Psilocybin decriminalization in the United States

Psilocybe semilanceata, a psilocybin mushroom species commonly sold in the United States.[1]

Psilocybin is a psychedelic drug produced naturally by psilocybin mushrooms, commonly known as "magic mushrooms".[1] 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."[2] The drug was banned by the 1970 Controlled Substances Act.[3] 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.[4] Advocates for decriminalizing psilocybin have formed their movement based on the rapid legalization of cannabis in the United States.[3] Decriminalization efforts have not included synthetic psychedelics such as lysergic acid diethylamide (LSD) and MDMA.[5]

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.[4] In October 2018, the Food and Drug Administration granted psilocybin "breakthrough therapy" status for research.[3][6] The drug was granted this status again in November 2019.[7] 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.[2] Other research has indicated the potential beneficial use of psilocybin in treating treatment-resistant depression and nicotine dependence.[2] Advocates have also claimed that decriminalization would lift law enforcement resources to focus on high-priority issues.[8]

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.[3]

Legality of psilocybin in the United States

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  Decriminalized cities

  States with decriminalized cities

  Prohibited for any use

As of May 2020, three cities have decriminalized psilocybin. In May 2020, Ordinance 301 narrowly passed in Denver with 50.6% voting in favor.[2] 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.[8] In January 2020, Santa Cruz, California, voted unanimously to decriminalize the adult possession and cultivation of psilocybin.[9] Commercial sale of psilocybin is still illegal.[5]

A 2018 effort to decriminalize psilocybin in California failed to garner enough signatures.[10] 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.[10] In June 2019, Representative Alexandria Ocasio-Cortez proposed legislation that would remove restrictions placed on researching the medical use of psilocybin.[11] By November 2019, nearly 100 U.S. cities were reportedly considering measures to decriminalize psilocybin.[12]

In January 2020, a Vermont state lawmaker, along with three other co-sponsors, introduced a bill to decriminalize psilocybin, peyote, ayahuasca, and kratom.[13][14] 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.[15] On May 26, 2020, an initiative in Oregon to legalize medical psilocybin qualified to appear on the ballot in November. Another initiative in Oregon would decriminalize drug possession and expand treatment services.[16] 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.[17]

In January 2019, the Oregon Psilocybin Society and research firm DHM Research found that 47 percent of Oregon voters approved 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.[18] 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."[19]