 25,000 signatures amid the coronavirus pandemic, the D.C. Board of Elections said the initiative to decriminalize psychedelic plants, including psilocybin mushrooms, will appear on November's ballot.[28] On May 26, 2020, an initiative in Oregon to legalize medical psilocybin qualified to appear on the ballot in November.[29] Another initiative in Oregon would decriminalize drug possession and expand treatment services.[30] In May 2020, New York Assemblywoman Linda Rosenthal introduced a decriminalization bill, citing ongoing medical research and successful efforts in Denver, Oakland, and Santa Cruz.[31] In November 2020, an unknown New Jersey senator added an amendment to a marijuana decriminalization bill that would decriminalize up to one ounce of psilocybin.[32] In November 2020, California Senator Scott Weiner said he will introduce a bill to decriminalize psychedelics such as psilocybin, ayahuasca, ibogaine, and LSD.[33][34][35]

On May 26, 2020, an initiative in Oregon to legalize medical psilocybin and also decriminalize it statewide qualified to appear on the ballot in November.[29] On November 3, 2020, both measures were approved by voters in Oregon.[36][1]

In January 2019, the Oregon Psilocybin Society and research firm DHM Research found that 47 percent of Oregon voters supported the legalization of medical psilocybin, while 46 percent opposed. The percentage of voters in favor increased to 64 percent after key elements of the ballot were clarified to the poll's participants.[37] In November 2020, a ballot measure to legalize medical psilocybin passed with 55.8% of voters in favor.[38]

An October 2019 online poll conducted by research firm Green Horizons found that 38 percent of U.S. adults supported legalizing psilocybin "under at least some circumstances."[39]

Beginning of September 2020, according to a survey voters in Washington D.C. support the initiative to decriminalize psychedelic plants and fungi. The number of voters in favor increased nine percentage points since April 2020. A key factor, respondents reported, is that they have learned more about the legislation in question. While 60 percent of participants said they would vote “yes” for Initiative 81, 24 percent said they planned to vote “no,” and 16 percent remained undecided.[40][41] In November 2020, on Election Day, 76 percent of voters in Washington D.C. voted in favor of the initiative.[42][43][44]