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For most purposes, psilocybin (magic mushrooms or shrooms) remains illegal to consume, possess, grow, or sell on a federal level but has been decriminalized in some states’ laws.

The Difference Between Decriminalization & Legalization

Many people confuse the terms legalization and decriminalization, thinking they’re synonyms.

As the name implies, decriminalization refers to something ceasing to be considered a crime, or at least minimizing penalties concerning certain acts that are ordinarily criminal.

On the other hand, legalization refers to removing criminal penalties assigned to a particular act, which generally includes a state regulatory presence.

Magic Mushroom Laws by State

At the moment, the only state that has officially moved to decriminalize magic mushrooms is Oregon. Below is a list of states where magic mushrooms have been decriminalized.

State Decriminalization Status
California: Yes—several municipalities in California have moved to decriminalize natural psychedelics, including Santa Cruz, San Francisco, Berkeley, and Oakland. Magic mushrooms remain highly illegal throughout the rest of the state
Colorado: Yes—magic mushrooms were recently decriminalized in Colorado in November 2022
Massachusetts: Yes—magic mushrooms are decriminalized in four municipalities in Massachusetts: Cambridge, Northampton, Somerville, and Easthampton.
Michigan: Yes—magic mushrooms were decriminalized in Detroit, Grand Rapids, and Ann Arbor, but remain highly illegal throughout the rest of the state.
Oregon: Yes—following Measure 109 on the ballot in November 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for therapeutic use.
Washington: Yes—magic mushrooms have been decriminalized in Seattle, Washington, but remain strictly illegal throughout the rest of the state.
Washington, DC: Yes!

Recently, Washington, DC, has joined the few locations in the US where magic mushrooms (psilocybin) are decriminalized.