Are magic mushrooms legal in the US? What federal law, Oregon and Colorado actually say

Are magic mushrooms legal in the US?

There is no one-line answer, because the United States has more than one layer of law. Federal law lists psilocybin and psilocyn, the two psychoactive compounds in magic mushrooms, in Schedule I of the Controlled Substances Act (21 U.S.C. 812, 2024 edition, GPO). Some states have set up their own rules on top of that, and some cities have passed local policies. Those layers are separate legal records, and a change in one does not rewrite the others.

The word “legal” is also incomplete without an activity. A supervised state programme, a research project, personal possession and commercial retail are different subjects, and a permission for one should not be stretched to cover the others. This article checks the federal rule and two selected state examples, Oregon and Colorado, against the official documents. It is not a fifty-state survey and it is not a legal opinion about anything a particular person might do.

What does federal law say about psilocybin?

Two federal documents matter here. The first is the statute. Section 812 of Title 21 of the US Code sets out the schedules of controlled substances, and Schedule I requires findings that a substance has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety under medical supervision. Its Schedule I list of hallucinogens includes psilocybin and psilocyn (21 U.S.C. 812, 2024 edition, GPO).

The second is the regulation. In 21 CFR 1308.11, the Drug Enforcement Administration’s Schedule I list of hallucinogenic substances includes psilocybin (entry (d)(29), DEA code 7437) and psilocyn (entry (d)(30), DEA code 7438). The lead-in covers any material, compound, mixture or preparation that contains any quantity of the listed substances, unless specifically excepted or listed in another schedule (eCFR, 21 CFR 1308.11, version dated 21 September 2026). We found no exception for mushrooms attached to those two entries.

On 4 October 2026 the 21 September 2026 version was the most recent version of that section the eCFR listed (eCFR version history). The eCFR is a continuously updated compilation of the regulations, so the official record is the Federal Register and the printed Code of Federal Regulations. Check those for anything you plan to rely on.

Is federal rescheduling under way?

We looked. A search of the Federal Register for Drug Enforcement Administration rules and proposed rules mentioning psilocybin rescheduling, published from 1 January 2025 to 4 October 2026, returned a single document: a proposed rule of 23 September 2026 that would place five other tryptamine compounds in Schedule I. It does not concern psilocybin (Federal Register search). That is a search result, not a guarantee. A notice could appear at any time, and the eCFR entry above is what controls today.

For how the 1970 listing came about, see the history of magic mushrooms.

What is Oregon’s psilocybin programme, and what does it not do?

Oregon’s health authority describes psilocybin services as preparation, administration and integration sessions. Licensed facilitators provide them at licensed service centres, and clients must be 21 or older (Oregon Health Authority, what are psilocybin services). The authority’s programme page says Ballot Measure 109 passed in November 2020, that licence applications opened on 2 January 2023, and that service centres began opening to clients in the summer of 2023 (Oregon Health Authority, Oregon Psilocybin Services).

The statute behind it is Chapter 475A of the Oregon Revised Statutes (2025 edition). Its administration-session rule says that a session “must be held at a psilocybin service center” (ORS 475A.355(2)), and it lets a city or county adopt an ordinance, referred to local voters, that prohibits or allows psilocybin product manufacturers or service-centre operators in its area (ORS 475A.718) (Oregon Legislature, ORS chapter 475A).

Oregon is explicit about federal law. The health authority’s page says that although psilocybin services are now a health and wellness option in Oregon, psilocybin is still a Schedule I substance under the federal Controlled Substances Act (Oregon Health Authority). The statute itself says the programme may not be construed to require a person to violate federal law, or to exempt a person from federal law or obstruct its enforcement (ORS 475A.215(6) and (7)) (ORS chapter 475A).

So Oregon shows a defined state services framework. It is not nationwide legalisation, and it is not unrestricted retail. This article does not provide provider lists, purchasing advice or participation instructions.

What does Colorado’s HB26-1325 do, and when did it take effect?

Colorado shows why legal summaries need a date. According to the General Assembly’s bill page, HB26-1325 (“Natural Medicine”) was introduced on 6 March 2026, passed the House on 9 May and the Senate on 13 May 2026, was signed by the governor on 4 June 2026, and has an effective date of 12 August 2026 (Colorado General Assembly, HB26-1325). The enacted text confirms the mechanism: the act takes effect on the day after a 90-day period following adjournment, which it gives as 12 August 2026 if the legislature adjourned on 13 May 2026, unless a referendum petition is filed, in which case the act does not take effect unless voters approve it in November 2026 (act section 18) (signed act, PDF). We did not check whether any petition was filed. The bill page lists 12 August 2026 as the effective date.

What the act does is narrower than a headline might suggest. Its enacted text amends existing Colorado natural-medicine law, namely the “Natural Medicine Health Act of 2022” and the Colorado Natural Medicine Code, and it creates an ibogaine research pilot programme of up to five sites. Operating a pilot site is contingent on federal approval, and the pilot provisions take effect only if the state agency that runs the pilot (the BHA) receives $150,000 in gifts, grants or donations, or an in-kind donation of that value, before 1 January 2028 (section 2, subsections (11) and (16)). It also changes advisory-board and licensing provisions, adds liability provisions and benefit-sharing plans for Indigenous communities, and adds new offences-statute language. The text we read does not name psilocybin or mushrooms (signed act, PDF; bill page).

One change cuts against a loose “Colorado allows it” reading. Section 8 of the act amends the state offences statute, C.R.S. 18-18-434, by adding that nothing in it permits a person to advertise natural medicine, or to use harm-reduction or support services to conduct sales of natural medicine (signed act, PDF).

For the background law, the Legislative Council’s fiscal note of April 2023 says that Colorado voters passed Proposition 122 in 2022, requiring a regulatory framework and decriminalising use of certain natural psychedelics, including psilocybin and psilocin (Legislative Council fiscal note, SB 23-290). That note describes the bill as introduced and the law as it stood in 2023. Later legislation, including this act, has changed details, so read the current enacted text rather than a summary. This overview deliberately does not turn any one provision into a claim that all transactions or all activities are permitted.

Does a state programme change federal law?

No. A state rule and the federal listing are separate legal records. Oregon says so on its own programme page, and Colorado’s new act makes its ibogaine pilot contingent on federal approval (section 2, subsection (11) of the act). Read both layers instead of inferring a federal change from a state programme.

Decriminalisation and a regulated market are also different policy questions. Each depends on an exact enacted measure, which determines the permitted conduct and the restrictions that remain.

What do legal headlines usually leave out?

Before summarising a rule, identify what kind of document it is: a federal regulation, an enacted state law, an agency rule, a ballot proposal or a city resolution. These cannot stand in for one another. A common reporting mistake is to replace a specific rule with a broad statement about mushrooms in general.

Marketing language is not a substitute for the underlying legal document. Neither is a species or “strain” name: a name does not establish that a product is approved, reliably identified or safe. For safety information, see our safety page.

Does this cover every state and city?

No. Oregon and Colorado are selected examples that show different layers of law and why current sources matter. Silence about another state, county or city is not a legal conclusion. Each has its own documents, and local ordinances can differ from the state’s.

I’m in Canada: does any of this apply to me?

No. This article is about United States law only. Canada has its own position under its own statutes, set out in how magic mushrooms became illegal in Canada, and for the background on the mushrooms themselves see what are magic mushrooms.

How current is this article, and what did we not check?

Legal sources were checked on 4 October 2026. We recorded the jurisdiction, instrument, date and scope of each claim. We did not verify whether a referendum petition was filed against Colorado’s HB26-1325, we did not review Oregon or Colorado administrative rules or local ordinances, and we cover no other state. A review date means these sources were checked. It does not mean every possible legal development was captured.

Shroomverse sells mushroom products. This article is general information about United States law. It is not medical, legal or purchasing advice, and it does not encourage anyone to use drugs.