Psilocybin Mushrooms For Sale: Is It Legal Anywhere In America?

Certain fungi species that spontaneously produce psilocybin, a powerful substance that activates the serotonin 5-HT2A receptor in the brain and produces psychedelic effects like heightened perception, imagery, complex hallucinations and time distortions, are often called psychedelic or magic mushrooms.

Within the world of psilocybin mushrooms, there's a big –and growing– variety of them that can be found in nature. They can also be non-spontaneously grown both at home and in labs. 

These shrooms have been traditionally used for centuries, and have more recently been praised by many for their capacity to propel people's healing journeys (see “Huberman Lab's” episode on psilocybin).

Psilocybin is to date a Schedule I substance under the U.S. Controlled Substances Act. This means it has a high potential for abuse, no currently accepted medical use in treatment in the country and a lack of accepted safety for use under medical supervision.

Simultaneously, rigorous scientific evidence is increasingly mounting, showing psilocybin's sound effects on helping treat health conditions like generalized anxiety, gambling, alcohol and tobacco addictions. The substance is also being evaluated for treatment-resistant depression in a clinical trial led by COMPASS Pathways CMPS.

Recent predictions for the psychedelic drugs market are loud, forecasting a $6.4 billion value in 2034, with psilocybin occupying a prominent place.

Now, in terms of the legal commercialization of these substances, there's seemingly no place in the entire U.S. that enables it to date. This, of course, doesn't mean a proliferation of sources aren't offering them, including cannabis or natural medicine dispensaries with "extended" services, or online shops with door-to-door delivery. 

Where Current Laws Stand

Back to the legal sphere of things, Oregon and Colorado are the sole states that have, to date, decriminalized the use, possession and gifting of psilocybin mushrooms, among other psychedelics. Both states have also legalized the medical provision of psilocybin, calling the state to design a regulated framework for the psychedelic therapy.

At the local level, several municipalities, cities and localities have also passed decriminalization measures in the past four years -namely in Massachusetts, Michigan, California, Washington, Minnesota and Maine. This means they have effectively made law enforcement on people involved in such activities with psilocybin the lowest priority.

Nonetheless, the commercialization component is lacking in virtually all of them. For instance, Oregon's case has a more regulated tendency to it, with licensed healing centers where clients can go and, following psychological assessment, receive psilocybin therapy in-situ provided by a licensed facilitator. (See the latest analysis on the safety of supported psilocybin use in Oregon).

For its part, Colorado's model is somewhat less regulated, at least for the moment. Psychedelics have been decriminalized and people can offer to "trip sit" those willing to undergo a psilocybin session, providing a fairly tailored, non-clinical-like "set and setting." By 2025, the state would begin implementing its own regulated model for therapeutic psilocybin.

Also Read: From Ice Rink To Healing Haven: Former NHL Player Sets Up Psilocybin Therapy Center In Colorado

So either because it is regulated within a supply chain and taken in a regulated healthcare environment, or because people growing the mushrooms are by law not allowed to profit from their sale, the way to get around psilocybin is essentially through gifting or growing in states or localities that have decriminalized it.

Some complementary mechanisms are being used; for instance, facilitators in Colorado would not be strictly out of law if they were to suggest a "tip" or "donation" for their therapeutic-like services, although not for the substance provided.

On the other hand, there's an exemption the psychedelic world watches closely and some roughly capitalize on (setbacks included): it's the fact that established churches and religious groups can grow, possess, own and even distribute psychedelics as long as their traditions involve the use of these substances.

Also Read: Spiritual Psychedelics: Native American Church Requests Congressional Funds To Grow & Protect Peyote

In conclusion, with new local and state-level policy reform proposals adding to the existing ones, plus an increasing appearance of psychedelics reform within federal talks (Congress and the FDA), science and general public's interest on board (from both sides of the coin,) we can expect updates on psilocybin's legal availability to follow soon.

Photo: Benzinga edit with photo by Geralt on Pixabay.